The Plant Health (Phytophthora ramorum) (Scotland) Order 2004
| Jurisdiction | Scotland |
| Citation | SSI 2004/488 |
| Year | 2004 |
2004 No. 488
PLANT HEALTH
The Plant Health (Phytophthora ramorum) (Scotland) Order 2004
Made 9th November 2004
Laid before the Scottish Parliament 10th November 2004
Coming into force 2nd December 2004
The Scottish Ministers, in exercise of the powers conferred by sections 2, 3(1), (2), (3) and (4) and 4(1) of the Plant Health Act 19671, as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 19722, and of all other powers enabling them in that behalf hereby make the following Order:
Citation, commencement and extent
1.—(1) This Order may be cited as the Plant Health (Phytophthora ramorum) (Scotland) Order 2004 and shall come into force on 2nd December 2004.
(2) This Order extends to Scotland only.
Interpretation
2.—(1) In this Order–
“European Community” has the same meaning as that given in article 2(1) of the principal 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 material, the place where the material is grown or produced, and “originating” shall be construed accordingly;
“Phytophthora ramorum” means the pest Phytophthora ramorum Werres, De Cock & Man in t Veld sp. nov;
“phytosanitary certificate” means a certificate duly completed either–
(a) in the form set out in Schedule 14 of the principal Order and issued in compliance with the provisions of this Order; or
(b) the equivalent in a language other than English;
“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 given in article 2(1) of the principal Order, save that seed and fruit in the botanical sense are excluded;
“plant passport” means either–
(a) a label and, where appropriate, an accompanying document issued in the European Community containing the relevant information in Schedule 9 to the principal Order which gives evidence that the provisions of this Order relating to plant health standards and special requirements for plants and plant products moving within the European Community have been complied with; or
(b) except for the purposes of article 8(1), a Swiss plant passport;
“plant product” has the same meaning as that given in article 2(1) of the principal Order, save that “plant” has the meaning given to it in this Order;
“premises” has the same meaning as that given in article 2(1) of the principal Order;
“the principal Order” means the Plant Health (Great Britain) Order 19933;
“reforwarding phytosanitary certificate” has the same meaning as that given in article 2(1) of the principal Order;
“susceptible material” means–
(a) in the case of material originating in the United States of America (“USA”), plants intended for planting, of the species and genera listed in the first column of Schedule 1; and
(b) in all other cases, plants, intended for planting, ofCamellia spp. Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L.;
“susceptible tree” means a tree, excluding fruit or seeds, of the species and genera listed in the first column of Schedule 1;
“Swiss plant passport” means a label and, where appropriate, an accompanying document issued in Switzerland in accordance with Swiss legislation which–
(a) contains information that gives evidence that the legislation in Switzerland relating to plant health standards and special requirements for plants and plant products moving into and within Switzerland have been complied with; and
(b) relates to a plant intended for planting ofCamellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch. or Viburnum spp L.;
“third country” has the same meaning as that given in article 2(1) of the principal Order;
“tree” has the same meaning as that given in article 2(1) of the Plant Health (Forestry) (Great Britain) Order 19934.
(2) Any 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 20005, which has been recorded and is consequently capable of being reproduced.
Prohibition against the introduction and spread of Phytophthora ramorum into and within Scotland
3. Subject to article 11, no person shall–
(a) introducePhytophthora ramorum into Scotland6; or
(b) spreadPhytophthora ramorum within Scotland.
Imports of susceptible material originating in the USA
4. Subject to article 11, no person shall import into Scotland susceptible material originating in the USA unless–
(a) it is–
(i) accompanied by a phytosanitary certificate issued in accordance with the requirements set out in the second column of Schedule 1, or a certified copy thereof in the case of material for which a reforwarding phytosanitary certificate has also been issued; and
(ii) upon examination by an inspector, found to be free fromPhytophthora ramorum7; or
(b) in the case of imports from Switzerland of plants intended for planting ofCamellia spp., Rhododendron spp. L, other than Rhododendron simsii Planch., and Viburnum spp. L., the material is accompanied by a Swiss plant passport.
Movement of susceptible material originating in the USA or any other third country
5.—(1) Subject to paragraph (2) and article 11, where susceptible material originating in the USA or in any other third country has been imported into Scotland, no person shall move that material–
(a)
(a) within Scotland;
(b)
(b) to another part of the United Kingdom;
(c)
(c) to the Isle of Man or the Channel Islands;
(d)
(d) to another Member State; or
(e)
(e) in the case of plants intended for planting ofCamellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch., and Virburnum spp. L., to Switzerland,
unless it is accompanied by a plant passport and meets the requirements of Schedule 2.
(2) Paragraph (1) shall not apply in the case of movement of susceptible material within Scotland where such movement is in compliance with a notice served under article 12.
Movement of susceptible material originating in Scotland and elsewhere in the European Community or Switzerland
6.—(1) Subject to article 11, no person shall move into Scotland susceptible material originating–
(a)
(a) elsewhere in the United Kingdom;
(b)
(b) in the Isle of Man or Channel Islands;
(c)
(c) in another Member State; or
(d)
(d) in the case of plants intended for planting ofCamellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L., in Switzerland,
unless it is accompanied by a plant passport and meets the requirements of Schedule 28.
(2) No person acting in the course of a trade, business or other undertaking shall move susceptible material produced in Scotland from its place of production unless the material is accompanied by a plant passport and meets the requirements of Schedule 2.
Official registration
7.—(1) Subject to paragraph (4), no person who produces susceptible material may move that material unless that person is registered as a producer pursuant to articles 15 and 16 of the principal Order or to paragraph (2).
(2) A producer of susceptible material who is not registered as a producer under the principal Order–
(a)
(a) may apply for registration under articles 15 and 16 of the principal Order as if the application were provided for by that Order;
(b)
(b) in so applying, shall meet the requirements of those articles as if the application had been made under the principal Order; and
(c)
(c) shall be treated by the Scottish Ministers, in respect of such an application and any consequent registration, as if the application were provided for by the principal Order.
(3) Any person who is registered as a producer in accordance with paragraph (1) shall notify any suspected occurrence or confirmed presence ofPhytophthora ramorum at the place of production to which their registration relates.
(4) This article shall not apply to persons who produce susceptible material or who move susceptible material which they have produced if they do so other than in the course of a trade, business or other undertaking.
Plant passports
8.—(1) The following articles of the principal Order shall apply in respect of a plant passport required under articles 5 or 6, as appropriate–
(a)
(a) article 11(3), as if–
(i) a phytosanitary certificate had been issued in respect of susceptible material which complied with this Order; and
(ii) reference to “Part A of Schedule 5” of the principal Order were to article 5 of this Order;
(b)
(b) article 14(1), as if the plant passport were issued in respect of susceptible material; and
(c)
(c) article 14(2) to (8).
(2) Subject to paragraph (4), a person who holds the authority of the Scottish Ministers under article 17 of the principal Order to produce, store and issue plant passports on behalf of a business, individual or other organisation is also authorised under this Order to produce, store and issue plant passports required under this Order on behalf of that business, individual or other organisation.
(3) A person not authorised under this Order pursuant to paragraph (2) may be authorised by the Scottish Ministers, subject to any conditions they see fit, to produce, store and issue plant passports required under this Order on behalf of any business, individual or other organisation, if–
(a)
(a) the person seeking authority is registered as a producer of susceptible material pursuant to article 7; and
(b)
(b) a satisfactory inspection has been carried out by an inspector of...
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