Legislation for tree health

Three key pieces of legislation apply in the UK. 

Originating from the EU, this assimilated law is now domestic law. 

Domestic enforcement legislation enables the Scottish Ministers to carry out their obligations and enforce the rules detailed in the legislation below.  

The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

This domestic enforcement legislation contains powers under which Scottish Forestry undertake tree health regulatory actions such as:

• inspections
• issue of Statutory Plant Health Notices

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

The ‘PHR’ outlines rules for a risk-based approach to managing plant health threats. 

It lists the 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
• managing 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.

Regulation (EU) 2016/2031 of the European Parliament of the Council

The plant health sections of the ‘OCR’ set out checks authorities will conduct to ensure compliance with the PHR rules. Checks are conducted across the supply chain including any premises where plants or plant products are grown, stored, transported, processed or sold.

Under the OCR, competent authorities can:

• inspect premises without prior notification 
• collect samples to test for pests or diseases
• refuse goods from entering Great Britain that do not meet plant health standards
• require treatment, removal or destruction of non-compliant material

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

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

• prevent the introduction and spread of tree pest 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 other actions to prevent the establishment or spread of a controlled plant pest

SPHNs are issued: 

• by plant health authorities including Scottish Forestry under The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019
• to land owners or managers when controlled plant pests or prohibited material are found 

Your SPHN will state what you are required to do, where, and within what timeframe.

Measures required in tree health SPHNs may include:

• removing particular 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 

Contact your local Conservancy office with questions about your SPHN.