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Legislation

Statutory Instruments can be viewed on the Office of Public Sector Information (OPSI) web site.

The full text of all Statutory Instruments published since 1987 (July 1999 for legislation made by the National Assembly for Wales and the Scottish Parliament) can also be viewed on the OPSI website (click on link in right hand column).  Any of the Statutory Instruments listed below that are published on the OPSI web site can be accessed directly by clicking on the relevant link on the right hand side.

 Plant Health Act 1967 (c.8)
The Primary legislation governing plant health in Great Britain is the Plant Health Act 1967 (c.8). This prescribes the Forestry Commisioners as the 'competent authority in Great Britain as regards the protection of forest trees and timber.

The Act empowers the Forestry Commissioners to;

  • make orders to prevent the introduction and spread of forestry pests and diseases; and
  • require local authorities to undertake certain work to prevent the spread of specified pests or diseases

It also makes provision for the creation of offences and imposing fees for certain work.

The Forestry Commissioners are also designated under section 2(2) the European Communities Act 1972 (c. 68) in relation to measures relating to the common agricultural policy of the European Community in respect of forestry.

The Plant Health (Forestry) Order 2005 (SI 2005 No. 2517) (link 2005-2517)
This Order;

  • prohibits the landing of specified tree pests, specified trees and 'relevant material' (defined as wood and bark, soil, growing medium or used forestry machinery);
  • lays down the conditions under which other relevant material may be permitted entry;
  • sets out the protected zones for various pests and prescribes the conditions for entry into and movement within the zones for relevant material;
  • prohibits the keeping, storage, sale or release of tree pests;
  • sets out conditions for sending relevant material to other Member States;
  • sets out the rules for registration of importers, forestry traders and producers;
  • sets out the rules for the issue of plant passports to accompany certain relevant material circulated in trade;
  • sets out the powers of inspectors to enter premises (other than private dwellings) and to undertake examinations etc, or order remedial action to be taken;
  • prescribes offences and penalties for failing to comply with the Order.

The Order is the principal instrument in Great Britain implementing the plant health requirements in the European Community in respect of forestry material, as set out in Council Directive 2000/29/EC, which consolidates and repeals Council Directive 77/93/EEC and its various amendments.

To view an Unofficial Consolidation of the Order incorporating SI 2006 No. 2696, SI 2008 No.644, SI 2009 No. 594 and SI 2009 No. 3030.

The Watermark Disease (Local Authorities) Order 1974 (SI 1974 No. 768)
This Order sets out the powers available to certain local authorities, as listed in the Schedule to the Order, to take steps to prevent the spread of a disease of willow trees known as Watermark disease. Each local authority may exercise the powers only in respect of their own area. Officers appointed by the local authorities listed in the Schedule may enter any premises and examine willow trees for the presence of the disease. Where the disease is confirmed he may serve notice requiring the owner or occupier of the land to destroy the whole trees or parts thereof and to take other steps to prevent the spread of the disease. The Order also prescribes offences and penalties for failing to comply with a notice served.

The Order was last amended by the Watermark Disease (Local Authorities) (Amendment) Order 1992 (SI 1992 No. 44) (link 1992-44) which substituted the Schedule to the 1974 Order listing the empowered local authorities.

The Dutch Elm Disease (Local Authorities) Order 1984 (SI 1984 No. 687)
This Order sets out the powers available to certain local authorities, as listed in the Schedule to the Order, to take steps to prevent the spread of Dutch elm disease. Each local authority may exercise the powers only in respect of their own area. Officers (appointed by the local authority) who suspect the presence on any premises of elm trees infected by this disease may, on production of their authority (if so required), enter on any land to inspect trees and to take samples. Where the disease is present the officer may either take action himself, or he may require the owner or occupier to do so, to prevent the spread of the disease by destroying the tree, usually by burning on site. Exceptionally, he may authorise the removal of the tree to another place for destruction. The Order also prescribes offences and penalties for failing to comply with a notice served.  

The Order was last amended by the Dutch Elm Disease (Local Authorities) (Amendment) Order 1988 (SI 1988 No. 604) (link 1988-604) which substituted the Schedule to the 1984 Order listing the empowered local authorities.

The Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004 (SI 2004 No. 3213) (link 2004-3213)
This Order comes into force on 29 December 2004. It implements measures to prevent the introduction and spread within Great Britain of the disease Phytophthora ramorum, which causes Sudden Oak Death, and complements similar legislation in England, Scotland and Wales made by the Agriculture Departments. It regulates the import into Great Britain of forest trees, wood and isolated bark of trees identified as susceptible to the disease and which originate in areas of the USA where the disease is known to be present. The Order also provides for the issuing of licences to import and keep infected material for research purposes and provides for offences and penalties for failure to comply with any requirement of the Order.

To view an unofficial consolidation of the Order incorporating SI 2007 No. 3450

The Plant Health (Forestry) (Wood Packaging Material Marking) Order 2006   (SI No. 2006/2695)
This Order has been introduced partly in response to pressure from the wood packaging industry and partly to enhance the global status of the UK Wood Packaging Material Marking Programme, now five years old. In addition to formalising the procedures for becoming accredited within the Programme in Great Britain, the Order makes it an offence, punishable on summary conviction (level 5 on the Standard Scale), for any person to apply a mark to wood packaging material without the authority of the Forestry Commissioners. It also gives inspectors powers to enter premises (other than private dwelling houses) without a warrant where they believe wood packaging material is being fraudulently marked, or is being stored, and to seize marking equipment and have obliterated any marks found on wood packaging material present there. The Order also prescribes the fees payable on application for a certificate and for renewal of certificates, which will no longer be subject to VAT. The fees for assessments have not been prescribed and remain a matter for negotiation between the applicant and the FC-approved assessment company of their choice. Plant health Leaflet No 12 ' The United Kingdom Wood Packaging Material Marking Programme' has been revised and is being sent to all members of the Programme.  It can also be viewed and downloaded using the link provided.

The Plant Health (Forestry) (Amendment) Order 2006 (SI No. 2006/2696)
This Order amends the Plant Health (Forestry) Order 2005 (SI No. 2005/2517) by adding new requirements to protect against the introduction of the Oriental Chestnut Gall Wasp, Dryocosmus kuriphilus, which has become established in parts of Italy. This implements EU-wide emergency measures against this pest and requires imported plants of Castanea sativa (sweet chestnut) to come from areas where the pest does not occur. The Order also implements other minor changes. It clarifies the definition of Russia, requires anyone notifying the Forestry Commission orally of a new pest to confirm it in writing, and makes it clear that registered forestry traders must retain plant passports for one year.

The Plant Health (Fees) (Forestry) Regulations 2006 (SI No. 2006/2697)
These regulations came into force on 6th November 2006 following a full Public Consultation exercise and the preparation of an Explanatory Memorandum and Regulatory Impact Assessment. The Regulations prescribe the fees we charge for a range of Plant Health work including import licensing, plant passport inspections, third country import inspections and charges in connection with work required when consignments do no not meet the landing requirements. These regulations were amended on 6th April 2008 by The Plant Health (Fees) (Forestry) (Amendment) Regulations 2008 which introduced Reduced Frequency of Inspection (RFI) charges for wood of Acer saccharum being imported to Great Britain from Canada and the USA.  An Explanatory Memorandum and Impact Assessment has been prepared for these amending regulations.

To view an unofficial consolidation of the The Plant Health (Fees) (Forestry) Regulations 2006 incorporating SI 2008 No. 702 and SI 2009 No. 2956.

The Plant Health (Forestry) (Amendment) Order 2008
This Order came into force on 31st March 2008. This Order amended the Plant Health (Forestry) Order 2005 (SI 2005/2517) (the principal Order), so as to introduce emergency controls to prevent the introduction into and spread within Great Britain of two tree pests: Oak Processionary Moth and Pitch Pine Canker. An Explanatory Memorandum has been prepared for these amending regulations.

Full details of the fees are given in Plant Health Guide ' Import Inspection Fees for Wood, Wood Products and Bark', which has been sent to all registered importers. It can be downloaded from this site using the link above.

(We have also provided information in Plant Health Newsletter No 21).

The Plant Health (Forestry) (Amendment) Order 2009
This Order came into force on 1 April 2009 as a result of the following changes to the EU Plant Health Directive -

  1. The Plant Health Directive has been amended by Commission Directive 2009/7/EC to introduce measures to prevent the introduction and spread of two forestry pests (the Emerald Ash Borer and the Siberian Conifer Silk Moth) by adding these to the list of prohibited pests and prescribing landing requirements for host material of the former,  principally trees and wood of Ash. There are also changes to reflect amendments to the Customs Nomenclature codes for certain wood products. Member States are required to implement these changes on 1 April 2009. Wood of ash is not a major import and is not currently subject to import restrictions or inspection on arrival. We have informally consulted the industry and they have confirmed that they do not expect there to be any significant impact on business as a result of these new measures.
  2. The import requirements in the Plant Health Directive, concerning wood packaging material entering the EU from third countries other than Switzerland, have also been amended so as to require, from 1 July 2009, that such material is produced from wood which is free from bark (with specified tolerances). This is set out in Commission Directive 2008/109/EC. The Order is therefore being amended now to reflect this change.
  3. Following the detection of Oak Processionary Moth in London in 2006 the Forestry Commission put in place an eradication programme thorough a programme of surveys (both visual and moth traps), spraying of larvae and removal and destruction of nests. This pest has caused serious defoliation and occasional mortality of oak trees on the continent and the hairs of the larvae, which are easily detached and blown on the wind, contain a toxin known to have an impact on human and animal health ranging from severe skin irritation to respiratory problems. Evidence shows that the Moth was introduced on semi-mature oak trees imported for use as for ‘instant’ landscaping. The Forestry Commissioners introduced  temporary emergency measures to prevent the further introduction of the pest into Great Britain by way of an amendment to the Order which came into force on 31 March 2008. Under these measures the import of all oak trees from the continent were prohibited unless it can be shown by issue of a plant passport at the place of production that the trees have been nursery grown and that it and its immediate vicinity have been free of symptoms of the Moth for the last growing season. 
  4. It has now been shown that Oak Processionary Moth does not colonise oak trees of less than two metres in height and we therefore wish to amend our measures to permit the entry of oak trees of not more than 2 metres in height which have been grown in nurseries and which have been officially inspected and found free of any symptoms of Oak Processionary Moth. In reaching this decision we have informally consulted with industry contacts who welcomed our proposal which will enable them to resume sales. Trees are subject to routine inspection at nurseries by inspectors in the Agriculture Departments and we shall continue to keep this under review pending consideration by the European Commission and the Member States of our request for permanent measures against this pest.


15 February 2010