The Plant Health (Scotland) (Amendment) Order 2007
| Jurisdiction | Scotland |
| Citation | SSI 2007/415 |
| Year | 2007 |
2007 No. 415
PLANT HEALTH
The Plant Health (Scotland) (Amendment) Order 2007
Made 5th September 2007
Laid before the Scottish Parliament 6th September 2007
Coming into force 30th September 2007
The Scottish Ministers make the following Order 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 of all other powers enabling them to do so.
Citation and commencement
1. This Order may be cited as the Plant Health (Scotland) (Amendment) Order 2007 and comes into force on 30th September 2007.
Amendment of the Plant Health (Scotland) Order 2005
2. The Plant Health (Scotland) Order 20053is amended in accordance with articles 3 to 9.
Amendment of article 2
3. In article 2(1) (general interpretation), for the definition of “Directive 93/85/EC” substitute–
““Directive 93/85/EEC” means Council Directive 93/85/EEC4on the control of potato ring rot;”.
Amendment of article 39
4. In article 39(2)(c) (miscellaneous provisions for certain solanaceous species), for “Directive 93/85/EC” substitute “Directive 93/85/EEC”.
Amendment of article 42
5. For Article 42(3) (notification of the presence or suspected presence of certain plant pests) substitute–
“3 Where any plant pest referred to in paragraph (2)(b), (c) or (d) is specified in Schedule 18, it shall be notifiable under paragraph (1) where–
(a) it is a subspecies or strain normally present in Great Britain and is found on the premises of a registered plant trader; or
(b) it is a subspecies or strain not normally present in Great Britain and is found on any premises.”.
Amendment of Schedule 4
6. In Schedule 4 (restrictions on the landing in and movement within Scotland of relevant material), in Part A (relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied), in the third column of item 77, for “a country”, substitute “an area or areas”.
Amendment of Schedule 16
7.—(1) Schedule 16 (special measures for the control of potato ring rot) is amended in accordance with paragraphs (2) to (10).
(2) In paragraph 2, for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”.
(3) For paragraph 3, substitute–
“3. Material can be required to be disposed of–
(a) by destruction; or
(b) by any other measure that complies with paragraph 1 of Annex IV to Directive 93/85/EEC.”.
(4) In paragraph 4–
(a)
(a) for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”; and
(b)
(b) in sub-paragraph (b), for “paragraph 5”, substitute “paragraph 2 of Annex IV to Directive 93/85/EEC”.
(5) Omit paragraph 5.
(6) In paragraphs 6, 7 and 9, for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”.
(7) For paragraph 10(b) and (c), substitute–
“(b)
“(b) in the first potato cropping season following the period referred to in paragraph (a), that basic seed potatoes or pre-basic seed potatoes may be planted, for ware production only, provided that the field has been free from volunteer potato plants and other naturally found host plants of Potato Ring Rot for at least the two consecutive growing years prior to planting; and
(c)
(c) in the potato cropping season which follows that referred to in paragraph (b) and following an appropriate rotation cycle (which shall be at least two years where potatoes are planted for seed production), that basic seed potatoes or pre-basic seed potatoes may be planted, for seed or ware production.”.
(8) For paragraph 11(b), substitute–
“(b)
“(b) in the first potato cropping season following the period referred to in paragraph (a), that basic seed potatoes or pre-basic seed potatoes may be planted, for seed or ware production, provided that the field has been free from volunteer potato plants and other naturally found host plants of Potato Ring Rot for at least the two consecutive growing years prior to planting.”.
(9) In paragraph 12–
(a)
(a) for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”; and
(b)
(b) for paragraphs (b) and (c), substitute–
“(b)
“(b) in the second growing year following the period referred to in paragraph (a) that basic seed potatoes or pre-basic seed potatoes officially tested for the absence of Potato Ring Rot and grown under official control at a place of production which is not designated by an inspector as contaminated for the purposes of Article 5(1)(a) of Directive 93/85/EEC, may be planted, for seed or ware production;
(c)
(c) for at least the third growing year following the period referred to in paragraph (a), that basic seed potatoes or pre-basic seed potatoes grown under official control may be planted, for seed or ware production; and
(d)
(d) from the date of receipt of the notice for the growing years referred to in paragraphs (a), (b) and (c), measures shall be taken to eliminate volunteer potato plants and naturally found host plants of Potato Ring Rot.”.
(10) In paragraphs 13 and 16, for “Directive 93/85/EC”, substitute “Directive 93/85/EEC”.
Amendment of Part A of Schedule 17
8. In Schedule 17, Part A (special measures for the control of Ralstonia solanacearum)–
(a) in paragraph 2(b), for “used or disposed of...
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