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Statutory Instrument 2006 No. 342The Bee Diseases and Pests Control (England) Order 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 342BEE DISEASES, ENGLANDThe Bee Diseases and Pests Control (England) Order 2006
The Secretary of State in exercise of the powers conferred by section 1 of the Bees Act 1980[1] and now vested in her makes the following Order— Title, commencement and application 1.—(1) This Order may be cited as the Bee Diseases and Pests Control (England) Order 2006 and comes into force on 17th March 2006. (2) This Order applies in relation to England only. Interpretation 2.—(1) In this Order—
(2) A notice under this Order—
(b) may be suspended, amended or revoked by further notice at any time; and (c) may be subject to conditions. (3) Paragraph (2)(c) does not apply to a notice under article 10.
(b) a notifiable pest is present in the hive; or (c) a notifiable pest is present on or in the same premises or vehicle as the hive, shall immediately notify that fact to the Secretary of State.
(b) discovers in the course of his occupation, a bee pest that he knows or suspects is a notifiable pest shall immediately notify that fact to the Secretary of State.
(b) any other thing liable to spread the notifiable disease or the notifiable pest. (2) The owner or person in charge of a hive may, notwithstanding the provisions of paragraph (1), submit to the Secretary of State for laboratory tests samples of—
(b) any bee pest to establish whether it is a notifiable pest; and (c) soil from the area surrounding the hive to establish whether it is infected with a notifiable pest. (3) If a notice is served under article 6(1) or (2), the prohibition on removal in that notice shall apply in place of the prohibition on removal in paragraph (1).
(b) the owner or person in charge of the hive has been informed that the test results on samples submitted to the Secretary of State under paragraph (2) confirm that the material sampled is free from infection or is not a notifiable pest. (5) Any person who gives notification under article 3(2) shall not remove, or permit to be removed, any bee pest or any other thing by which the notifiable pest is liable to be spread from the premises or vehicle on or in which it is situated.
(b) any other thing, including soil, to see if it is infected with a notifiable pest. (7) If a notice is served under article 6(1) or (2), the prohibition on removal in that notice shall apply in place of the prohibition on removal in paragraph (5).
(b) the person who gave notification under article 3(2) has been informed that the test results on samples submitted to the Secretary of State under paragraph (6) confirm that the material sampled is not a notifiable pest or is not infected with a notifiable pest. (9) Any sample submitted under paragraph (2) or (6) shall be packed so as to prevent as far as possible the risk of the spread of infection during transit.
(b) any other thing liable to spread the notifiable disease or the notifiable pest situated on or in the premises or vehicle, a notice prohibiting their removal and the removal of any bee pests contained in or affecting them, except under the authority of a licence issued by the Secretary of State.
(b) any other thing liable to spread a notifiable disease or a notifiable pest. (3) A notice served pursuant to paragraph (2) shall be revoked if an authorised person is subsequently able to act without obstruction in the exercise of his power of entry under section 2 of the Act on or in the premises or vehicle.
(b) may serve on the owner or person in charge of the hive a notice requiring the destruction or treatment in accordance with the notice of the hive, debris from the hive and any appliances or other things liable to spread the disease; (c) may serve on any other person who is the owner or person in charge of any appliances or other things liable to spread the disease a notice requiring their destruction or treatment in accordance with the notice. (3) Where the presence of European foul brood has been confirmed in a hive, an authorised person—
(b) may serve on the owner or person in charge of the hive a notice requiring the destruction or treatment in accordance with the notice of the hive, debris from the hive and any appliances or other things liable to spread the disease; (c) may serve on any other person who is the owner or person in charge of any appliances or other things liable to spread the disease a notice requiring their destruction or treatment in accordance with the notice. (4) If, once any treatment required by a notice served under this article has been carried out, an authorised person confirms by way of a laboratory test result or a field test kit result that the notifiable disease remains, an authorised person may serve further notices under this article.
(b) may serve on the owner or occupier of the premises on which the hive is situated a notice requiring the treatment in accordance with the notice of the soil surrounding the hive; (c) may serve on any other person who is the owner or person in charge of any appliances or other things by which the notifiable pest is liable to be spread a notice requiring their destruction or treatment in accordance with the notice. (3) Where the presence of a notifiable pest is confirmed on or in any other premises or vehicle, an authorised person may serve a notice requiring the destruction or treatment in accordance with the notice of any bee pests and of any other things by which the notifiable pest is liable to be spread on—
(b) the owner or occupier of the premises, or the owner or person in charge of the vehicle. (4) If, once any treatment required by a notice served under this article has been carried out, an authorised person confirms on the basis of a laboratory test result or an examination that the notifiable pest remains, an authorised person may serve further notices under this article.
(b) the date by which destruction or treatment must take place, or the period during which treatment must take place, and may specify that the destruction or treatment is to be carried out by an authorised person, in the presence of an authorised person or under the supervision of an authorised person.
(b) send the cages in which the bees were transported from the country of origin, the attendant bees and other material that accompanied the queen bees from their country of origin to the Secretary of State for a laboratory examination for the presence of a notifiable pest. (3) Following the examination referred to in paragraph (2)(b), the Secretary of State shall arrange for the cages, attendant bees and other material referred to in that paragraph to be destroyed as soon as reasonably practicable.
(b) give such information (including information concerning the number, location and any movements of hives, bees, combs, bee products or appliances that are or have been in his possession or charge and information concerning the location of any bee pests on the premises or vehicle), to an authorised person as that authorised person shall reasonably require for the purposes of this Order.
(b) left at or posted to his home or place of business last known to the Secretary of State; or (c) where the conditions in paragraph (2) are fulfilled, sent to him by e-mail. (2) A notice served on any person by e-mail shall only be properly served on him if he—
(b) has provided in writing to the Secretary of State an e-mail address for this purpose. Exemptions 1.An authorised person may serve on the owner or person in charge of any hive, bees, combs, bee products, hive debris or appliances found to have been exposed to infection with the notifiable pest a notice complying with article 9 requiring their destruction or treatment in accordance with the notice. 2.An authorised person may serve on the owner or occupier of any premises on which a hive found to have been exposed to infection is situated a notice complying with article 9 requiring the treatment in accordance with the notice of the soil surrounding the hive. 3.No person shall move, or permit to be moved, any hive, bees, bee pests, combs, bee products, hive debris, appliances or other things by which the notifiable pest is liable to be spread into or out of the infected area, except under the authority of a licence granted by the Secretary of State. 4.No person shall remove, or permit to be removed, any hive, bees, bee pests, combs, bee products, hive debris, appliances or other things by which the notifiable pest is liable to be spread from the premises or vehicle on or in which they are situated, except under the authority of a licence granted by the Secretary of State. 5.The owner or person in charge of any hive, bees, combs, bee products or appliances shall notify the Secretary of State as soon as is reasonably practicable of his name and address and the location of any hive, bees, combs, bee products or appliances in his possession or charge. (This note is not part of the Order) This Order revokes and replaces the Bee Diseases Control Order 1982 (S.I. 1982/107). It also revokes the Importation of Bees Order 1997 (S.I. 1997/310). Article 3 of the Order makes provision for the notification of the presence or suspected presence of a notifiable disease or a notifiable pest to the Secretary of State. The giving of such notification triggers a prohibition on the movement of things that might spread the disease or pest (article 4). Under the Order American foul brood and European foul brood are notifiable diseases, and small hive beetle and any species of the Tropilaelaps mite are notifiable pests. Where an authorised person has reasonable grounds for suspecting the presence of a notifiable disease or a notifiable pest, he must serve a notice prohibiting the movement of certain items (article 6(1)). If an authorised person is obstructed in the exercise of his power of entry he may serve a notice prohibiting movement of certain items (article 6(2)). Article 7 sets out the measures that apply on confirmation of the presence of a notifiable disease. Article 8 sets out the measures that apply on confirmation of the presence of a notifiable pest. The Secretary of State may declare by notice an area to be an infected area if she is satisfied that a notifiable pest is present in that area (article 10). The Secretary of State may specify in the notice that all or any of the provisions in the Schedule apply in some or all of the infected area. Article 11 implements for England the provisions of Commission Decision 2003/881/EC (OJ No. L328, 17.12.2003, p. 26) as amended by Commission Decision 2005/60/EC (OJ No. L25, 28.1.2005, p. 64) that apply to bees after they have been imported into England from a third country. The Animals and Animal Products (Import and Export) (England) Regulations 2005 (S.I. 2005/2002) implement for England the import conditions contained in Commission Decision 2003/881/EC. Article 12 requires the provision of facilities and the giving of information to authorised persons in certain circumstances. Article 12 also prohibits the use of substances that may disguise the presence of or render difficult the detection of a notifiable disease other than in accordance with a notice requiring treatment under article 7. Article 13 provides that where any person has not complied with a notice served under the Order, an authorised person may arrange for it to be complied with at the expense of the person upon whom the notice is served. In accordance with section 1(7) of the Bees Act 1980 (c. 12), breach of any provision of the Order or of any condition imposed by any licence issued under the Order constitutes an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale (currently £5000). A regulatory impact assessment has been prepared for this Order and has been placed in the Library of each House of Parliament. Copies may be obtained from the Plant Health Division of the Department for Environment, Food and Rural Affairs, Room 354, Foss House, Kings Pool, 1-2 Peasholme Green, York YO1 7PX. Notes: [1] 1980 c.12. The functions of the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales under section 1 were, so far as exercisable in relation to Scotland, transferred to the Scottish Ministers by section 53 of the Scotland Act. The functions of the Secretary of State for Wales under section 1 were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The remaining functions of the Secretary of State for Scotland and the Secretary of State for Wales under section 1 were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141). The functions of the Minister of Agriculture, Fisheries and Food under section 1 were transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). The functions of the Secretary of State under section 1 were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044).back [2] OJ No. L328, 17.12.2003, p. 26, as amended by Commission Decision 2005/60/EC (OJ L25, 28.1.2005, p. 64).back [3] S.I. 1982/107.back [4] S.I. 1997/310.back ISBN 0 11 074039 4 -- Back --
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