Legislation for tree health

Scottish Forestry, on behalf of the Scottish Ministers, undertake various tree health regulatory actions such as inspections and issue of Statutory Plant Health Notices under powers contained within the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019. 

The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (legislation.gov.uk)

These Scottish Regulations supplement other plant health legislation which applies in Scotland, as described below.

The ‘PHR’ sets out rules for a risk-based approach to identifying and managing plant health threats. 

This includes:

• controls and restrictions on the introduction into, and movement within, GB of plants and plant products
• the management of outbreaks of harmful plant pests and diseases

It lists systems and requirements authorities must put in place including:

• maintaining and updating lists of controlled plant pests
• conducting regular, systematic surveys to detect these pests following standardised methods
• developing emergency plans for serious outbreaks
• facilitating a plant passport system so plants can be traced back to their original source 

It also states the obligations of professional operators and other persons.

Plant Health Regulation 2016/2031 (legislation.gov.uk)

The plant health sections of the ‘OCR’ provide the enforcement mechanism for the PHR. 

The OCR sets out how authorities must inspect, monitor compliance and enforce the PHR rules. 

Checks are conducted across the supply chain including premises where regulated plants or plant products are grown, stored, transported, processed or sold.

Official Controls Regulation 2017/625 (legislation.gov.uk)

Importing plants, plant products or seeds? 

You can find the latest rules using the ‘Plant health information and import rules service’.

Check plant health information and import rules (UK Government website)

The ‘PCR’ establishes uniform measures to implement the PHR, laying out lists of regulated pests, commodities and associated plant health import and internal movement requirements.

Measures taken to prevent introductions and control the spread of plant pests and diseases differ according to the risk category the pest or disease is assigned to.

The Phytosanitary Conditions Regulation 2019/2072 (legislation.gov.uk)

Key differences between categories of plant pests and diseases listed in PCR Annexes relate to:

• their presence in GB
• the purpose of classification
• where authorities focus action to address the threat posed 

Pest categories

A subset of the GB quarantine pests in the PCR are categorised as GB priority pests.

Priority pests are listed under this legislation. These are pests for which their potential economic, environmental or social impact is the most severe in respect of Great Britain.

The Commission Delegated Regulation (EU) 2019/1702 (legislation.gov.uk)

See our table below with the subset of priority pests that affect trees. Use the direct links to the UK Plant Health Risk Register for detailed pest risk assessment information.
 

This Act is the primary legislation governing plant health in Great Britain. It defines competent authorities for the purposes of the Act and grants them powers to make secondary legislation to:

• prevent the introduction and spread of tree pests and diseases
• create plant health offences
• charge fees for some operations

Plant Health Act 1967 (legislation.gov.uk)

A Statutory Plant Health Notice (SPHN) is a legal Notice requiring you to take certain steps to treat, destroy or dispose of a controlled plant pest or prohibited material, or take other actions to prevent the establishment or spread of a controlled plant pest.

SPHNs are issued in Scotland:

• by plant health authorities including Scottish Forestry under the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

  The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (legislation.gov.uk)

• to landowners or managers when controlled plant pests or prohibited material are found

Your SPHN will state what you must to do, where, and within what time frame.

Measures required in tree health SPHNs may include:

• removing tree species within a certain distance of infected or symptomatic trees
• chipping or debarking felled trees on site
• carrying out extra biosecurity measures
• notifying your local Conservancy when measures are complete