Plant Health (Phytophthora ramorum) (Scotland) Order 2002

JurisdictionScotland

2002 No. 223

PLANT HEALTH

The Plant Health (Phytophthora ramorum) (Scotland) Order 2002

Made 9th May 2002

Laid before the Scottish Parliament 10th May 2002

Coming into force 13th May 2002

The Scottish Ministers, in exercise of the powers conferred by sections 2, 3(1), (2)(b) and (4) and 4(1)(b) of the Plant Health Act 19671and of all other powers enabling them in that behalf hereby make the following Order:

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Plant Health (Phytophthora ramorum) (Scotland) Order 2002 and shall come into force on 13th May 2002.

(2) This Order extends to Scotland only.

S-2 Interpretation

Interpretation

2.—(1) In this Order–

“inspector” means any person authorised by the Scottish Ministers to be an inspector for the purposes of the principal Order;

“origin” means, in respect of susceptible American material or susceptible material, the place where the material is grown or produced, and “originating” shall be construed accordingly;

“phytosanitary certificate” means a certificate duly completed in the form set out in Schedule 14 to the principal Order and issued in compliance with articles 12(4) to (7) and 13 of the principal Order;

“plant” has the same meaning as that given in the principal Order;

“the principal Order” means the Plant Health (Great Britain) Order 19932;

“susceptible American material” means, plants of the genera listed in the first column of the Schedule originating in the United States of America (“USA”);

“susceptible material” means plants of all species of the generaRhododendron and Viburnum originating anywhere.

(2) A reference in this Order to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 20003which has been recorded and is consequently capable of being reproduced.

S-3 Imports of susceptible American material from the USA

Imports of susceptible American material from the USA

3. Subject to article 5(1), no person shall import from the USA into Scotland susceptible American material unless it is accompanied by a phytosanitary certificate fulfilling the requirements set out in the second column of the Schedule to this Order4.

S-4 Notification of movements of susceptible material into and within Scotland

Notification of movements of susceptible material into and within Scotland

4.—(1) Subject to articles 5(2) and 6(1), any person in occupation of premises in Scotland who takes delivery at those premises of any susceptible material other than that despatched to that person from premises elsewhere in Scotland shall, within 72 hours of taking delivery of the material, provide to an inspector written notice stating the following information:–

(a)

(a) the date and means of delivery to the premises of that person;

(b)

(b) whether the susceptible material remains on the premises of that person and if so, the address of those premises;

(c)

(c) if the susceptible material has been forwarded to another destination, or it is intended so to forward it within 48 hours of the notice being given, the address to which it has been or will be forwarded, and the name of the intended recipient;

(d)

(d) the origin of the susceptible material, if known;

(e)

(e) the name and address of the producer, if known;

(f)

(f) the species and variety of the susceptible material; and

(g)

(g) the quantity of susceptible material.

(2) Subject to articles 5(2) and 6(1), any person in occupation of premises in Scotland who despatches from those premises any susceptible material to premises elsewhere in Scotland shall, within 24 hours of the day of despatch, provide to an inspector written notice stating the following information:–

(a)

(a) the date and means of despatch to the destination premises;

(b)

(b) the address of those premises and the name of the recipient;

(c)

(c) the origin of the susceptible material, if known;

(d)

(d) the name and address of the producer, if known;

(e)

(e) the species and variety of the susceptible material; and

(f)

(f) the quantity of susceptible material.

S-5 Exemptions

Exemptions

5.—(1) The requirements of article 3 shall not apply to susceptible American material which is accompanied by a phytosanitary certificate issued prior to 13th May 2002.

(2) The requirements of article 4 shall not apply to the despatch or taking of delivery by persons not acting in the course of any trade or business.

S-6 Powers of an inspector

Powers of an inspector

6.—(1) An inspector–

(a)

(a) may dispense in writing with all or any of the requirements in article 4 for written notification if that inspector believes that notification otherwise given to that inspector has furnished sufficient information about any susceptible material the delivery or despatch of which falls under the provisions of this Order; and

(b)

(b) giving written dispensation pursuant to sub-paragraph (a) must...

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