UK Statutory Instrument SI 2019 England

The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

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Enforced by
APHA, Forestry Commission
Status
In Force
Penalty ceiling
Prosecution 1 of 27 obligations carry a criminal penalty. 1 carries different penalties and 25 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person6 Operator4 Occupier2

Plus 15 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Operator — also bound by 746 other Acts
Occupier — also bound by 235 other Acts
Highways Act 1980 23 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introduction

0 of 5 sections shown
5 other sections in this Part — procedural and definitional
s.001 Citation, commencement, extent and application
s.002 Interpretation: general
s.003 Interpretation: EU instruments relating to plant health
s.004 Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation
s.005 Article 82 of the EU Plant Health Regulation: meaning of “close proximity”
Part 2

Competent authorities: plant health

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.006 Designation of competent authorities
Part 3

Official controls on controlled consignments from third countries and other official controls on goods from third countries

4 of 7 sections shown
s.007 Derogations to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013 Regulated
  • Notify APHA or Forestry Commission before bringing controlled plant consignments into EnglandOperator
s.010 Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health Regulated
Other duties (1) — Crown / regulator
  • Plant health inspector must serve notice on operator for non-compliant or risky importsStatutory regulator
s.011 Notices under regulation 8, 9 or10 Regulated
  • Comply with plant health notice measures (quarantine, treat, destroy or re-export)Operator
s.013 Transitional provision: approved places of inspection Regulated
  • Notify APHA and secure controlled plant consignments for approved inspectionOperator
3 other sections in this Part — procedural and definitional
s.008 Suspicion of non-compliance
s.009 Consignments not correctly presented for official controls
s.012 Border control posts: authorisation of inspection centres and commercial storage facilities
Part 4

Official activities to prevent the establishment or spread of plant pests

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.014 Introduction
s.015 Notices in relation to controlled plant pests or prohibited material
s.016 Action which may be taken by a plant health inspector
s.017 Establishment of demarcated areas and measures to be taken in those areas
Part 5

Temporary national measures relating to plant health

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.018 Schedule 1
Part 6

Registration, authorisations and certificates relating to plant health

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.019 Applications for registration
s.020 Other applications
s.021 Authorisations for other purposes
s.022 Authorisations granted by an appropriate authority
Part 7

Measures relating to certain solanaceous species

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.023 Schedule 2
Part 8

Notification requirements: plant health

0 of 3 sections shown
3 other sections in this Part — procedural and definitional
s.024 Notification requirements in relation to seed potatoes
s.025 Notification requirements in relation to citrus fruits
s.026 Notification requirements in relation to other plants and plant products
Part 9

General powers of plant health inspectors and enforcement

0 of 9 sections shown
9 other sections in this Part — procedural and definitional
s.027 Interpretation
s.028 Powers of entry
s.029 Right of entry conferred by a warrant issued by a justice of the peace
s.030 Information notices
s.031 Failure to comply with a notice
s.032 Removal of ISPM 15 mark from wood packaging material
s.033 Marking of wood packaging material: power of seizure
s.034 Disclosure of information held by the Commissioners for Her Majesty's Revenue and Customs
s.035 Disclosure of information to other competent authorities
Part 10

General and supplemental provisions relating to plant health notices

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.036 Miscellaneous provisions as to notices
s.037 Service of notices
Part 11

Offences relating to plant health legislation

0 of 11 sections shown
11 other sections in this Part — procedural and definitional
s.038 General
s.039 Failure to comply with requirements of notices etc.
s.040 Defence: reasonable excuse
s.041 Provision of false or misleading information
s.042 Improper use of ... plant passports , Northern Ireland plant health labels or certificates
s.043 Obstruction
s.044 Offence relating to the disclosure of information held by Revenue and Customs
s.045 Defence: lawful disclosure
s.046 Offences by bodies corporate
s.047 Offences by partnerships and unincorporated associations
s.048 Penalties
Part 11

Civil Sanctions

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.048 Civil sanctions
Part 12

Miscellaneous: plant health

0 of 6 sections shown
6 other sections in this Part — procedural and definitional
s.049 Minor and consequential amendments
s.050 Revocation of plant health instruments
s.051 Transitional provisions: licences under article 39(1) of the 2005 Order or article 41(1) of the 2015 Order
s.052 Transitional provisions: other licences under the 2005 Order or the 2015 Order
s.053 Transitional provisions: notices
s.054 Transitional provisions: approvals granted under article 17(1) of the 2005 Order or the 2015 Order
Part 13

Official controls in relation to genetically modified organisms

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.055 Amendment to secondary legislation on official controls in relation to genetically modified organisms
Part 14

Review

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.056 Review
Schedules

Schedules

23 of 97 shown
s.sch002 Official records of investigations and surveys Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must record and update Potato cyst nematode investigation resultsCrown / Minister / Government department
s.sch002 Controls on contaminated bulbs etc. Regulated
  • Do not plant contaminated bulbs or plants until an inspector clears themAny Person
s.sch002 Further investigations for the presence of Potato cyst nematodes Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must investigate Potato cyst nematode breakdown in resistant varietiesCrown / Minister / Government department
s.sch002 Official surveys and testing Regulated
Other duties (1) — Crown / regulator
  • Conduct official surveys and testing for Potato ring rot and take action if suspectedCrown / Minister / Government department
s.sch002 General restrictions on the planting of potatoes Regulated
  • Do not plant imported or uncertified potatoes that fail health testsAny Person
s.sch002 Measures to be taken following the confirmation of the presence of Potato ring rot Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must designate and investigate Potato ring rot contaminationCrown / Minister / Government department
s.sch002 Measures in relation to a contaminated place of production Regulated
  • Comply with eradication measures for Potato ring rot in contaminated fieldsOccupier
s.sch002 Measures to be taken in demarcated zones for the control of Potato ring rot Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must ensure supervision, survey, and seed stock replacement in demarcated zonesCrown / Minister / Government department
s.sch002 Official surveys and testing Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must conduct annual surveys for Potato brown rot and take action on suspected casesCrown / Minister / Government department
s.sch002 Measures to be taken following the confirmation of the presence of Potato brown rot Regulated
Other duties (1) — Crown / regulator
  • APHA must investigate and zone after Potato brown rot confirmationCrown / Minister / Government department
s.sch002 Restrictions on the planting of potatoes in the protected region Regulated
  • Follow restrictions on planting potatoes in protected region and keep recordsAny Person
s.sch002 Measures to be taken in demarcated zones for the control of Potato brown rot Regulated
  • Comply with notice measures in Potato brown rot demarcated zoneOccupier
s.sch002 Additional measures relating to Egyptian potatoes Regulated
  • Label and only process Egyptian potatoes at approved premisesOperator
s.sch002 Official testing Regulated
Other duties (1) — Crown / regulator
  • Regulators must test official samples using EPPO PM 7/40 and PM 7/119Statutory regulator
s.sch002 Official investigations and surveys Regulated
Other duties (1) — Crown / regulator
  • Ensure official investigations and surveys for Potato cyst nematodes in potato fieldsCrown / Minister / Government department
s.sch004a Contents of final notice: compliance and restoration notices Regulated
Other duties (1) — Crown / regulator
  • Final notices must state grounds, required action, appeal rights and consequencesStatutory regulator
s.sch004a Contents of a stop notice Regulated
Other duties (1) — Crown / regulator
  • Stop notices must include grounds, prohibited activity, compliance steps, appeal rights and consequencesStatutory regulator
s.sch004a Offences Prosecution
  • Fail to comply with a stop noticeAny Person

Unlimited fine

s.sch004a Non-compliance penalties Regulated
  • Fail to comply with an enforcement notice (non-compliance penalty)Any Person
s.sch004a Recovery of enforcement costs Regulated
Other duties (1) — Crown / regulator
  • APHA or Forestry Commission may bill you for enforcement costs after compliance actionStatutory regulator
s.sch004a Consultation on guidance Regulated
Other duties (1) — Crown / regulator
  • Appropriate authority must consult before publishing guidanceCrown / Minister / Government department
s.sch004a Imposition of a variable monetary penalty Regulated
Other duties (1) — Crown / regulator
  • Regulator may impose variable monetary penalty up to £250,000 for Part 11 offencesStatutory regulator
s.sch004a Third party undertakings Regulated
  • Offer a third party undertaking if you receive a notice of intentAny Person
74 other schedules
s.sch001 Interpretation
s.sch001 Completion of official controls
s.sch001 Removal of Schedule 1 consignments from border control posts of arrival
s.sch001 Measures to be taken on non-compliant Schedule 1 consignments
s.sch001 Measures to be taken on Schedule 1 consignments
s.sch001 Notification of decisions to refuse the entry of a Schedule 1 consignment into England
s.sch001 Notices under this Part
s.sch001 Temporary measures applying to the introduction of plants, plant products or other objects from third countries
s.sch001 . . . . . . . . . ....
s.sch001 Temporary measures in relation to Candidatus Phytoplasma ulmi
s.sch001 Temporary measures in relation to Agrilus planipennis Fairmaire
s.sch001 National measures in relation to Xylella fastidiosa (Wells et al.)
s.sch001 . . . . . . . . . ....
s.sch001 Exception for controlled material in transit
s.sch001 Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory
s.sch001 . . . . . . . . . ....
s.sch001 . . . . . . . . . ....
s.sch001 . . . . . . . . . ....
s.sch001 Application of this Part
s.sch001 Notification and presentation of Schedule 1 consignments
s.sch001 Consignments not correctly presented for official controls
s.sch001 Official controls to be performed on Schedule 1 consignments
s.sch002 In this Schedule— . . . . . . ....
s.sch002 Notices in relation to infested fields and contaminated susceptible material
s.sch002 Prohibition on the planting of potatoes in infested fields
s.sch002 Suppression of Potato cyst nematodes
s.sch002 Controls on contaminated seed potatoes etc.
s.sch002 Controls on potatoes for industrial processing or grading
s.sch002 Interpretation
s.sch002 Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato ring rot
s.sch002 Additional measures applicable to a unit of protected crop production
s.sch002 In this Schedule— “certified seed potatoes” means pre-basic seed potatoes,...
s.sch002 Restrictions in relation to susceptible material or objects contaminated or possibly contaminated with Potato brown rot
s.sch002 Measures which may be required in relation to a contaminated place of production
s.sch002 Additional measures in relation to units of protected crop production
s.sch002 Interpretation
s.sch002 Official measures relating to contaminated plots of land
s.sch002 Prohibition on the planting of potatoes on contaminated plots
s.sch002 Revocation of the demarcation of a contaminated plot
s.sch002 Interpretation
s.sch004a Compliance notice
s.sch004a Final notice
s.sch004a Contents of final notice: fixed and variable monetary penalties
s.sch004a Fixed monetary penalty: discount for early payment
s.sch004a Appeals against a final notice
s.sch004a Fixed monetary penalty: non-payment within the stated payment period
s.sch004a Criminal proceedings
s.sch004a Stop notices
s.sch004a Appeals
s.sch004a Restoration notice
s.sch004a Completion certificates
s.sch004a Compensation
s.sch004a Enforcement undertakings
s.sch004a Contents of an enforcement undertaking
s.sch004a Acceptance of an enforcement undertaking
s.sch004a Discharge of an enforcement undertaking
s.sch004a Inaccurate, incomplete or misleading information
s.sch004a Non-compliance with an enforcement undertaking
s.sch004a Imposition of a fixed monetary penalty
s.sch004a Appeals
s.sch004a Withdrawing or amending a notice
s.sch004a Appeals
s.sch004a Guidance as to the use of civil sanctions
s.sch004a Publication of enforcement action
s.sch004a Notice of intent
s.sch004a Combination of penalties
s.sch004a Discharge of liability – fixed monetary penalties
s.sch004a Making representations and objections
s.sch005 (1) The Marketing of Vegetable Plant Material Regulations 1995 are...
s.sch005 (1) The Marketing of Ornamental Plant Propagating Material Regulations 1999...
s.sch005 (1) The Forest Reproductive Material (Great Britain) Regulations 2002 are...
s.sch005 (1) The Seed Potatoes (England) Regulations 2015 are amended as...
s.sch005 (1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations...
s.sch005 (1) The Marketing of Fruit Plant and Propagating Material (England)...

Connected legislation

The wider family of instruments made under the same parent Act.

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