The Potatoes Originating in the Netherlands (Notification) (Scotland) Order 2005
| Jurisdiction | Scotland |
| Citation | SSI 2005/73 |
| Year | 2005 |
2005 No. 73
PLANT HEALTH
The Potatoes Originating in the Netherlands (Notification) (Scotland) Order 2005
Made 17th February 2005
Laid before the Scottish Parliament 18th February 2005
Coming into force 14th March 2005
The Scottish Ministers, in exercise of the powers conferred by sections 2(1) and (2), 3(1), (2) 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 Potatoes Originating in the Netherlands (Notification) (Scotland) Order 2005 and shall come into force on 14th March 2005.
(2) This Order extends to Scotland only.
Interpretation
2.—(1) In this Order–
“the principal Order” means the Plant Health (Great Britain) Order 19933;
“inspector” means any person authorised by the Scottish Ministers to be an inspector for the purposes of the principal Order;
“Dutch potato” means any potato which is imported and which the person importing it knows or has reasonable cause to suspect to have been grown in the Kingdom of the Netherlands during the year 2004 or subsequently;
“potato” means any tuber or true seed or any other plant ofSolanum tuberosum L. or other tuber forming species or hybrid of the genus Solanum L.; and
“Dutch seed potato” means any Dutch potato intended for planting.
(2) A reference in this Order to anything done in writing or produced in written form, including the service of a notice by virtue of article 4 below in exercise of a power conferred by article 22(1) or (2) of the principal Order, includes a reference to an electronic communication, as defined in the Electronic Communications Act 20004which has been recorded and is consequently capable of being reproduced.
(3) In this Order, where reference is made to provisions in the principal Order, those provisions shall be interpreted in accordance with article 2(1) of that Order.
Notification of imports
3.—(1) No person shall on or after 16th March 2005 import Dutch potatoes or Dutch seed potatoes into Scotland, unless that person has given written notification to an inspector, at least 48 hours prior to the intended date of introduction into Scotland of the potatoes, of that person’s intention to import the potatoes and of–
(a)
(a) the proposed time, date and means of introduction;
(b)
(b) the proposed point of entry;
(c)
(c) the intended use of the potatoes;
(d)
(d) the proposed destination of the potatoes;
(e)
(e) the variety of the potatoes;
(f)
(f) the quantity of potatoes; and
(g)
(g) the producer’s identification number.
(2) Any person who, on or after 1st September 2004 and before 16th March 2005, imports Dutch seed potatoes into Scotland shall, no later than 31st March 2005, give written notification to an inspector of–
(a)
(a) the date the potatoes were imported;
(b)
(b) the point of entry;
(c)
(c) the use or intended use of the potatoes;
(d)
(d)...
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