text:
Title, extent and commencement
1
This Order may be cited as the Plant Health (Forestry) (Great Britain) Order 1989, shall apply to Great Britain and shall come into force on 8th June 1989.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“authorised officer” means–
a
in relation to a certificate, translation or copy issued in Great Britain, an inspector or other officer authorised by the Commissioners, and
b
in relation to a certificate, translation or copy issued in a place other than Great Britain, a representative of the Plant Protection Service of the country in which the certificate, translation or copy was issued;
“the Commissioners” means the Forestry Commissioners;
“ Customs Act ” means the Customs and Excise Management Act 1979 ;
“Directive 77/93/ EEC ” means Council Directive of 21st December 1976 on protective measures against the introduction into the Member States of organisms harmful to trees, wood or bark as amended by the instruments listed in Schedule 6;
“dunnage” means loose wood of any kind used to wedge parts of a cargo to keep them steady;
“the Euro-Mediterranean area” means the geographical area comprising Europe, Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Libya, Malta, Morocco, Syria, Tunisia and Turkey;
“Europe” includes the Canary Islands, but does not include Cyprus, Turkey or the following regions of the Union of Soviet Socialist Republics, namely the Kazakh, Kirghiz, Tadzhik, Turkmen and Uzbek Soviet Socialist Republics and the following regions of the Russian Soviet Federal Socialist Republic, namely the Buryat, Yakut and Tuva Autonomous Soviet Socialist Republics, the Altai, Khabarovsk, Krasnoyarsk and Maritime Krais and the Amur, Chita, Irkutsk, Kamchatka, Kemerovo, Kurgan, Magadan, Novosibirsk, Omsk, Sakhalin, Tomsk and Tyumen Oblasts;
“genetically manipulated material” means material derived from any activity which has involved genetic manipulation and which has resulted or, in the opinion of the Commissioners, is likely to result in the production of a tree pest, or any activity which has involved genetic manipulation of a tree pest, and includes material which contains a tree pest which has been genetically manipulated;
“genetic manipulation” means the formation of new combinations of heritable material by the insertion of nucleic acid molecules, produced by whatever means outside the cell, into any virus, bacterial plasmid or other vector system so as to allow their incorporation into a host organism in which they do not naturally occur but in which they are capable of continued propagation;
“growing medium” means material, intended to sustain the life of plants, which consists wholly or partly of soil or peat (whether used or unused) or of any other solid substance;
“importer” in relation to any tree pest, genetically manipulated material, tree, wood, isolated bark, forestry machinery, soil or growing medium includes–
any person who (whether as owner, consignor or consignee, agent, broker or otherwise) is in possession of or in any way entitled to the custody or control of the tree pest, genetically manipulated material, tree, wood, isolated bark, forestry machinery, soil or growing medium; and
any person by whose action the tree pest, genetically manipulated material, tree, wood, isolated bark, forestry machinery, soil or growing medium is likely to be or has been landed in Great Britain;
“inspector” means any person authorised by the Commissioners to be an inspector for the purposes of this Order;
“isolated bark” means bark which has been removed or become detached from a living, felled or fallen tree or from any part of any such tree;
“landed” includes imported by post and “landing” shall be construed accordingly;
“log” means the trunk of any felled or fallen tree which has been trimmed or any length of such trunk which has been trimmed, or any branch, or any length of such branch, which has been trimmed, severed from a living or felled or fallen tree;
“Member State” means a Member State of the European Community other than the United Kingdom and does not include the Isle of Man or any of the Channel Islands or the French overseas departments, the Canary Islands, Ceuta or Melilla;
“mill certificate” means a certificate duly completed by a representative of a supplier of wood for export (including a wood shipping agent), being a supplier authorised by the Plant Protection Service of the exporting country under arrangements approved by the Commissioners, completed substantially in the form set out in Part III of Schedule 5 or the equivalent written in a language other than English;
“North America” means the geographical area comprising Canada, Mexico and the United States of America (except the state of Hawaii);
“nursery” means any premises wholly or partly used for the cultivation or keeping of trees for the purpose of transplantation or removal to other premises;
“official” in relation to any testing or any other procedure required by this Order to be carried out in respect of any tree, wood, isolated bark, soil or growing medium means carried out by or under the supervision of the Plant Protection Service of the country in which the testing or other procedure is carried out and “officially” shall be construed accordingly;
“phytosanitary certificate” means a certificate duly completed either in the form set out in Part I of Schedule 5 or the equivalent written in a language other than English;
“place of production” means any premises, normally worked as a unit, together with any contiguous uncultivated land;
“premises” includes any land, building, vehicle, vessel, aircraft, hovercraft or freight container;
“reforwarding phytosanitary certificate” means a certificate duly completed either in the form set out in Part II of Schedule 5 or the equivalent written in a language other than English;
“seed” means seed in the botanical sense, other than seed not intended for planting;
“soil” means material wholly or partly derived from the upper layer of the earth’s crust which is capable of sustaining plant life and which contains solid organic substances such as parts of plants, humus, peat or bark, but does not include material composed entirely of unused peat;
“third country” means a country or territory other than a Member State, the United Kingdom, the Isle of Man or any of the Channel Islands;
“tree” means a living forest tree or any living part thereof at any stage of its growth and includes, where the context admits, any growing medium, substance, packing material or container attached thereto or associated therewith, and living part of a tree shall be deemed to include–
branches with or without foliage,
cut trees retaining foliage,
trees in tissue culture,
fruit or seed of a tree;
“tree in tissue culture” means a tree growing in a clear liquid or clear solid aseptic culture medium in a closed transparent container;
“tree pest” means a pathogen, or any living organism, other than a vertebrate animal, in any stage of its existence, which is injurious to any tree or the wood thereof and includes a culture of such pathogen or organism;
“wood” means any log, sawn wood, and any dunnage, pallet, spacer, container or packing material consisting of wood, which retains some or all of its bark or any part of the rounded surface of the tissues immediately below the bark and shall also include wood chips, particles, sawdust, wood waste or scrap.
2
Any reference in this Order to a particular tree pest shall be construed as a reference to that pest in any stage of its existence.
3
Any reference in this Order to a Member State, third country, Great Britain, Northern Ireland, the Channel Islands or the Isle of Man includes reference to a state, province or region within that Member State, third country, Great Britain, Northern Ireland, the Channel Islands or the Isle of Man.
4
Any reference in this Order to a numbered article or a numbered Schedule shall be construed as a reference to the article or Schedule so numbered in this Order.
Prohibition on landing of tree pests, trees, wood, isolated bark etc.
3
The landing in Great Britain of the following is prohibited, namely–
a
any tree pest of a description specified in Schedule 1;
b
any tree, wood, isolated bark, used forestry machinery, soil or growing medium carrying or infected with a tree pest of a description specified in Schedule 1;
c
any tree, wood, isolated bark, used forestry machinery, soil or growing medium of a description specified in column 2 of Schedule 2 which originates in a country (other than Northern Ireland, the Channel Islands or the Isle of Man) specified in column 3 of that Schedule opposite the reference to such tree, wood, isolated bark, used forestry machinery, soil or growing medium;
d
any tree, wood, isolated bark, soil or growing medium of a description specified in column 2 of Schedule 3 unless–
i
the conditions, if any, specified in column 3 of that Schedule opposite the reference to such tree, wood, isolated bark, soil or growing medium are complied with; and
ii
the consignment is accompanied by the certificate or declaration, if any, referred to in column 4 of that Schedule opposite the said reference;
e
any genetically manipulated material;
f
any tree pest not associated with a consignment of trees, wood, isolated bark, used forestry machinery, soil or growing medium (except insofar as any trees, wood, isolated bark, soil or growing medium are necessary to enable such tree pest to be landed or to sustain its life) being a tree pest which is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain.
Prohibition on the keeping etc. of tree pests, trees, wood, isolated bark etc.
4
1
Subject to the provisions of this Order, no person shall without the authority of the Commissioners or an inspector–
a
knowingly keep, sell, plant, release, deliver or otherwise dispose of, or knowingly cause or permit to be kept, sold, planted, released, delivered or otherwise disposed of–
i
any tree pest of a description specified in Schedule 1;
ii
any tree, wood, isolated bark, used forestry machinery, soil or growing medium carrying or infected with a tree pest of a description specified in Schedule 1;
iii
any tree, wood, isolated bark, used forestry machinery, soil or growing medium landed in contravention of article 3(c) or (d);
iv
any genetically manipulated material;
v
any tree pest not associated with trees, wood, isolated bark, used forestry machinery, soil or growing medium (except insofar as any trees, wood, isolated bark, soil or growing medium are necessary to sustain the life of such tree pest) being a tree pest which is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;
b
engage in any activity which involves genetic manipulation of a tree pest or engage in any activity which to his knowledge involves genetically manipulated material.
2
Nothing in paragraph (1)(a) of this article shall prohibit the destruction, or the delivery to an inspector, of any such tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium referred to in that paragraph.
Phytosanitary certificates and mill certificates to accompany imported trees, wood, isolated bark etc.
5
1
Subject to paragraphs (2) and (3) of this article, where by virtue of article 3(d) the landing of any tree, wood, isolated bark, soil or growing medium is prohibited unless that tree, wood, isolated bark, soil or growing medium is accompanied by a phytosanitary certificate or mill certificate, such certificate shall have been issued in the country in which that tree, wood or isolated bark was grown, or that soil or growing medium originated.
2
A phytosanitary certificate or mill certificate which relates to trees, wood, isolated bark, soil or growing medium which are directly consigned to Great Britain from a Member State and are of a description specified in column 2 of Part I or II of Schedule 3 shall have been issued–
a
in the Member State from which they were so consigned, or
b
where the trees, wood, isolated bark, soil or growing medium to which it relates had been consigned from any other country before being consigned from that Member State to Great Britain, in that Member State or in one of the countries from which it had previously been consigned.
3
Where any tree, wood, isolated bark, soil or growing medium following its export from Great Britain is re-imported into Great Britain the phytosanitary certificate shall have been issued in the country from which the tree, wood, isolated bark, soil or growing medium was directly consigned to Great Britain.
Reforwarding phytosanitary certificates for imported trees, wood, isolated bark etc.
6
Where, after a phytosanitary certificate has been issued, the consignment to which that certificate relates has been stored, repacked or split up in a country other than that in which the certificate was issued, that certificate shall be accompanied by a reforwarding phytosanitary certificate issued in that other country.
Exception from the requirement of a phytosanitary certificate or mill certificate
7
The requirements of article 3(d) in respect of the provision of a phytosanitary certificate or mill certificate shall not apply to–
a
any trees or wood not showing any signs of insect or disease attack which are landed in Great Britain in the baggage of a passenger or other traveller and which–
i
are not intended for use in the course of trade or business, and
ii
have been grown in the Euro-Mediterranean area, and
iii
are intended for household use, and
iv
are in one of the following categories, not exceeding the stated quantities–
A
parts of trees including dried cones, leaves and branches for decoration or which together form a single spray, one wreath or one cut coniferous tree less than 3 metres in height,
B
seeds of Castanea (chestnuts), originating in Europe and intended for human consumption, not exceeding 2 kilogrammes,
C
tree seedlings, except in bonsai form, not exceeding 5 in number,
D
pieces of wood without bark, not exceeding 5 in number and not exceeding 1 metre in length; or
b
any trees, wood, isolated bark, soil or growing medium which are directly consigned to Great Britain from Northern Ireland, the Channel Islands or the Isle of Man and which–
i
were grown or originated in any of those places, or
ii
were landed in one of those places from which they were subsequently consigned to Great Britain.
Official statements in respect of imported trees, wood, isolated bark etc.
8
Any official statement required to be made in accordance with column 3 of Schedule 3 in respect of any tree, wood, isolated bark, soil or growing medium shall be deemed to have been made by the issue of a phytosanitary certificate to accompany that tree, wood, isolated bark, soil or growing medium in accordance with this Order.
General provisions relating to certificates
9
1
Where a phytosanitary certificate, reforwarding phytosanitary certificate or mill certificate is issued in a third country in a language other than English it shall incorporate or be accompanied by a translation into the English language, which translation, if it is a document separate from the certificate, shall, except in the case of a mill certificate, be completed and signed by an authorised officer.
2
Subject to paragraph (3) of this article, where a consignment of trees, wood, isolated bark, soil or growing medium has been consigned between two or more countries before being consigned to Great Britain it may be accompanied in the place of any certificate required by this Order by a copy of such certificate issued in the country from which the consignment has been directly consigned to Great Britain and certified as a true copy of the original or a true copy of a certified copy of the original, as the case may be, by an authorised officer.
3
Paragraph (2) of this article shall not apply in the case of a reforwarding phytosanitary certificate issued in the country from which the consignment was directly consigned to Great Britain, in which case the original reforwarding phytosanitary certificate issued in that country shall accompany the consignment.
4
A certificate issued by or on behalf of a state, provincial or other regional or local government authority of part of a country, or by or on behalf of any department, service or other organ of such authority shall not be deemed to be a valid phytosanitary certificate or a valid reforwarding phytosanitary certificate for the purposes of this Order unless such authority is the only one empowered to issue, in relation to such part of the country, phytosanitary certificates or reforwarding phytosanitary certificates to accord with the requirements of this Order.
5
Except in the case of consignments imported into Great Britain by post, any phytosanitary certificate, reforwarding phytosanitary certificate or mill certificate shall be delivered to the proper officer at the same time as, and together with, the entry relating to the consignment. In this paragraph the expression “proper officer” has the like meaning as in the Customs Act and the reference to the entry shall be construed as reference to the entry, delivery of which is to be made in accordance with the provisions of that Act.
6
In the case of a consignment imported into Great Britain by post any phytosanitary certificate, reforwarding phytosanitary certificate or mill certificate shall be affixed to the outside of the package comprising the consignment or, if the consignment consists of more than one package, such certificate shall be affixed to the outside of one of the packages and copies thereof affixed to the outside of each of the remaining packages.
7
All phytosanitary certificates, reforwarding phytosanitary certificates or mill certificates produced when trees, wood, isolated bark, soil or growing medium are landed in Great Britain shall be stamped or otherwise endorsed by an officer of Customs and Excise showing the date on which the consignment of trees, wood, isolated bark, soil or growing medium is cleared from Customs charge.
Period during which inspections are to be made and certificates issued
10
1
Except for an official inspection which is required to be carried out for the purposes of making an official statement in accordance with a condition referred to in column 3 of Schedule 3, an inspection carried out for the purposes of issuing a phytosanitary certificate or a reforwarding phytosanitary certificate shall be carried out not more than 14 days before the date of the despatch of the consignment to which the inspection relates.
2
A phytosanitary certificate or a reforwarding phytosanitary certificate shall not be valid for the purposes of this Order unless it is completed and signed by an authorised officer not more than 14 days before the date of the despatch of the consignment which it is to accompany and after the carrying out of any inspection referred to in paragraph (1) of this article which relates to that consignment.
Export of trees, wood etc. to Member States
11
1
Subject to paragraph (6) of this article, no person shall export from Great Britain to a Member State any consignment of trees, wood, isolated bark, soil or growing medium of a description specified in column 2 of Part I of Schedule 4 unless the consignment is accompanied by–
a
a phytosanitary certificate issued by an authorised officer; or
b
in the case of a consignment to which this sub-paragraph applies (and without prejudice to paragraph (4) of this article), a reforwarding phytosanitary certificate issued by an authorised officer.
2
No phytosanitary certificate shall be issued for the purposes of paragraph (1)(a) of this article unless the entire consignment or a representative sample taken from it or its packaging and, where necessary, the vehicle in which it is carried has been examined by an inspector in order to ensure that the consignment complies with such requirements of the Member State concerned as are adopted in accordance with the provisions of Directive 77/93/EEC .
3
Paragraph (1)(b) of this article applies to a consignment which–
a
is imported from a Member State or a third country;
b
is to be re-exported to a Member State; and
c
when imported, was accompanied by a phytosanitary certificate.
4
No person shall export from Great Britain any consignment of trees, wood or isolated bark which–
a
is of a description specified in column 2 of Part II of Schedule 4; and
b
originated in another Member State or a third country
to a Member State listed in column 3 of Part II of Schedule 4 opposite the reference to such tree, wood or isolated bark unless the consignment is accompanied by a phytosanitary certificate issued in the country of origin or by a certified copy of that certificate.
5
Applications for phytosanitary certificates or reforwarding phytosanitary certificates shall be made to the Commissioners in such form and manner, and giving such information, as they may require.
6
Paragraph (1) of this article shall not apply to the export from Great Britain of–
a
wood of Coniferae which has been kiln-dried in accordance with the conditions specified in paragraph (2) of column 3 of item 1 in Part II of Schedule 3 provided it is accompanied by a declaration in the form laid down in column 4 thereof; or
b
any consignment of trees, wood, isolated bark, soil or growing medium which is imported from a Member State or third country and re-exported to a Member State without being stored, repacked or split up in Great Britain.
Notification of the presence or suspected presence of certain tree pests
12
1
The occupier or other person in charge of premises who knows or suspects that any tree pest to which this article applies or any genetically manipulated material is present on the premises or any other person who, in the course of his duties or business, becomes aware or suspicious of the presence of such tree pest or genetically manipulated material on any premises, shall immediately give notice to the Commissioners or an inspector of the presence or suspected presence of such tree pest or genetically manipulated material and shall as soon as reasonably practicable after giving such notice confirm it in writing.
2
This article applies to any tree pest–
a
which is of a description specified in Schedule 1;
b
which is mentioned in column 3 of Part II of Schedule 3; or
c
which is not normally present in Great Britain and is likely to be injurious to trees in Great Britain.
Notification of the likely entry into, or presence in, a free zone of tree pests, trees, wood, isolated bark etc.
13
1
The responsible authority for a free zone who knows or suspects that any of the things to which this article applies is likely to enter, or is present in, such free zone, shall immediately give notice of that fact to the Commissioners or an inspector and shall as soon as reasonably practicable after giving such notice confirm it in writing.
2
This article applies to any–
a
wood;
b
isolated bark;
c
trees, other than seeds;
d
seeds of Castanea and Quercus ;
e
cut trees;
f
tree pests;
g
genetically manipulated material;
h
used forestry machinery;
i
soil and growing medium
which have been, or are likely to be, landed in Great Britain, and have not been cleared from Customs charge.
3
In this article “the responsible authority” and “free zone” have the same meaning as in the Customs Act .
Actions which may be taken by an inspector
14
1
Without prejudice to article 15, if an inspector has reasonable grounds for suspecting that any tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium is likely to be, or has been, landed in Great Britain in contravention of this Order he may by notice in writing served on the importer or any person in charge of the vessel, aircraft, vehicle, hovercraft or freight container from which any tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil, or growing medium is likely to be or has been landed–
a
prohibit the landing;
b
specify the manner in which the landing is to be carried out and the precautions which are to be taken during and subsequent to the landing;
c
require the tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium to be treated, re-exported, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;
d
prohibit the removal of the tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium from premises specified in the notice;
e
require the removal of the tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium to premises specified in the notice in such manner and within such reasonable time as may be so specified;
f
require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the introduction or spread of any tree pest or genetically manipulated material in such manner and within such reasonable time as may be specified in the notice.
2
If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises–
a
a tree pest of a description specified in Schedule 1;
b
any tree pest which is not normally present in Great Britain and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Great Britain;
c
any tree, wood, isolated bark, used forestry machinery, soil or growing medium which is carrying or is infected with, or which may be carrying or infected with, a tree pest mentioned in sub-paragraph (a) or (b) of this paragraph;
d
any genetically manipulated material
he may by notice in writing served on the occupier or other person in charge of the premises or of any of the things mentioned in sub-paragraphs (a) to (d) of this paragraph–
i
require any of the things so mentioned to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;
ii
prohibit the removal of those things from premises specified in the notice or impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of any tree pest or genetically manipulated material;
iii
require the removal of those things to premises specified in the notice in such manner and within such reasonable time as may be so specified;
iv
require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the spread of any tree pest or genetically manipulated material in such manner and within such reasonable time as may be specified in the notice.
3
If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of any tree pest or genetically manipulated material from the premises mentioned in paragraph (2) of this article he may by notice in writing served on the occupier or other person in charge of any other premises impose such prohibitions and require the taking of such reasonable steps, specified in the notice, as appear to him to be necessary for that purpose, such steps to be taken in such manner and in such reasonable time as may be specified in the notice.
4
Any notice served under paragraph (2) of this article may define by reference to a map or plan or otherwise the extent of the premises declared in the notice to be infected, as the case may be.
Further actions which may be taken by an inspector
15
1
Without prejudice to the provisions of article 14, and subject to article 20, if an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises–
a
a tree pest of a description specified in Schedule 1;
b
any tree pest not normally present in Great Britain and in respect of which there is in the opinion of an inspector an imminent danger of its spreading or being spread in Great Britain;
c
any tree, wood, isolated bark, used forestry machinery, soil or growing medium, which is carrying or infected with, or which may be carrying or infected with, a tree pest referred to in sub-paragraph (a) or (b) of this article;
d
any genetically manipulated material
he may after giving the occupier or other person in charge of the premises reasonable notice of his intention and upon production if so required of his authority enter such premises and either on those premises or elsewhere take steps–
i
to destroy or treat in some other way any tree, wood, isolated bark, used forestry machinery, soil or growing medium referred to in sub-paragraph (c) of this article;
ii
to destroy any tree pest or genetically manipulated material referred to in sub-paragraphs (a), (b) or (d) of this article and to prevent the spread of any such tree pest or genetically manipulated material.
2
An inspector on entering any premises under paragraph (1) of this article may take with him such other persons acting on his instructions, equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under that paragraph, and such other persons whether or not accompanied by the inspector, upon production if so required of their authority given in that behalf by the Commissioners or an inspector, may remain on the land and from time to time re-enter with such equipment and vehicles as aforesaid, and carry out such work for the purposes aforesaid and in such manner as the inspector may direct.
Miscellaneous provisions as to notices
16
1
A notice served under paragraph (1) or (2) of article 14 may specify one or more requirements or alternative requirements.
2
A notice served under paragraph 1(c) or (2)(i) of article 14 requiring any tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium to be treated, re-exported, destroyed or otherwise disposed of may contain provisions deferring the treatment, re-exportation, destruction or disposal for such period and subject to such conditions, if any, as may be specified in the notice.
3
Where the treatment, re-exportation, destruction or disposal of any tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium has been deferred under paragraph (2) of this article, the person on whom the notice is served shall be permitted, within the period specified in the notice, to treat, re-export, destroy or dispose of the tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium. If the person on whom the notice is served fails to treat, re-export, destroy or dispose of the tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium within the period specified in the notice to the satisfaction of an inspector, the treatment, re-exportation, destruction or disposal required by the notice shall be carried out by that person within two days following the expiry of the period specified in the notice or within such shorter or longer period as may be specified in writing by an inspector.
4
Any treatment, re-exportation, destruction or disposal required by a notice served under article 14 shall be carried out by the person on whom the notice is served to the satisfaction of an inspector from or at a place designated by an inspector and, except with the written authority of an inspector or any other officer of the Commissioners, none of the tree pests, genetically manipulated material, trees, wood, isolated bark, used forestry machinery, soil or growing medium shall be moved otherwise than directly from or to such a place.
5
An inspector may amend or withdraw a notice served by an inspector under this Order, or having effect as if so served, by a further notice served on the person on whom the original notice was served or on the person who is the occupier or in charge of the premises in respect of which the further notice is intended to be served. The amendment or withdrawal of a notice may be subject to such conditions, if any, as the inspector considers expedient to impose for the purpose of preventing the introduction or spread of any tree pest or re-infection with the tree pest to which the original notice relates.
6
a
A notice under this Order may be served on any person either–
i
by delivering it to him personally; or
ii
by leaving it for him at his last known place of abode or business; or
iii
by sending it through the post addressed to him at his last known place of abode or business.
b
Such notice may–
i
in the case of a body corporate, be served on the secretary or clerk of that body at the address of the registered or principal office of that body;
ii
in the case of a partnership, be served on a partner or person having the control or management of the partnership business or, in Scotland, the firm at the principal office of the partnership.
Examination, sampling and marking
17
1
Subject to article 20, an inspector may, on production if so required of his authority–
a
at all reasonable times for the purpose of ascertaining whether any tree pest of a description specified in Schedule 1, or a tree pest which is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain, exists on any premises, or for any other purpose of this Order, enter any premises and photograph, examine and mark any part of the premises or any objects on the premises and examine, take samples of and mark any tree pests, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium and any container, bundle or other package which has been or may have been in contact therewith;
b
for the purposes of the examinations referred to in sub-paragraph (a) of this paragraph, open, authorise any person to open on his behalf or require the importer or any person in charge of any such container, bundle or other package to open, in such manner as the inspector may specify, that container or other package;
c
if and so far as is necessary for the purposes of the examinations referred to in sub-paragraph (a) of this paragraph prohibit entirely or to such extent as he may indicate the movement of any tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium, container, bundle, other package or of any material or object by means of which in his opinion a tree pest may spread.
2
An inspector on entering any premises under paragraph (1) of this article may take with him such other persons acting on his instructions, equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under that paragraph, and such other persons whether or not accompanied by the inspector, upon production if so required of their authority given in that behalf by the Commissioners or an inspector, may remain on the land and from time to time re-enter with such equipment and vehicles as aforesaid, and carry out such work for the purposes aforesaid and in such manner as the inspector may direct.
Information as to compliance with notices
18
1
The person on whom a notice has been served under this Order or under an Order revoked by this Order shall, if so required by an inspector, immediately inform the inspector whether the requirements of the notice have been complied with and, if they have been complied with, of the details of the steps taken in order to comply with those requirements.
2
Any information given under this article shall not be used as evidence against the person giving the information in any prosecution, except in respect of an alleged failure to comply with this article.
Failure to comply with a notice
19
1
Subject to article 20, if any person fails to comply with the requirements of a notice served or having effect as if served under this Order then, without prejudice to any proceedings consequent upon such failure, an inspector may, on production if so required of his authority, at all reasonable times for the purposes of this Order enter any premises in which any tree pests, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium to which the notice relates may be present and take or cause to be taken such steps as appear to him to be necessary either to ensure compliance with the requirements of the notice or to remedy the consequences of the failure to carry them out and all reasonable costs of taking such steps shall be recoverable by the Commissioners as a civil debt from the person on whom the notice was served.
2
An inspector entering any premises under paragraph (1) of this article may take with him such persons, equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under that paragraph, and such other persons whether or not accompanied by the inspector, upon production if so required of their authority given in that behalf by the Commissioners or an inspector, may remain on the land and from time to time re-enter with such equipment and vehicles as aforesaid, and carry out such work for the purposes aforesaid and in such manner as the inspector may direct.
Power to enter premises used wholly or mainly as a dwelling
20
1
The power to enter premises conferred by articles 15, 17 and 19 of this Order may be exercised by an inspector to enter premises used wholly or mainly as a dwelling only if he has been granted a warrant by–
a
in England and Wales, a justice of the peace; or
b
in Scotland, a sheriff or a justice of the peace.
2
A justice of the peace or sheriff may grant a warrant under paragraph (1) of this article only if he is satisfied–
a
that admission to any premises 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 under article 15, 17 or 19, as the case may be.
3
A warrant granted under paragraph (1) of this article 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.
Licences
21
Notwithstanding the provisions of this Order, any tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium may be landed, kept, released, delivered, sold, planted or otherwise disposed of in Great Britain and any other thing prohibited by this Order may be done under the authority of a licence, whether general or specific, granted by the Commissioners and in accordance with the conditions of that licence.
Powers of an officer of Customs and Excise
22
1
An inspector may request an officer of Customs and Excise (either orally or in writing) to prohibit the removal of any tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium which has not been cleared from Customs charge until it has been examined by an inspector and such request may identify the tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium in any way. A request made orally under this paragraph shall be confirmed in writing.
2
Where a request has been made under paragraph (1) of this article, the officer of Customs and Excise shall, by notice in writing served upon the importer, require that, until the tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium has been examined by an inspector, it shall not be removed from the place specified in the notice and he shall at the same time inform an inspector of the contents of the notice.
3
An inspector shall, without undue delay, examine any tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium in respect of which a notice has been served by an officer of Customs and Excise under this article and shall advise that officer in writing of the terms of any notice issued and of any other action taken by the inspector in accordance with this Order.
4
Where an officer of Customs and Excise has served a notice under paragraph (2) of this article prohibiting removal of any tree pest, genetically manipulated material, tree, wood, isolated bark, used forestry machinery, soil or growing medium, nothing to which the notice relates shall be removed by any person except with the written authority of either the said officer or an inspector.
Information to be given
23
1
Any person who–
a
is the owner or occupier or other person in charge of premises in respect of which a notice has been served under this Order;
b
has or has had or is reasonably suspected by an inspector or any other officer of the Commissioners to have or have had in his possession or under his charge–
i
any tree pest which is of a description specified in Schedule 1, or
ii
any tree pest which is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain, or
iii
any tree, wood, isolated bark, used forestry machinery, soil or growing medium carrying or infected with a tree pest mentioned in paragraph (1)(b)(i) or (ii) of this article, or
iv
any tree, wood, isolated bark, used forestry machinery, soil or growing medium which an inspector or any other officer of the Commissioners knows to have been landed or suspects has been landed in, or exported from, Great Britain, or
v
any genetically manipulated material; or
c
as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of any of the things mentioned in sub-paragraph (b) of this article
shall, if so required by an inspector or any other officer of the Commissioners by notice in writing, give to the said inspector or officer within such reasonable time as may be specified in that notice, any information he may possess as to trees grown or products stored at any time on the premises mentioned in sub-paragraph (a) of this article, as to any of the things mentioned in sub-paragraph (b) of this article and as to the persons who have or have had or are likely to have or have had any of the last mentioned things in their possession or under their charge, and shall produce for examination by an inspector or other officer, any licences, declarations, certificates, records, invoices or other documents relating to such things.
2
Any information given under this article shall not be used as evidence against the person giving the information in any prosecution, except in respect of an alleged failure to comply with this article.
Offences
24
1
Subject to paragraph (4) of this article, no person shall contravene, or fail to comply with, a provision of this Order or a provision or condition of a notice served or having effect as if served or a licence granted or having effect as if granted in accordance with the provisions of this Order.
2
No person shall for the purpose of procuring the issue of a phytosanitary certificate or a reforwarding phytosanitary certificate under article 11 or a licence under article 21–
a
make a statement which he knows to be false in a material particular;
b
recklessly make a statement which is false in a material particular; or
c
intentionally fail to disclose any material particular.
3
No person shall intentionally obstruct an inspector or any person authorised by an inspector in the exercise of his powers given by or under this Order.
4
Paragraph (1) of this article shall not apply to the landing in Great Britain of articles of any description in contravention of a prohibition imposed by or under this Order.
25
A person shall be guilty of an offence who, without reasonable excuse, proof of which shall lie on him, contravenes or fails to comply with any provision of article 24 and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
The Customs Act
26
The provisions of this Order shall apply without prejudice to the Customs Act.
Amendment to the Restriction on Movement of Spruce Wood Order 1982
27
The Restriction on Movement of Spruce Wood Order 1982 is further amended by substituting–
a
in article 2 (interpretation) for the definitions of “inspector” and “the 1980 Order” the following definitions–
“inspector” means a person authorised by the Commissioners to act on their behalf for the purposes of this Order and in article 3(2)(a) of this Order includes an inspector as defined in the 1989 Order
;
“the 1989 Order” means the Plant Health (Forestry) (Great Britain) Order 1989
;
b
for paragraph (2) of article 3 (restriction on movement of spruce wood) the following paragraph–
2
The restriction on movement imposed by paragraph (1) of this article shall not apply to the movement of any spruce wood–
a
by or under the instructions of an inspector pursuant to article 4(3) of this Order or article 4 of the 1989 Order;
b
in compliance with a notice served pursuant to article 4(2)(a) of this Order or article 14(2) of the 1989 Order;
c
under and in accordance with the terms of a licence granted by–
i
an inspector under this Order;
ii
the Commissioners under article 21 of the 1989 Order.
Revocation of previous Orders
28
The Orders specified in Schedule 7 are hereby revoked.
In Witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 4th May 1989.
P. J. Clarke
Secretary to the Forestry Commissioners


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Commencement No. 1) Order 1989.
2
In this Order“the 1989 Act ” means the Prevention of Terrorism (Temporary Provisions) Act 1989.
3
This Order extends to the whole of the United Kingdom except that–
a
in so far as this Order brings into force paragraphs 8 and 9 of Schedule 4 to the 1989 Act, this Order extends only to England and Wales;
b
in so far as this Order brings into force paragraphs 18 and 19 of Schedule 4 to the 1989 Act, this Order extends only to Scotland; and
c
in so far as this Order brings into force paragraphs 28 and 29 of Schedule 4 to the 1989 Act, this Order extends only to Northern Ireland.
2
Schedule 3 to the 1989 Act shall come into force on 1st September 1989 for the purposes of its application in the case of a person–
a
detained under section 14 of, or paragraph 7 of Schedule 2 or paragraph 6 of Schedule 5 to, the 1989 Act, or
b
given a notice under paragraph 2(4) of Schedule 5 to that Act but not detained under paragraph 6 of that Schedule,
where the detention begins or the notice is given at any time after 31st August 1989.
3
Paragraphs 8, 9, 18, 19, 28 and 29 of Schedule 4 to the 1989 Act shall come into force on 1st September 1989.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
3rd August 1989


text:
Title and commencement
1
This Order may be cited as the Export of Sheep (Prohibition) (No. 2) Amendment No. 2 Order 1989 and shall come into force on 17th April 1989.
Amendment of the Export of Sheep (Prohibition) (No. 2) Order 1987
2
The Export of Sheep (Prohibition) (No. 2) Order 1987 is hereby amended by substituting for article 2(4)(b) the following sub-paragraph–
b
any sheep which was marked, as a condition of the granting of a consent under section 2(1) of that Act to its removal from a designated area–
i
with an apricot mark, in the case of a consent given on or before 31st July 1988; or
ii
with a green mark, in the case of a consent given on or before 2nd October 1988; or
iii
with a blue mark, in the case of a consent given on or before 8th January 1989.
.
Revocation
3
The Export of Sheep (Prohibition) (No. 2) Amendment Order 1989 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th April 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food


text:
1
This Order may be cited as the Recreation Grounds (Revocation of Parish Council Byelaws) Order 1989 and shall come into force on 30th March 1989.
2
The byelaws mentioned in the first column of the Schedule to this Order, made with respect to the recreation grounds and other areas named or described in the second column of that Schedule, are hereby revoked.
Home Office
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
17th February 1989


text:
Citation and commencement
1
1
This Order may be cited as the Welsh Water Authority (North Wales Hospital, Denbigh, Waterworks) Order 1989 and shall come into force on 31st August 1989.
2
This Order shall be included among the enactments which may be cited together as the Welsh Water Authority Orders 1976 to 1989.
Interpretation
2
In this Order:–
“the Act of 1896 ” means the North Wales Counties Lunatic Asylum (Water Supply) Act 1896 ;
“ the Authority ” means the Welsh Water Authority;
“the day of transfer ” means the day after that upon which this Order comes into force;
“the deposited plan ” means the plan prepared in duplicate signed by an Assistant Secretary in the Welsh Office and marked“Plan referred to in the Welsh Water Authority (North Wales Hospital, Denbigh, Waterworks) Order 1989” one duplicate of which is deposited and available for inspection at the offices of the Authority at Cambrian Way, Brecon and the other at the Welsh Office, Cathays Park, Cardiff;
“the transferred undertaking ” means the water undertaking of the Clwyd Area Health Authority vested in the Secretary of State for Wales, as described in Schedule 1 to this Order;
“ the undertaking ” means the water undertaking of the Authority as for the time being authorised by any enactment.
Transfer of North Wales Hospital Undertaking
3
The transferred undertaking shall on the day of transfer by virtue of this Order be transferred to and vest in the Authority and shall become part of the undertaking.
Power to continue and maintain works and to take waters
4
As from the day of transfer, the Authority may:–
a
continue and maintain the transferred undertaking;
b
take any water which may be taken or intercepted by any works forming part of the transferred undertaking.
Continuation of Supplies
5
1
As from the day of transfer the Authority shall continue to make supplies of water available to all those premises supplied from the transferred undertaking immediately prior to that date in the manner provided by paragraph (2) below.
2
a
The Authority shall continue to supply those premises receiving treated potable water on the day immediately prior to the day of transfer with water of a quality and in a quantity no less favourable than at the first-mentioned day.
b
The Authority shall continue to supply those premises receiving untreated non-potable water immediately prior to the day of transfer with such water.
3
If the Authority construct such works as shall enable them to make a treated potable supply available to those premises which, prior to the day of transfer received untreated non-potable supplies, the Authority may cease to make such untreated non-potable supplies available to any of those premises as from the commencement of the supply to them of treated potable water.
4
As from the day of transfer the Authority shall ensure that the North Wales Hospital will be supplied with potable water from a system that includes reservoir storage equivalent to at least 48 hours demand by the Hospital.
Application of byelaws
6
As from the day of transfer all water installations of the transferred undertaking shall be subject to the water byelaws then in force under section 17 of the Act of 1945.
Repeal and amendment of the Act of 1896
7
1
On the day of transfer sections, 7, 8, 14, 17, 19 and 21 of the Act of 1896 shall be repealed and section 16 shall no longer apply to the transferred undertaking.
2
As from the day of transfer the remaining provisions of the Act of 1896 shall, in relation to the continued operation of the transferred undertaking, have effect as if for the expression“the Committee” there were substituted the expression“the Welsh Water Authority”.
Charges
8
1
As from the day of transfer, and notwithstanding anything in any agreement in force on that date made between the Secretary of State and any consumer, but subject to the provisions of this Order, the Authority shall make charges for all water supplied from the transferred undertaking in accordance with the Authority’s scheme of charges for the time being in force.
2
The application of the Authority’s scheme of charges to domestic consumers supplied from the transferred undertaking shall be phased in accordance with the provisions of Schedule 2 to this Order.
Saving of agreements, etc.
9
Subject to the provisions of this Order all sales, conveyances, grants, assurances, deeds, contracts (other than contracts the benefits of, and the liabilities under, which are not transferred by this Order), bonds, agreements, notices and demands affecting the transferred undertaking and in force immediately before the day of transfer shall on and from that day be as binding and of as full force and effect in every respect and may be enforced as fully and effectively against or in favour of the Authority as if instead of the Secretary of State or the Clwyd Area Health Authority the Authority had been a party thereto or bound thereby or entitled to the benefits thereof.
Books to remain evidence
10
All books and documents which, if this Order had not been made, would have been evidence in respect of any matter for or against the Secretary of State or the Clwyd Area Health Authority shall, in so far as they relate to the transferred undertaking, be admissable in evidence on and after the day of transfer in respect of the same matter for or against the Authority.
Inspection of Documents, etc.
11
For the purpose of enabling the Authority and the Secretary of State to discharge their functions under the Order–
a
the Authority before the day of transfer and thereafter the Secretary of State shall be entitled to have access to and take copies of all registers, books, maps, plans, specifications, engineering reports and other documents comprised in the transferred undertaking; and
b
the Authority shall be entitled at any time to have access to and to take copies of all registers, books, maps, plans, specifications, engineering reports and other documents not comprised in, but which relate to, the transferred undertaking.
Arbitration
12
Subject to the provisions of this Order, any dispute arising in connection with the provisions of this Order between the Authority and the Secretary of State shall be determined by the arbitration of a single arbitrator to be agreed upon between the parties or, failing agreement, appointed on the application of either party to that dispute, after notice in writing to the other, by the President of the Institution of Civil Engineers.
Signed by authority of the Secretary of State.
Alwyn H. H. Jones
An Assistant Secretary Welsh Office
31st August 1989


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for the purposes of through traffic.
4
In this Order–
i
“the deposited plan” means the plan numbered HA10/EM46 marked “The (A453) North East of Birmingham– Nottingham Trunk Road (Diversion at Long Hedge Lane) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order;
iii
“the Trunk Road” means the (A453) North East of Birmingham–Nottingham Trunk Road.
5
This Order shall come into force on 3rd March 1989 and may be cited as the (A453) North East of Birmingham–Nottingham Trunk Road (Diversion at Long Hedge Lane) Order 1988.
Signed by authority of the Secretary of State
P. M. Hewitt
Regional Director East Midlands Region
Department of Transport
14th February 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 1989 and shall come into force on 20th April 1989.
2
In these Regulations, unless the context otherwise requires–
“approval” unless otherwise stated includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the Health and Safety at Work etc. Act 1974;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to–
mines and quarries within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969 ,
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” and “original authority” do not include an amendment of an approval or an amendment of an authority;
“renewal of approval” or “renewal of licence” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time;
“respiratory protective equipment” includes any respirator and any breathing apparatus.
3
Unless the context otherwise requires, any reference in these Regulations to–
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) for each description of plant, apparatus, substance and in any other case set out in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in columns 2, 3 and 4 of that Part.
3
Where the Executive requires testing to be carried out by its staff to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for the approval as described below–
a
in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be determined under Part III of Schedule 1.
Fees payable in respect of approval of respiratory protective equipment, blasting helmets and automatic safe loading indicators
3
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval–
a
of respiratory protective equipment–
i
under the Factories Act 1961 , or any regulations made or having effect as if made under that Act,
ii
under the Control of Lead at Work Regulations 1980 ,
iii
under the Ionising Radiations Regulations 1985
iv
under the Control of Asbestos at Work Regulations 1987 ;
b
of blasting helmets under the Factories Act 1961, or any regulations made or having effect as if made under that Act; and
c
of automatic safe load indicators under the Construction (Lifting Operations) Regulations 1961 , and the Shipbuilding and Ship-Repairing Regulations 1960 .
2
The fee payable for approval of each item of each subject matter described in column 1 of Part I of Schedule 2 shall be that specified in the corresponding entry in column 2 of that Part.
3
Where the Executive requires testing to be carried out by its staff to determine whether approval of any item of equipment specified in column 1 of Part II of Schedule 2 can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for approval and the fee shall be that specified in the corresponding entry in column 2 of that Part.
Fees payable under the Agriculture (Tractor Cabs) Regulations 1974 and the Poisonous Substances in Agriculture Regulations 1984
4
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of plant and equipment under–
a
the Agriculture (Tractor Cabs) Regulations 1974 ; and
b
the Poisonous Substances in Agriculture Regulations 1984 .
2
The fee payable for the approval of each subject matter described in column 1 of Part I of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Part.
3
Where the Executive requires testing to be carried out by its staff to determine whether approval of respiratory protective equipment can be granted under the Poisonous Substances in Agricuture Regulations 1984, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for approval, and the fee shall be that specified in column 2 of Part II of Schedule 3.
Fee payable under the Freight Containers (Safety Convention) Regulations 1984
5
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable for the approval described in column 1 of Schedule 4 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees payable for a licence under the Asbestos (Licensing) Regulations 1983
6
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983 .
2
The fee payable for licence of each subject matter described in column 1 of Schedule 5 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees payable for examination by an employment medical adviser
7
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of a medical examination of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.
2
The fee payable under paragraph (1) shall be a basic fee for each examination together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6–
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 1987, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 1980
8
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 1980 .
2
The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985
9
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an approval of dosimetry services and for the annual reassessment of an approval of dosimetry services previously granted for the purposes of the Ionising Radiation Regulations 1985 .
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of a radiation generator or an apparatus containing a radioactive substance.
3
The fee payable for approval or type approval in respect of each matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 2 of that Schedule, and the fee for annual reassessment of such approval in respect of each such matter shall be that specified in column 3 of that Schedule.
Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936 and under the Gas Cylinders (Conveyance) Regulations 1931
10
1
Where any application in relation to a provision specified in column 1 of Part I of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Health and Safety Executive.
2
The fee or maximum fee payable under each provision specified in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
3
A fee shall be payable by the applicant to the Executive on each application being made for each purpose specified in column 1 of Parts III, IV , V and VI of Schedule 9, and the fee for each such purpose shall be that specified in the corresponding entry in column 2 of those Parts.
4
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VII of Schedule 9, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Part for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to the granting of the application.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
11
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations, irrespective of the date of the application for that licence, transfer or renewal.
Fees for testing in connection with application under the Classification and Labelling of Explosives Regulations 1983
12
A fee shall be payable to the Health and Safety Executive by the applicant if any testing is carried out by or on behalf of the Executive with the agreement of the applicant in connection with any purpose specified in column 1 of Schedule 10, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Schedule for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to the granting of the application.
Fees for explosive licences under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
13
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations .
2
The fee for each item specified in column 1 of Schedule 11 shall be that specified in the corresponding entry in column 2 of that Schedule.
Calculation of hours worked
14
In calculating the number of hours worked for the purpose of determining the amount of a fee payable under regulation 3(2), 4(3), 10(4), 12 or 13(2) no account shall be taken of any typing, messenger or ancillary work (for which no further charge shall be payable).
Revocations
15
The Health and Safety (Fees) Regulations 1988 are hereby revoked.
Northern Ireland
16
These Regulations shall not apply to Northern Ireland.
Signed by order of the Secretary of State.
Patrick Nicholls
Parlimentary Under Secretary of State,
Department of Employment
13th March 1989


text:
1
This Order may be cited as the Protection of Wrecks (Designation No. 1 Order 1979) (Amendment) Order 1989 and shall come into force on 26th October 1989.
2
The Protection of Wrecks (Designation No. 1) Order 1979 shall be amended as follows:–
1
in Article 2(1) and (2) for the words “Latitude 52°46'41" North, Longitude 04°07'24" West” there shall be substituted the words “Latitude 52°46.73' North, Longitude 04°07.53' West”; and
2
in Article 2(2) for the words “150 metres” there shall be substituted the words “300 metres”.
Signed by authority of the Secretary of State
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
28th September 1989


text:
Citation and commencement
1
1
This Order may be cited as the Blyth Harbour Revision Order 1989 and shall come into force on 18th May 1989.
2
The Blyth Harbour Acts and Orders 1858 to 1986 and this Order may be cited as the Blyth Harbour Acts and Orders 1858 to 1989.
Interpretation
2
In this Order–
“the Commissioners” means the Blyth Harbour Commissioners;
“footpath” has the same meaning as in the Highways Act 1980 ;
“the operative date” means, subject to article 3 below, the date fixed by the Commissioners for the extinguishment of the rights of way referred to in article 4(1) below and the creation of the alternative rights of way referred to in article 4(2) below;
“signed plan” means the plan signed in triplicate by an Under Secretary in the Department of Transport, two copies of which have been deposited at the offices of that Department and one copy at the offices of the Commissioners at Blyth, Northumberland, NE24 2AW.
Publication of operative date and effect of Order
3
The Commissioners shall publish in a newspaper circulating in the town of Blyth a notice–
a
specifying the day fixed by them as the operative date; and
b
setting out the effect of this Order;
and the day so fixed shall not be earlier than the end of the period of 21 days beginning with the date of publication of the notice.
Extinguishment of public rights of way at Beach Road and creation of alternative public footpaths
4
1
On the operative date all public rights of way on the land marked in red on the signed plan shall be extinguished and the Commissioners may deal with that land as they see fit for the purposes of their undertaking.
2
The path marked in green on the signed plan and the path hatched brown on that plan shall be deemed to have been dedicated as footpaths by the Commissioners on the operative date.
Signed by authority of the Secretary of State
J. D. Noulton
An Under Secretary in the
Department of Transport
17th May 1989


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Central Rating Lists Regulations 1989 and shall come into force on 28th December 1989.
2
In these Regulations–
“designated person” means any person designated by regulation 2;
any reference to a hereditament is to a non-domestic hereditament;
any reference to a company by name is a reference to the company registered by or bearing that name at the date of these Regulations; and
any term used in the Schedule or Part of the Schedule has the meaning ascribed in that Schedule or Part.
Designation of persons and description of hereditaments
2
1
For the purposes of section 53(1) of the Local Government Finance Act 1988–
a
there are hereby designated the persons named in the Schedule, and
b
there are hereby prescribed in relation to each such person such a description of relevant hereditaments as is set out opposite the name of that person.
2
Regulation 6 (cross-boundary hereditaments) of the Non-Domestic Rating (Miscellaneous Provisions) Regulations 1989 shall not apply to any hereditament falling within any description in the Schedule.
Content of central rating lists
3
1
The central non-domestic rating list for England must show, for each day in each year for which that list is in force–
a
the name of each person designated by regulation 2 and named in the Schedule, and
b
against that name, each hereditament situated in England which on the day concerned is occupied (or, if unoccupied, owned) by that person, and which falls within any description prescribed in relation to that person by that regulation.
2
The central non-domestic rating list for Wales must show, for each day in each year for which that list is in force–
a
the name of each person designated by regulation 2 and named in Part 1, 3, or 5 of the Schedule, or under the heading I of Part 2, 4, 6 or 7 and
b
against that name, each hereditament situated in Wales which on the day concerned is occupied (or, if unoccupied, owned) by that person, and which falls within any description prescribed in relation to that person by that regulation.
4
1
Each central list shall also show, against the name of each designated person–
a
where the person is a registered company, its registered office, and in any other case the person’s principal place of business within the United Kingdom;
b
where the person is a registered company, its registered number;
c
the first day, if later than 1st April 1990, for which the rateable value shown in the list against the name of the designated person had effect.
2
Each central list shall also show–
a
where the list has been altered in pursuance of a direction by a tribunal, the name of the tribunal which gave the direction;
b
the total of the rateable values shown in the list in accordance with section 53(3) of the Local Government Finance Act 1988.
Chris Patten
Secretary of State for the Environment
1st December 1989
Peter Walker
Secretary of State for Wales
3rd December 1989


text:
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy (No. 2) (Amendment) Order 1989 and shall come into force on 31st December 1989.
Amendment
2
Paragraph (4) of article 8 of the Bovine Spongiform Encephalopathy (No. 2) Order 1988 (which provides that the prohibition of the sale, supply and use of certain feedingstuffs for feeding to ruminating animals shall cease to have effect on 1st January 1990) shall be omitted.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
7th December 1989
Peter Walker
Secretary of State for Wales
8th December 1989


text:
Citation and commencement
1
This Order may be cited as the Home Loss Payments Order 1989 and shall come into force on 16th January 1989.
2
Subject to article 3 below, for the purposes of section 30(1) of the Land Compensation Act 1973 (amount of home loss payment in England and Wales)–
a
the prescribed multiplier is 10;
b
the prescribed minimum amount of a home loss payment is £1200.
3
Article 2 above does not apply in any case in which the date of displacement, within the meaning of section 29 of the 1973 Act, occurs before the date on which this Order comes into force.
Nicholas Ridley
Secretary of State for the Environment
11th January 1989
Peter Walker
Secretary of State for Wales
11th January 1989


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Anglerfish (Specified Sea Areas) (Prohibition of Fishing) Order 1989, shall come into force on 28th December 1989.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea( ) described in the Schedule hereto.
Prohibition and exception
2
1
Subject to paragraph (2) of this article, fishing for anglerfish (Lophius spp) —
a
within any part of a sea area by any British fishing boat registered in the United Kingdom or the Isle of Man; or
b
within any part of a sea area which lies inside British fishery limits by any other British fishing boat,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1990.
2
The prohibition in paragraph (1)(a) above shall not apply to fishing within that part of the sea area ICES Vb (Faroes Grounds) which lies outside British fishery limits.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise anywhere in relation to any British fishing boat to which this Order applies the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967( ) as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st December 1989.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
20th December 1989
Peter Walker
Secretary of State for Wales
20th December 1989
Peter Bottomley
Parliamentary under Secretary of State, Northern Ireland Office
19th December 1989


text:
Title, commencement and interpretation
1
1
This Order may be cited as the North Western and North Wales Sea Fisheries District (Variation) Order 1989 and shall come into force on 1st April 1989.
2
In this Order “the principal Order ” means the North Western and North Wales Sea Fisheries District Order 1986 .
Variation of the principal Order
2
1
For article 4 of the principal Order there shall be substituted the following:–
Expenses
4
The expenses of the Committee, other than those which may be required to be incurred under section 17(2) of the Act, shall be chargeable to the constituent Councils, for the financial year ending 31st March 1990 in the respective proportions set out in column 3 of Schedule 1 to this Order opposite the reference to each constituent Council, and for each succeeding financial year in the respective proportions set out in column 4 of that Schedule, and shall be expenses for general county or district purposes.
.
2
For Schedule 1 to the principal Order there shall be substituted the following:–
SCHEDULE 1
CONSTITUTION AND EXPENSES
Articles 3 and 4
Column 1 Column 2 Column 3 Column 4 Constituent Councils Number of representatives Percentage of expenses payable in 1989/90 Percentage of expenses payable after 1989/90 Until 30 June 1989 From 1 July 1989
Cheshire County Council 3 2 15.55 8.10 Cumbria County Council 2 2 10.63 9.25 Lancashire County Council 3 3 26.80 20.60 Sefton Metropolitan Borough Council 2 2 7.87 8.75 Wirral Metropolitan Borough Council 2 2 9.25 10.50 Clwyd County Council 2 2 6.82 6.65 Dyfed County Council 2 2 6.33 6.65 Gwynedd County Council 2 3 16.75 29.50
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th March 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
13th March 1989


text:
Citation and commencement
1
This Order may be cited as the Industrial Training Levy (Road Transport) Order 1989 and shall come into force on 1st August 1990.
2
1
In this Order unless the context otherwise requires:–
a
“assessment” means an assessment of an employer to the levy;
b
“the Board” means the Road Transport Industry Training Board;
c
“business” means any activities of industry or commerce;
d
“employer” means a person who is an employer in the road transport industry at any time in the twenty-fourth levy period;
e
“exemption certificate” means a certificate issued by the Board under section 14 of the Industrial Training Act 1982;
f
“the industrial training order” means the Industrial Training (Road Transport Board) Order 1966 ;
g
“the levy” means the levy imposed by the Board in respect of the twenty-fourth levy period;
h
“notice” means a notice in writing;
i
“road transport establishment” means an establishment in Great Britain engaged in the twenty-fourth base period wholly or mainly in the road transport industry for a total of twenty-seven or more weeks or, being an establishment that commenced to carry on business in the twenty-fourth base period, for a total number of weeks exceeding one-half of the number of weeks in the part of the said period commencing with the day on which business was commenced and ending on the last day thereof;
j
“the road transport industry” does not include any activities which have been transferred from the industry of the Board to the industry of another industrial training board by one of the transfer orders but save as aforesaid means any one or more of the activities which, subject to the provisions of paragraph 2 of Schedule 1 to the industrial training order, are specified in paragraph 1 of that Schedule as the activities of the road transport industry or, in relation to an establishment whose activities have been transferred to the industry of the Board by one of the transfer orders, any activities so transferred;
k
“the twenty-fourth base period” means the period of twelve months that commenced on 6th April 1989;
l
“the twenty-fourth levy period” means the period commencing with the day upon which this Order comes into force and ending on 31st July 1991;
m
“the transfer orders” means:–
i
the Industrial Training (Transfer of the Activities of Establishments) ( No. 2) Order 1974 ,
ii
the Industrial Training (Transfer of the Activities of Establishments) (No. 2) Order 1975 ,
iii
the Industrial Training (Transfer of the Activities of Establishments) Order 1976 ,
iv
the Industrial Training (Transfer of the Activities of Establishments) (No. 3) Order 1976 ,
v
the Industrial Training (Transfer of the Activities of Establishments) Order 1977 ,
vi
the Industrial Training (Transfer of the Activities of Establishments) Order 1978 ,
vii
the Industrial Training (Transfer of the Activities of Establishments) (No. 2) Order 1978 ,
viii
the Industrial Training (Transfer of the Activities of Establishments) Order 1979 ,
ix
the Industrial Training (Transfer of the Activities of Establishments) Order 1980 ,
x
the Industrial Training (Transfer of the Activities of Establishments) (No. 2) Order 1980 ,
xi
the Industrial Training (Transfer of the Activities of Establishments) Order 1981 , and
xii
the Industrial Training (Transfer of the Activities of Establishments) Order 1985 .
2
Any reference in this Order to an establishment that commences to carry on business or that ceases to carry on business shall not be taken to apply where the location of the establishment is changed but its business is continued wholly or mainly at or from the new location, or where the suspension of activities is of a temporary or seasonal nature.
Imposition of the levy
3
The levy to be imposed by the Board on employers in respect of the twenty-fourth levy period shall be assessed in accordance with the provisions of the Schedule to this Order.
Assessment notices
4
1
The Board shall serve an assessment notice on every employer assessed to the levy.
2
The amount payable under an assessment notice shall be rounded down to the nearest £1.
3
An assessment notice shall state the Board’s address for the service of a notice of appeal or of an application for an extension of time for appealing.
4
An assessment notice may be served on the person assessed to the levy either by delivering it to him personally or by leaving it, or sending it to him by post, at his last known address or place of business in the United Kingdom or, if that person is a corporation, by leaving it, or sending it by post to the corporation at such address or place of business or at its registered or principal office.
Payment of levy
5
1
Subject to the provisions of this article and of articles 6 and 7, the amount of the levy payable under an assessment notice served by the board shall be due and payable to the Board in two instalments, as follows–
a
the first instalment, being that portion of the levy from which, in acordance with paragraph 4 of the Schedule to this Order, exemption certificates are not to exempt any employer in the industry, shall be due and payable on 1st September 1990, or one month after the date of the assessment notice, whichever is the later;
b
the second instalment, being the remainder, if any, of the levy, shall be due and payable on 1st December 1990, or one month after the date of the assessment notice, whichever is the later.
2
The amount of an assessment shall not be recoverable by the Board until there has expired the time allowed for appealing against the assessment by article 7(1) of this Order and any further period or periods of time that the Board or an industrial tribunal may have allowed for appealing under paragraph (2) or (3) of that article or, where an appeal is brought, until the appeal is decided or withdrawn.
Withdrawal of assessment
6
1
The Board may, by a notice served on the person assessed to the levy in the same manner as an assessment notice, withdraw an assessment if that person has appealed against that assessment under the provisions of article 7 of this Order and the appeal has not been entered in the Register of Appeals kept under the appropriate Regulations specified in paragraph (5) of that article.
2
The withdrawal of an assessment shall be without prejudice to the power of the Board to serve a further assessment notice on the employer.
Appeals
7
1
A person assessed to the levy may appeal to an industrial tribunal against the assessment within one month from the date of the service of the assessment notice or within any further period or periods of time that may be allowed by the Board or an industrial tribunal under the following provisions of this article.
2
The Board by notice may for good cause allow a person assessed to the levy to appeal to an industrial tribunal against the assessment at any time within the period of four months from the date of the service of the assessment notice or within such further period or periods as the Board may allow before such time as may then be limited for appealing has expired.
3
If the Board shall not allow an application for extension of time for appealing, an industrial tribunal shall upon application made to the tribunal by the person assessed to the levy have the like powers as the Board under the last foregoing paragraph.
4
In the case of an assessment that has reference to an establishment that ceases to carry on business in the twenty-fourth levy period on any day after the date of the service of the assessment notice, the foregoing provisions of this article shall have effect as if for the period of four months from the date of the service of the assessment notice mentioned in paragraph (2) of this article there were substituted the period of six months from the date of the cessation of business.
5
An appeal or an application to an industrial tribunal under this article shall be made in accordance with the Industrial Tribunals (England and Wales) Regulations 1965 except where the assessment relates to persons employed at or from one or more establishments which are wholly in Scotland and to no other persons in which case the appeal or application shall be made in accordance with the Industrial Tribunals (Scotland) Regulations 1965 .
6
The powers of an industrial tribunal under paragraph (3) of this article may be exercised by the President of the Industrial Tribunals (England and Wales) or by the President of the Industrial Tribunals (Scotland) as the case may be.
Evidence
8
1
Upon the discharge by a person assessed to the levy of his liability under an assessment the Board shall if so requested issue to him a certificate to that effect.
2
The production in any proceedings of a document purporting to be certified by the Secretary of the Board to be a true copy of an assessment or other notice issued by the Board or purporting to be a certificate such as is mentioned in the foregoing paragraph of this article shall, unless the contrary is proved, be sufficient evidence of the document and of the facts stated therein.
Signed by order of the Secretary of State.
Strathclyde
Parliamentary Under Secretary of State,
Department of Employment
8th August 1989