Plant Health (Forestry) (Great Britain) (Amendment) Order 2002 (S.I. No. 295 of 2002)

The Plant Health (Forestry) (Great Britain) (Amendment) Order 2002 file:///D/HTML/uk30482.htm[16.01.2025 11:34:04] Statutory Instrument 2002 No. 295 The Plant Health (Forestry) (Great Britain) (Amendment) Order 2002 © Crown Copyright 2002 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Plant Health (Forestry) (Great Britain) (Amendment) Order 2002, ISBN 0 11 039442 9. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. STATUTORY INSTRUMENTS 2002 No. 295 PLANT HEALTH The Plant Health (Forestry) (Great Britain) (Amendment) Order 2002 Made 12th February 2002 Laid before Parliament 12th February 2002 Coming into force 5th March 2002 The Forestry Commissioners in exercise of the powers conferred on them by sections 2 and 3(1) to (4) of the Plant Health Act 1967[1] as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972[2], hereby make the following Order: Title and commencement 1. This Order may be cited as the Plant Health (Forestry) (Great Britain) (Amendment) Order 2002 and shall come into force on 5th March 2002. Amendment of the Plant Health (Forestry) (Great Britain) Order 1993 2. - (1) The Plant Health (Forestry) (Great Britain) Order 1993[3] ("the Order") shall be amended in accordance with this article. (2) In article 2(1) of the Order http://www.clicktso.com/portal.asp?DT=ADDITEM&DI=0110394429 http://www.the-stationery-office.co.uk/howtoorder.htm The Plant Health (Forestry) (Great Britain) (Amendment) Order 2002 file:///D/HTML/uk30482.htm[16.01.2025 11:34:04] (a) for the definition of ";Directive 77/93/EEC"[4] there shall be substituted the following text: " 'Directive 2000/29/EC' means Council Directive 2000/29/EC[5] of 8th May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as amended by Commission Directive 2001/33/EC[6] of 8th May 2001 amending certain annexes to Council Directive 2000/29/EC;" and (b) in the definition of "protected zone", for "Directive 77/93/EEC" in sub-paragraph (a) there shall be substituted "Directive 2000/29/EC", and for "Article 16a of Directive 77/93/EEC" there shall be substituted "Article 18 of Directive 2000/29/EC". (3) In article 28 of the Order, for "Directive 77/93/EEC" there shall be substituted "Directive 2000/29/EC". (4) In Schedule 5 (Restrictions on consignments of relevant material to member States), Part B, items 7, 15 and 23 shall be deleted. (5) For Schedule 6 (Description of the Dendroctonus micans protected zone) there shall be substituted the text in the Schedule to this Order. (6) Schedule 7 (Meaning of "Directive 77/93/EEC", Instruments amending Council Directive 77/93/EEC) shall be deleted. In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 12th February 2002. L.S. Frank Strang Secretary to the Forestry Commissioners SCHEDULE Article 2(5) " SCHEDULE 6 Article 2(1) DESCRIPTION OF THE DENDROCTONUS MICANS PROTECTED ZONE The Dendroctonus micans protected zone comprises the areas set out in paragraphs 1, 2 and 3 below. The Plant Health (Forestry) (Great Britain) (Amendment) Order 2002 file:///D/HTML/uk30482.htm[16.01.2025 11:34:04] 1. Scotland 2. The following counties, districts and unitary authorities of England: Barnsley Kent Reading Bath and North East Somerset Kingston Upon Hull Redcar and Cleveland Bedfordshire Kirklees Rotherham Bournemouth Leeds Rutland Bracknell Forest Leicester City Sheffield Bradford Lincolnshire Slough Bristol Luton Somerset Brighton and Hove Medway Council Southend Buckinghamshire Middlesbrough Southampton Calderdale Milton Keynes South Tyneside Cambridgeshire Newbury Stockton-on-Tees Cornwall Newcastle Upon Tyne Suffolk Cumbria Norfolk Sunderland Darlington Northamptonshire Surrey Devon Northumberland Swindon Doncaster North Lincolnshire Thurrock Dorset North East Lincolnshire Torbay Durham North Tyneside Wakefield East Riding of Yorkshire North West Somerset West Sussex East Sussex Nottingham City Windsor and Maidenhead Essex Nottinghamshire Wokingham Gateshead Oxfordshire York Greater London Peterborough The Isle of Wight Hampshire Plymouth The Isles of Scilly Hartlepool Poole Hertfordshire Portsmouth 3. The following parts of counties, districts and unitary authorities in England (a) Derby City: that part of the unitary authority which lies to the north of the northern boundary of the A52(T) road together with that part of the unitary authority which lies to the north of the northern boundary of the A6(T) road; The Plant Health (Forestry) (Great Britain) (Amendment) Order 2002 file:///D/HTML/uk30482.htm[16.01.2025 11:34:04] (b) Derbyshire: that part of the county which lies to the north of the northern boundary of the A52(T) road, and that part of the county which lies to the north of the northern boundary of the A6(T) road; (c) Gloucestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; (d) Leicestershire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road, together with that part of the county which lies to the east of the eastern boundary of the B4114 road, and that part of the county which lies to the east of the eastern boundary of the M1 motorway; (e) North Yorkshire: the whole county, except that part of the county which comprises the district of Craven; (f) South Gloucestershire; that part of the unitary authority which lies to the south of the southern boundary of the M4 motorway; (g) Staffordshire: that part of the county which lies to the east of the eastern boundary of the A52(T) road and that part of the county which lies to the east of the eastern boundary of the A523 road; (h) Warwickshire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road; and (i) Wiltshire: that part of the county which lies to the south of the southern boundary of the M4 motorway, and that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road." EXPLANATORY NOTE (This note is not part of the Order) This Order implements certain measures required by Council Directives 2001/32/EC and 2001/33/EC both of 8th May 2001 (OJ No. L127, 9.5.2001, p. 38 and OJ No. L127, 9.5.2001, p. 42 respectively) by amending the Plant Health (Forestry) (Great Britain) Order 1993 (SI 1993/1283) ("the Order"). The first Directive amends the protected zones established under the principal Plant Health Directive, Council Directive 2000/29/EC (OJ No. L169, 10.7.2000, p. 1) and the latter provides for consequential amendments to certain Annexes of that Directive. The Order is amended to remove the protected zone in respect of the pest Pissodes spp. (European) which is present in Great Britain and which has now spread to Northern Ireland and Ireland (article 2(4)), and to modify the protected zone within England in respect of the pest Dendroctonus micans, (article 2(5)). Amendments are also made to update the references to the principal Plant Health Directive, Council Directive 2000/29/EC, having replaced the previous Directive 77/93/EEC (OJ No. L26, 31.1.77, p. 20) (articles 2(2), (3) and (6)). No Regulatory Appraisal has been prepared in respect of this Order. The Plant Health (Forestry) (Great Britain) (Amendment) Order 2002 file:///D/HTML/uk30482.htm[16.01.2025 11:34:04] Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office We welcome your comments on this site © Crown copyright 2002 Prepared 13 March 2002 Notes: [1] 1967 c. 8; section 2 and paragraphs (1) and (2) of section 3 were amended by the European Communities Act 1972 (c. 68), Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48). Section 1(2) of the Plant Health Act 1967 defines "competent authorities" for the purposes of the Act.back [2] 1972 c. 62.back [3] S.I. 1993/1283, amemded by S.I. 1994/3094, 1995/1989, 1996/751, 1998/2206 and 3109 and 2001/2995.back [4] OJ No. L26, 31.1.77, p. 20.back [5] OJ No. L169, 10.7.00.back [6] OJ No. L127, 9.5.01, p. 42; and see the associated Commission Directive 2001/32/EC of 8th May 2001 (OJ No. L127, 9.5.01, p. 38) recognising protected zones exposed to particular plant health risks in the Community and repealing Directive 92/76/EEC.back ISBN 0 11 039442 9 file:///stat.htm file:/// http://www.wales-legislation.hmso.gov.uk/legislation/wales/w-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.northernireland-legislation.hmso.gov.uk/legislation/northernireland/ni-srni.htm http://www.hmso.gov.uk/ http://www.hmso.gov.uk/hmsoform.htm