WART DISEASE OF POTATOES (Scotland) Order OF 1941. Dated October 2, 1941.
| Jurisdiction | UK Non-devolved |
1941 No. 1587 (S. 49)
DESTRUCTIVE INSECT AND PEST
(iv) Potato (Wart Disease)
THE WART DISEASE OF POTATOES (SCOTLAND) ORDER OF 1941. DATED OCTOBER 2, 1941.The Secretary of State for Scotland by virtue and in exercise of the powers vested in him under the Destructive Insects and Pests Acts, 1877 to 1927 as read with the Reorganisation of Offices (Scotland) Act, 1939 and of every other power enabling him in that behalf, orders as follows:—
Commencement
1. This Order shall come into operation on the sixth day of October, Nineteen hundred and forty-one.
Definitions
2. In this Order:—
"Inspector" means, where the context permits, any person authorised by the Department or by the Local Authority.
"The Department" means the Department of Agriculture for Scotland.
"The Local Authority" means as regards any district the Local Authority for the District under the Diseases of Animals Acts, 1894 to 1937.
"Wart Disease" or "Disease" means the disease affecting potatoes which is caused by Synchytrium endobioticum (Percival) and known as Wart Disease of Potatoes, or Black Scab, or Cauliflower Disease, or Potato Canker; and "diseased" means affected with wart disease.
"Tubers" means tubers of the potato plant.
"Premises" means any land or building.
"Holding" means a private garden, allotment, market garden, farm, part of a farm, and any other land on which potatoes have been or may be grown.
"An approved immune variety" means a variety of potato approved for the time being by the Department as being immune from Wart Disease.
"Protected Area" means the area described in the First Schedule hereto or any other area in England or Wales which is for the time being certified by the Minister of Agriculture and Fisheries to be a Protected Area for the purposes of the Wart Disease of Potatoes Order of 1941(a) which governs the movement of potatoes in and into England and Wales.
Restriction on Planting Potatoes in Gardens, Allotments, etc., and on
Infected and other Lands
3. (i) Except under the authority of the Department no person shall plant or cause or permit to be planted any potatoes which are not of an approved immune variety:—
(a) in any holding not exceeding half an acre in extent in his occupation or under his charge;
(b) in any holding being a private garden in his occupation or under his charge;
(c) in any holding in his occupation or under his charge on which Wart Disease is known by the occupier to have existed at any time or to which the provisions of the Wart Disease of Potatoes (Scotland) Order of 1938(b) or any previous orders made by the Department have been applied or which may, subsequent to the date of this Order, be found to be infected with Wart Disease or to which, in the opinion of an Inspector, Wart Disease is likely to spread, and in respect of which a notice applying the provisions of this Order has been served by an Inspector.
(ii) No person shall permit any potatoes to remain planted in such holding in his occupation or under his charge if the potatoes have been planted in contravention of this Article, and the lifting of the potatoes is required by notice served on him by the Department or by an Inspector: Provided that a person shall not be liable to conviction for planting potatoes or causing or permitting potatoes to be planted in contravention of this Article if he proves to the satisfaction of the Court that the potatoes were obtained by or sold to him as potatoes of an approved immune variety, and that he did not know that the potatoes were not of an approved immune variety.
(iii) The restrictions imposed by this Article shall not apply to any planting which is licensed by the Department or by an Inspector for the purpose of enabling a first early non-immune variety of potatoes to be grown.
Restrictions on Use of Potatoes Grown on holdings to which the provisions of this Order apply
4. Except under the authority of the Department no person shall knowingly sell or purchase or use for planting on any holding to which the provisions of Article 3 of this Order have not been applied any potatoes which have to his knowledge been grown on any holding to which the said provisions apply.
(a) S.R. & O. 1941 No. 1439, p. 769 above.
(b) S.R. & O. 1938 (No. 570) I, p. 1146.
Misdescription of Potatoes
5. No person shall sell as potatoes of an approved immune variety potatoes that are not of an approved immune variety.
Notification of Disease
6.—(i) The occupier or other person in charge of any holding on which Wart Disease exists or appears to exist and any person having in his possession or under his charge potatoes which are affected with Wart Disease shall forthwith notify the fact by post or otherwise to the Department or to an Inspector.
(ii) If Wart Disease is found to reappear in any subsequent year on any holding to which the provisions of Article 3 of this Order have been applied the fact shall forthwith be notified to the Department or to an Inspector by the occupier or other...
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