Plant Health (Phytophthora ramorum) (Scotland) (No. 2) Order 2002

JurisdictionScotland
CitationSSI 2002/483
Year2002
SCOTTISH STATUTORY INSTRUMENTS
2002 No. 483
PLANT HEALTH
The Plant Health (Phytophthora ramorum) (Scotland) (No. 2)
Order 2002
Made 29th October 2002
Laid before the Scottish Parliament 29th October 2002
Coming into force 1st November 2002
The Scottish Ministers, in exercise of the powers conferred by sections 2, 3(1), (2)(b), (3) and (4)
and 4(1)(b) of the Plant Health Act 1967( a) and of all other powers ena bling them in that behalf
hereby make the follow ing Order:
Citation, commencement and extent
1.—(1) This Order may be cited as the Plant Health ( Phytophthora ramorum) (Scotland) (No.
2) Order 2002 and shall come into force on 1st November 2002.
(2) This Order extends to Scotland o nly.
Interpretation
2. In this Order–
“European Community” has the same mea ning as that given in article 2(1) of the principal
Order;
“inspector” means any pers on authorised by the Scot tish Ministers to be an inspe ctor for the
purposes of the principal Order;
“originating” means, in respect of susceptible material, the place where the material is grown
or produced, and “origina te” shall be construed acc ordingly;
Phytophthora ramorum” means the pest Phytophthora ramorum Werres, De Cock & Man in
‘t Veld sp. nov;
“phytosanitary certificate” means a certificate duly completed in the form set out in Schedule
14 to the principal Order an d issued in compliance with the provisions of this Or der;
“place of production” has the same meaning as that given in article 2(1) of the principal
Order;
“plant” has the same meaning as that give n in article 2(1) of the principal Order, save that
seed and fruit in the botanical sense are excluded(b);
“plant passport” has the same meaning a s that given in article 2(1) of the principal Order,
save that references to the pr ovisions of that Order are to be construed as if the y were
references to the provisi ons of this Order;
“the principal Order” means the Plant Health (Great Britain) Order 1993(c);
———————————————————————————————————————
(a) 1967 c.8; sections 2(1) and 3(1) and (2) were amended by the European Communities Act 1972 (c.68), section 4(1)
and Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c.48) and
further amended by section 17(1) of the Criminal Justice Act 1991 (c. 53) and the Statute Law (Repeals) Act 1993,
section 1(1) and Schedule 1, Part XIV. The functions of the Secretary of State were transferred to the Scottish
Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).
(b) The definition of “plant” was amen ded by article 3(a) of S.I. 1995/1358.
(c) S.I. 1993/1320; amended by S.I. 1993/3213, 1995/1358 and 2929, 1996/25, 1165 and 3242, 1997/1145 an d 2907,
1998/349, 1121 and 2245, S.S.I. 1999 /22 and 129, 2000/201, 2001/249 and 2002/164.

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