The Plant Health (Forestry) Order 2005

[F1Licences to carry out activities prohibited by this OrderE+W+S

This section has no associated Explanatory Memorandum

38.—(1) Notwithstanding any of the provisions of this Order, any tree pest or relevant material may be landed, kept, stored, sold, planted, moved or otherwise disposed of in [F2a relevant territory] and any other thing prohibited by this Order may be done under the authority of a licence granted by [F3the appropriate authority] —

(a)in exercise of any derogation permitted by the Directive; or

(b)for trial or scientific purposes, or for work on varietal selections, in relation to a domestic quarantine tree pest.

(2) A licence granted under paragraph (1)(b) must be in writing and may be granted—

(a)subject to conditions;

(b)for an indefinite period or a specified period.

(3) In this article, “domestic quarantine tree pest” means a tree pest which is not listed in Annex I or Annex II to the Directive and which is not normally present in, and is likely to be injurious to trees in, Great Britain.]

Textual Amendments