The Plant Health (Scotland) Amendment Order 2008
2008 No. 300
PLANT HEALTH
The Plant Health (Scotland) Amendment Order 2008
Made 5th September 2008
Laid before the Scottish Parliament 9th September 2008
Coming into force 1st October 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act 19671, as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 19722, and paragraph 1A of Schedule 2 to the European Communities Act 19723and all other powers enabling them to do so.
The Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 19724and it appears to the Scottish Ministers that it is expedient for the references to Commission Directive 2008/61/ECestablishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EECmay be introduced into or moved within the Community or certain protected zones thereof for trial or scientific purposes and for work on varietal selections5to be construed as references to that instrument as amended from time to time.
Citation and commencement
1. This Order may be cited as the Plant Health (Scotland) Amendment Order 2008 and comes into force on 1st October 2008.
Amendments to the Plant Health (Scotland) Order 2005
2. The Plant Health (Scotland) Order 20056is amended in accordance with articles 3 to 16.
Amendment of Article 2
3. In article 2(1)(general interpretation) at the appropriate place in accordance with alphabetical order insert–
““seed potato” means any potato intended for planting.”.
Amendment of part 3
4.—(1) In Part 3 (internal community controls on movement), in article 19(1) (prohibitions on landing plant pests and relevant material) after “paragraph (2)” insert “and article 19A”.
(2) In Part 3 after article 19 insert–
“Introduction of seed potatoes into Scotland
19A.—(1) No person shall introduce seed potatoes into Scotland unless that person has given written notification to an inspector at least forty eight hours prior to the intended date of introduction of their intention to introduce the potatoes and of–
(a)
(a) the proposed time, date and means of introduction;
(b)
(b) the proposed point of entry;
(c)
(c) the proposed destination;
(d)
(d) the variety;
(e)
(e) the quantity; and
(f)
(f) the producer’s identification number or the reference number of the lot.
(2) Where an inspector is satisfied that a lot comprises seed potatoes grown outwith Scotland and that no notification has been given as required by paragraph (1), then the inspector may serve a notice requiring the person introducing the potatoes to notify the Scottish Ministers within such period as is specified in the notice of the matters specified in paragraph (1)(a) to (f).”.
Amendment of part 8
5.—(1) In part 8 (licences), in article 41 (licences for trial or scientific purposes and for work on varietal selections), in paragraph (1) for “Directive 95/44/ECof 26th July 1995” substitute “Directive 2008/61/ECof 17th June 2008”7;
(2) In paragraphs (2), (6) and (7)(a)(i) of article 41 for “Directive 95/44 EC” (wherever it occurs) substitute “Directive 2008/61 EC”.
(3) For paragraph (7)(b) of article 41 substitute–
“(b)
“(b) “Directive 2008/61/EC” means Commission Directive 2008/61/ECestablishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Directive 2000/29/ECmay be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections.”.
Amendment of part 10
6. In part 10 (offences), in article 45 (offences) after paragraph (1)(a)(v) insert “(vA) article 19A;”;
Amendment of Schedule 1
7. In Schedule 1 (plant pests which shall not be landed in or spread within Scotland), Part B (plant pests known to occur in the European Community), under the first heading (Insects, mites and nematodes), omit item 4, “Heliothis armigera (Hübner)”.
Amendment of Schedule 2
8. In Schedule 2 (relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests), part B (plant pests known to occur in the European Community) after item 10 in the table headed “Insects, mites and nematodes” insert–
“11. |
Plants other than seeds of Dendranthema (DC.) Des Moul, Dianthus L., Pelargonium L'Herit ex Ait. and of the family Solanaceae, intended for planting |
Helicoverpa armigera (Hübner)” |
9. In Schedule 2, part B (plant pests known to occur in the European Community) in the table headed “Fungi” omit the entries for item 2 (Colletotrichum acutatum).
Amendment of Schedule 3
10. In Schedule 3 (relevant material which may not be landed in Scotland if that material originates in certain third countries), at item 8, in column 3, omit “Bulgaria”8.
Amendment of Schedule 4
11. In Schedule 4 (restrictions on the landing in and movement within Scotland of relevant material), part A (relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied), at item 41, in column 2 at paragraph (a) for “Heliothis armigera Hübner” substitute “Helicoverpa armigera (Hübner)”.
12. In Schedule 4, part A, at item 71, in column 2, after...
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