Welsh Statutory Instrument
2006
Wales
The Plant Health (Wales) Order 2006
At a glance
Enforced by
What's here
29 compliance obligations
Penalty landscape
2 of 29 obligations carry an unlimited fine. 27 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 12
- Trader 8
- Manufacturer 5
- Licence Holder 1
- Occupier 1
- Director or Officer 1
Plus 1 non-business duty on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Traders also bound by 219 other Acts (top 5 shown)
- Value Added Tax Regulations 1995 1995 952 duties
- TULRCA 1992 1992 39 duties
- Companies Act 2006 2006 39 duties
- Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 2013 39 duties
- The Customs (Import Duty) (EU Exit) Regulations 2018 2018 33 duties
Manufacturers also bound by 82 other Acts (top 5 shown)
- Toys (Safety) Regulations 2011 2011 27 duties
- Radio Equipment Regulations 2017 2017 25 duties
- Medical Devices Regulations 2002 2002 23 duties
- Lifts Regulations 2016 2016 22 duties
- Electromagnetic Compatibility Regulations 2016 2016 21 duties
Licence Holders also bound by 50 other Acts (top 5 shown)
- Space Industry Regulations 2021 2021 50 duties
- Human Medicines Regulations 2012 2012 11 duties
- Value Added Tax Regulations 1995 1995 7 duties
- Air Navigation Order 2016 2016 5 duties
- Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 2018 5 duties
Occupiers also bound by 101 other Acts (top 5 shown)
- Regulatory Reform (Fire Safety) Order 2005 (England/Wales comparison) 2005 23 duties
- Fire Safety (Scotland) Regulations 2006 2006 21 duties
- Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 2006 15 duties
- Nitrate Pollution Prevention Regulations 2015 2015 13 duties
- Highways Act 1980 1980 12 duties
Directors and Officers also bound by 224 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 22 duties
- CAICEA 2004 2004 18 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — GENERAL
Browse 2 other sections in this Part — procedural / definitional / commencement
General interpretation
Part 2 — IMPORTS FROM THIRD COUNTRIES
Browse 16 other sections in this Part — procedural / definitional / commencement
Interpretation of Part 2
Application of Part 2
Prohibitions and restrictions on landing plant pests and relevant material
Advance notification of landing
Requirements for certificates
Exceptions from certain prohibitions and requirements
Presentation and display of documents
Prohibition on removal of relevant material from an area of plant health control
Exceptions from prohibition on removal of relevant material from an area of plant health control
Plant health discharge
Request to an officer for Revenue and Customs for material to be detained
Power of an officer for Revenue and Customs
General provisions relating to certificates
Requirements to be met by relevant material prior to inspection at its place or country of destination
Approved places of inspection
Requirement for plant health movement document
Part 3 — INTERNAL COMMUNITY CONTROLS ON MOVEMENT
Browse 6 other sections in this Part — procedural / definitional / commencement
Prohibitions on landing plant pests and relevant material
Prevention of the spread of plant pests
Requirements for plant passports
Exceptions from certain prohibitions and requirements
Validity of plant passports for Wales
General provisions relating to plant passports
Part 4 — REGISTRATION OF PLANT TRADERS AND AUTHORITY TO ISSUE PLANT PASSPORTS
Browse 5 other sections in this Part — procedural / definitional / commencement
Register of plant traders
Obligation to register
Registration requirements
Conditions for maintaining registration as a plant trader
Authority to issue plant passports
Part 5 — SWISS TRADE AND SWISS PLANT PASSPORTS
Browse 1 other section in this Part — procedural / definitional / commencement
Swiss trade and Swiss plant passports
Part 6 — MEASURES TO CONTROL THE LANDING OF RELEVANT MATERIAL AND PREVENT THE SPREAD OF PLANT PESTS
Browse 8 other sections in this Part — procedural / definitional / commencement
Examination, sampling and marking
Actions which may be required by an inspector
Actions which may be taken by an inspector
Miscellaneous provisions as to notices
Service of notices
Information as to compliance with notices
Failure to comply with a notice
Power to enter premises used wholly or mainly as a dwelling
Part 7 — PLANTING OF, AND CONTROL OF PLANT PESTS ON, CERTAIN SOLANACEOUS SPECIES
Browse 1 other section in this Part — procedural / definitional / commencement
Miscellaneous provisions for certain solanaceous species
Part 8 — LICENCES
Browse 2 other sections in this Part — procedural / definitional / commencement
Licences to carry out activities prohibited by this Order
Licences for trial or scientific purposes and for work on varietal selections
Part 9 — NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION
Browse 3 other sections in this Part — procedural / definitional / commencement
Notification of the presence or suspected presence of certain plant pests
Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material
Information to be given
Part 10 — OFFENCES
Browse 2 other sections in this Part — procedural / definitional / commencement
Offences
Penalties
Part 11 — THE CUSTOMS ACT AND REVOCATION
Browse 2 other sections in this Part — procedural / definitional / commencement
The
Revocation
Schedules
PLANT PESTS WHICH MUST NOT BE LANDED IN OR SPREAD WITHIN WALES
- Do not land or spread prohibited plant pests in Wales Any Person
RESTRICTIONS ON THE LANDING IN AND MOVEMENT WITHIN WALES OF RELEVANT MATERIAL
- Ensure imported plants and fruit meet specific health requirements Trader
RELEVANT MATERIAL FROM A THIRD COUNTRY FOR WHICH A PHYTOSANITARY CERTIFICATE MAY BE REQUIRED
- Obtain phytosanitary certificates for specific imported plant materials Trader
Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport
- Use plant passports for moving specific plants and produce to the EU Manufacturer
REQUIREMENTS FOR PLANT PASSPORTS
- Ensure plants have a valid plant passport and inspection before movement Manufacturer
SPECIAL MEASURES FOR THE CONTROL OF POTATO WART DISEASE
- Comply with restrictions and treatment notices for Potato Wart Disease Any Person
SPECIAL MEASURES FOR THE CONTROL OF POTATO CYST NEMATODE
- Do not grow or move plants on land contaminated with Potato Cyst Nematode Any Person
SPECIAL MEASURES FOR THE CONTROL OF POTATO RING ROT
- Do not plant or spread potatoes suspected of Ring Rot contamination Any Person
RALSTONIA SOLANACEARUM
- Prevent the spread of Potato brown rot (Ralstonia solanacearum) Any Person
Browse 106 other Schedules — structural / supplementary
Liriomyza sativae Blanchard
Longidorus diadecturus Eveleigh and Allen
Monochamus subsp. (non-European)
Myndus crudus Van Duzee
Nacobbus aberrans (Thorne) Thorne and Allen
Naupactus leucoloma Boheman
Premnotrypes subsp. (non-European)
Pseudopityophthorus minutissimus (Zimmermann)
Pseudopityophthorus pruinosus (Eichhoff)
Scaphoideus luteolus Van Duzee
Spodoptera eridania (Cramer)
Spodoptera frugiperda (Smith)
Spodoptera litura (Fabricius)
Thrips palmi Karny
Tephritidae (non-European) such as: Anastrepha fraterculus (Wiedemann), Anastrepha ludens (Loew),...
Xiphinema americanum Cobb sensu lato (non-European populations)
Xiphinema californicum Lamberti and Bleve-Zacheo
RELEVANT MATERIAL WHICH MAY NOT BE LANDED IN OR MOVED WITHIN WALES IF THAT MATERIAL IS CARRYING OR INFECTED WITH PLANT PESTS
RELEVANT MATERIAL WHICH MAY NOT BE LANDED IN WALES IF THAT MATERIAL ORIGINATES IN CERTAIN THIRD COUNTRIES
Parts of plants of Eucalyptus L'Hérit.
Prohibitions on the landing in and movement within Wales of relevant material without a plant passport
Plants, other than seeds, of Beta vulgaris L. or Humulus...
Plants of stolon or tuber forming species of Solanum L.,...
Plants, other than fruit or seeds, of Fortunella Swingle, Poncirus...
Plants, other than fruit or seeds, of Citrus L.
Fruits of Citrus L., Fortunella Swingle or Poncirus Raf., with...
Plants in paragraphs (a) to (e) which are produced by...
The plants in paragraphs (a) and (b) which are produced...
Seeds of Beta vulgaris L., Dolichos Jacq., Gossypium subsp. or...
Fruits (bolls) of Gossypium subsp. or unginned cotton or fruits...
SWISS PLANT PASSPORTS
Grains of the genera Triticum, Secale or X Triticosecale originating...
Fruit of— (a) Momordica L. or Solanum melongena L.; or...
Tubers of Solanum tuberosum L. other than for planting.
Soil or growing medium, which consists in whole or in...
Soil or growing medium attached to or appears to have...
Where the plant passport comprises an official label and an...
The information referred to in paragraph 5 and 6 above...
FORM OF PHYTOSANITARY CERTIFICATE AND FORM OF PHYTOSANITARY CERTIFICATE FOR RE-EXPORT REQUIRED BY ARTICLE 15(1)
FORM OF PHYTOSANITARY CERTIFICATE AND FORM OF PHYTOSANITARY CERTIFICATE FOR RE-EXPORT PERMITTED BY ARTICLE 15(1)
Notice of landing
PLANT HEALTH MOVEMENT DOCUMENT
If, as a result of an official test, Synchytrium endobioticum...
A plot must be regarded as being contaminated for the...
A notice under article 32 may require any potato tubers...
Where an inspector is satisfied that any potato tubers or...
Where a contaminated plot is demarcated under paragraph 1—
Where a safety zone is demarcated under paragraph 1 potatoes...
A potato variety must be considered to be resistant to...
Where an inspector is satisfied that Synchytrium endobioticum is no...
If, as a result of an official test, Potato Cyst...
Subject to paragraph 5, a person must not distribute as...
Subject to paragraph 5, where contaminated land is demarcated under...
Where an inspector is satisfied that Potato Cyst Nematode is...
Provided there is no risk of the spread of Potato...
A potato variety must be regarded as being resistant to...
In this Schedule— “specified plant material” means tubers or plants...
The measures referred to in paragraph 9 are—
The measures referred to in paragraph 9 are—
Where an inspector is satisfied that a place of production...
Where an inspector is satisfied that a place of production...
The measures referred to in paragraph 13(b) are—
The authorisation referred to in paragraph 13(a) may require that...
Where a place of production is designated by an inspector...
Where specified plant material is designated by an inspector to...
The methods by which material can be required to be...
Where specified plant material is determined by an inspector to...
The methods by which material can be required to be...
A notice under article 32 may require that any machinery,...
Anything cleansed and disinfected in accordance with paragraph 6(b) must...
Without prejudice to paragraph 6, a notice under article 32...
Subject to paragraph 13, where a place of production is...
The measures referred to in paragraph 9 are—
The measures referred to in paragraph 9 are—
Where a place of production is designated by an inspector...
The measures referred to in paragraph 12(b) are—
The authorisation referred to in paragraph 12(a) may require that—...
Where a place of production is designated by an inspector...
Where a place of production is designated by an inspector...
Anything cleansed and, where appropriate disinfected in accordance with paragraph...
Without prejudice to paragraph 6, a notice under article 32...
Subject to paragraph 12, where a place of production is...
NOTIFICATION REQUIREMENTS
Live organisms of the animal kingdom
Phialophora cinerescens (Wollenweber) Van Beyma — a carnation wilt
Puccinia horiana P. Henn — Chrysanthemum white rust
Verticillium albo-atrum Reinke and Berth. — Verticillium wilt disease
Verticillium dahliae Klebahn — Verticillium wilt of hops
Viruses and virus-like pathogens
Chrysanthemum stunt viroid
Plum pox virus
Raspberry ringspot virus
Strawberry crinkle virus
Strawberry latent ringspot virus
Ditylenchus dipsaci (Kühn) Filipjev — Stem nematode
Strawberry mild yellow edge virus
Tomato black ring virus
Tomato spotted wilt virus
Globodera rostochiensis (Wollenweber) Behrens and Globodera pallida Stone Behrens —...
Bacteria
Clavibacter michiganensis subsp. michiganensis (Smith) Davis et al. (syn. Corynebacterium...
Erwinia amylovora (Burr.) Winslow et al., the cause of Fire...
Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey — Slow wilt of...
Xanthomonas campestris pv. vesicatoria (Diodge) Dye — Tomato bacterial spot...
Cryptograms
REVOCATION OF ORDERS
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Advance notification of landing
- Notify authorities before landing specific plants or materials in Wales Any Person
Presentation and display of documents
- Deliver phytosanitary certificates and include mandatory details in customs docs Manufacturer
Prohibition on removal of relevant material from an area of plant health control
- Do not remove plants or regulated material from health control areas Manufacturer
General provisions relating to certificates
- Ensure phytosanitary certificates meet specific formatting and timing rules Trader
Requirements to be met by relevant material prior to inspection at its place or country of destination
- Secure and notify authorities before moving certain plant materials Manufacturer
Requirement for plant health movement document
- Accompany certain plant materials with a movement document Trader
Prevention of the spread of plant pests
- Prevent the spread of prohibited plant pests and infected materials Any Person
Requirements for plant passports
- Ensure plants and materials are accompanied by a valid plant passport Any Person
General provisions relating to plant passports
- Adhere to plant passporting, replacement, and retention rules Trader
Register of plant traders
Other duties (1) — Crown / regulator
- National Assembly must maintain a register of plant traders Crown / Minister / Government department
Registration requirements
- Register as a plant trader and report any changes Trader
Conditions for maintaining registration as a plant trader
- Maintain plant trader registration through record-keeping and inspections Trader
Authority to issue plant passports
- Apply for authority to issue plant passports Trader
Information as to compliance with notices
- Respond to inspector requests regarding notice compliance Any Person
Miscellaneous provisions for certain solanaceous species
- Follow strict controls when planting and sourcing seed potatoes Any Person
Licences for trial or scientific purposes and for work on varietal selections
- Clean and sterilise facilities after scientific or trial work Licence Holder
Notification of the presence or suspected presence of certain plant pests
- Notify authorities of suspected or present plant pests Occupier
Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material
- Notify authorities of pests or restricted materials in a free zone Any Person
Offences
Unlimited fine- Breach of plant health regulations and documentation requirements Director or Officer
Penalties
Unlimited fine- Breach of disease control or animal health requirements Any Person
Browse 28 other unclassified sections
Title, commencement and application
General interpretation
Interpretation of Part 2
Application of Part 2
Prohibitions and restrictions on landing plant pests and relevant material
Requirements for certificates
Exceptions from certain prohibitions and requirements
Exceptions from prohibition on removal of relevant material from an area of plant health control
Plant health discharge
Request to an officer for Revenue and Customs for material to be detained
Power of an officer for Revenue and Customs
Approved places of inspection
Prohibitions on landing plant pests and relevant material
Exceptions from certain prohibitions and requirements
Validity of plant passports for Wales
Obligation to register
Swiss trade and Swiss plant passports
Examination, sampling and marking
Actions which may be required by an inspector
Actions which may be taken by an inspector
Miscellaneous provisions as to notices
Service of notices
Failure to comply with a notice
Power to enter premises used wholly or mainly as a dwelling
Licences to carry out activities prohibited by this Order
Information to be given
The Customs Act
Revocation
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Animal and Plant Health Agency
Safeguards animal and plant health for the benefit of people, environment and economy. Issues export health certificates, manages disease outbreaks, operates veterinary …
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Regulators
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