The Plant Health (Phytophthora kernovii Management Zone) (England) Order 2004

• Citation: S.I. 2004/3367
• Sections: 6

Section 1 Title, commencement, extent and application

(1) This Order may be cited as the Plant Health ( Phytophthora kernovii Management Zone) (England) Order 2004 and shall come into force on 21st December 2004.

(2) This Order extends to England and Wales but applies only in relation to England.

Section 2 Interpretation

In this Order—

“footpath” includes a footpath and a bridleway with the meaning given to those terms in the Highways Act 1980 ;

“inspector” means any person authorised to be an inspector for the purposes of the principal Orders;

“management zone” means the area near Redruth in Cornwall enclosed by the boundary described in Schedule 2;

“ Phytophthora kernovii ” refers to the organism known as Phytophthora kernovii (formerly known as Phytophthora taxon C);

“plant” has the same meaning as in the Plant Health (Great Britain) Order 1993 ;

“premises” has the same meaning as in the principal Orders;

“the principal Orders” means the Plant Health (Great Britain) Order 1993 and the Plant Health (Forestry) (Great Britain) Order 1993 ;

“susceptible material” means plants and trees, other than fruit or seeds, of the genera and species listed in Schedule 1; and

“tree” has the same meaning as in the Plant Health (Forestry) (Great Britain) Order 1993.

Section 3 Prohibition on the movement of susceptible material

No person shall move any susceptible material from any place within the management zone to any place outside the management zone without the written authority of an inspector.

Section 4 Closure of footpaths

(1) Subject to paragraph (3), an inspector may, where he thinks it expedient for preventing the spread of Phytophthora kernovii from plants or trees adjoining or within the vicinity of a footpath or any part of a footpath within the management zone, close that footpath or part of a footpath in accordance with paragraph (2).

(2) An inspector shall close a footpath or part of a footpath under paragraph (1) by displaying such notices at points of entry to the footpath as appear to the inspector to be reasonably necessary to notify persons wishing to use the footpath of its closure.

(3) Closure of a footpath under paragraph (1) shall not prevent an occupier of premises, or any person who is treated as his visitor for the purposes of the Occupiers' Liability Act 1957 , from using the footpath for the purpose of gaining access to those premises, or to any part of those premises, where his or their only means of access to the premises is by virtue of the footpath.

(4) An inspector may revoke a closure of a footpath or any part of a footpath under paragraph (1) by removing or causing to be removed all notices displayed in accordance with paragraph (2).

(5) Where an inspector closes a footpath under paragraph (1) or revokes a closure of a footpath under paragraph (4) he shall—

(a) give notice of such closure or revocation to the highway authority for the footpath; and

(b) publish notice of such closure or revocation in a local newspaper circulating in the area in which the footpath is situated.

Section 5 Powers of inspectors

(1) Subject to paragraphs (2), (3) and (4), an inspector may, if he has reasonable grounds for suspecting that there is present on any premises, whether inside or outside the management zone, any susceptible material that is being or has been moved in contravention of article 3, enter those premises and inspect and, if he considers it necessary, seize any such material found on the premises.

(2) Before exercising the power in paragraph (1) an inspector shall, unless it is not practicable to do so, give the occupier or other person in charge of the premises reasonable notice of his intention and shall produce his authority, if so required.

(3) The power to enter premises conferred by paragraph (1) may be exercised by an inspector to enter a building used wholly or mainly as a dwelling only if he has been granted a warrant by a justice of the peace.

(4) A justice of the peace may grant a warrant under paragraph (3) only if he is satisfied—

(a) that admission to the building has been refused, or is likely to be refused, or that the case is one of urgency, or that a request for admission might prejudice the purpose of the entry; and

(b) that there are reasonable grounds for entry.

(5) A warrant granted under paragraph (3) shall remain in force—

(a) for one month; or

(b) until the purpose for which the warrant is granted has been fulfilled,

whichever period is the shorter.

Section 6 Offences

(1) A person shall be guilty of an offence if—

(a) without reasonable excuse, proof of which shall lie on him—

(i) he moves susceptible material in contravention of article 3;

(ii) he uses a footpath that has been closed under article 4(1) unless that use is in accordance with article 4(3); or

(iii) he removes, unless directed by an inspector to do so, or defaces or otherwise interferes with a notice displayed under article 4(2); or

(b) he intentionally obstructs an inspector in the exercise of the powers conferred upon him by this Order.

(2) A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.