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The Plant Health (Phytophthora ramorum) (Scotland) (No. 2) Order 2002

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Citation, commencement and extent

1.—(1) This Order may be cited as the Plant Health (Phytophthora ramorum) (Scotland) (No. 2) Order 2002 and shall come into force on 1st November 2002.

(2) This Order extends to Scotland only.

Interpretation

2.  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;

  • “originating” means, in respect of susceptible material, the place where the material is grown or produced, and “originate” 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 in the form set out in Schedule 14 to the principal Order and issued in compliance with the provisions of this Order;

  • “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(1);

  • “plant passport” has the same meaning as that given in article 2(1) of the principal Order, save that references to the provisions of that Order are to be construed as if they were references to the provisions of this Order;

  • “the principal Order” means the Plant Health (Great Britain) Order 1993(2);

  • “reforwarding phytosanitary certificate” has the same meaning as that given in article 2(1) of the principal Order;

  • “susceptible forest material” means Quercus spp. L. and Lithocarpus densiflorus (H & A);

  • “susceptible material” means, in the case of material originating in the United States of America (“USA”), plants of the species and genera listed in the first column of Schedule 1, and in all other cases, plants of Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L;

  • “third country” has the same meaning as that given in article 2(1) of the principal Order.

Prohibition against the introduction and spread of Phytophthora ramorum into and within Scotland

3.  Subject to article 12, no person shall–

(a)introduce Phytophthora ramorum into Scotland(3); or

(b)spread Phytophthora ramorum within Scotland.

Imports of susceptible material originating in the USA

4.  Subject to article 6, no person shall import into Scotland susceptible material originating in the USA unless–

(a)it is 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

(b)upon examination by an inspector, it is found to be free from Phytophthora ramorum(4).

Movement of susceptical material originating in the USA or any other third country

5.  Subject to article 6, 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)within Scotland;

(b)to another part of the United Kingdom;

(c)to the Isle of Man or the Channel Islands; or

(d)to another Member State,

unless (subject to article 9(3) in the case of movement within Scotland) it is accompanied by a plant passport.

Exemptions from the requirements of articles 4 and 5

6.  The requirements of articles 4 and 5 shall not apply to susceptible material originating in the USA which is despatched to the European Community from the USA before 1st November 2002.

Movement of susceptible material originating in Scotland and elsewhere in the European Community

7.—(1) No person shall move into Scotland susceptible material originating elsewhere in the United Kingdom, the Isle of Man or Channel Islands or another Member State unless it is accompanied by a plant passport and meets the requirements of Schedule 2(5).

(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

8.—(1) Subject to paragraph (3), 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)may apply for registration under articles 15 and 16 of the principal Order as if the application were provided for by that Order;

(b)in so applying, shall meet the requirements of those articles as if the application had been made under the principal Order; and

(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) 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

9.—(1) The following provisions of the principal Order shall apply in respect of a plant passport required under articles 5 or 7, as appropriate:–

(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)the reference to “Part A of Schedule 5” of the principal Order were a reference to article 5 of this Order;

(b)article 14(1), as if the plant passport were issued in respect of susceptible material;

(c)article 14(2) to (8).

(2) For the purposes of carrying out an examination of susceptible material upon its entry into Scotland, an inspector may, by notice in writing served on the consignee of any susceptible material which has been or is to be imported into Scotland, specify premises and require the removal of that material to those premises in such manner and within such period as may be specified in the notice.

(3) Movement of susceptible material in compliance with a notice served under paragraph (2) shall not constitute movement requiring a plant passport pursuant to article 5(a).

(4) Subject to paragraph (6), 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.

(5) A person not authorised under this Order pursuant to paragraph (4) may be authorised by the Scottish Ministers, subject to any conditions they think fit, to produce, store and issue plant passports required under this Order on behalf of any business, individual or other organisation, if–

(a)the person seeking authority is registered as a producer of susceptible material pursuant to article 8; and

(b)a satisfactory inspection has been carried out by an inspector of the place of production of susceptible material in respect of which authority is sought, any part thereof or any other premises handling any susceptible material, for the purposes of ascertaining the plant health status of the susceptible material at that place or those premises in relation to Phytophthora ramorum and any plants or plant products there.

(6) Authority conferred upon a person under paragraphs (4) or (5) to produce, store and issue plant passports required under this Order may be withdrawn by an inspector where that inspector is satisfied that the provisions of this Order in respect of plant passports are not being fulfilled by that person.

Phytosanitary Certificates

10.—(1) The following provisions of the principal Order shall apply to a phytosanitary certificate required under this Order:–

(a)article 12(1);

(b)article 12(4), as if references to the principal Order were references to this Order;

(c)article 12(5) and (6);

(d)article 12(7), as if susceptible material were “a plant” within the meaning of the principal Order; and

(e)article 13.

(2) Where a consignment of susceptible material for which a phytosanitary certificate is required and has been issued pursuant to article 4 has been consigned to, stored, repacked or split up in a third country other than that in which the certificate was issued, the original phytosanitary certificate or a certified copy thereof shall accompany the consignment together with a reforwarding phytosanitary certificate issued by the official plant health service of that third country.

Implications of the issue of phytosanitary certificates or plant passports issued outside Scotland

11.  Any phytosanitary certificate or plant passport issued for the purposes of this Order by or with the authority of an official plant health service of a third country, Member State, another part of the United Kingdom, the Channel Islands or Isle of Man, shall be deemed to have been issued in accordance with the relevant requirements of Schedules 1 and 2.

Licences for scientific or research purposes

12.  The provisions of article 30A(6) of the principal Order (Licences for trial or scientific purposes and for work on varietal selections) shall apply in respect of the importation, movement and keeping of Phytophthora ramorum which would otherwise be prohibited under this Order as if the pest were a plant pest the importation, movement or keeping of which, but for a licence granted under the principal Order, would be prohibited.

Powers of an inspector

13.—(1) An inspector may, for the purposes of checking compliance with this Order or with the terms of a licence issued under article 12–

(a)exercise the powers conferred by article 25(1)(a) and (b) of the principal Order (subject to article 28 of that Order), as if checking compliance with the principal Order; and

(b)having entered premises by virtue of sub-paragraph (a), require production of documentation or records (in whatever form they may be held) relating to the production of or trade in any susceptible material and may examine and copy such documentation or records.

(2) Where documentation or records required to be examined by an inspector pursuant to paragraph (1)(b) are kept by means of a computer, an inspector may–

(a)require access to any computer and any associated apparatus or material which is or has been in use in connection with the documentation or records; and

(b)require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford that inspector such assistance as that inspector may reasonably require.

Offences

14.—(1) A person shall be guilty of an offence if that person, without reasonable excuse, proof of which shall lie on that person–

(a)contravenes or fails to comply with articles 3(b), 5, 7(2), 8(1); or

(b)intentionally obstructs an inspector in the exercise of the powers conferred on that inspector by or under article 13(1)(b) or (2).

(2) A person shall be guilty of an offence if, for the purpose of procuring the authority to issue a plant passport under this Order, that person–

(a)makes a statement which that person knows to be false in a material particular;

(b)recklessly makes a statement which is false in a material particular; or

(c)intentionally fails to disclose any material information.

(3) A person shall be guilty of an offence if that person knowingly issues a false plant passport.

(4) A person shall be guilty of an offence if that person knowingly alters a plant passport affixed to susceptible material or re-uses a plant passport for susceptible material not the material for which the plant passport was issued.

(5) A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Revocation and saving

15.  The Plant Health (Phytophthora ramorum) Scotland Order 2002(7) is revoked, except for the purposes of article 3 of that Order, which shall apply in respect of susceptible American material (as defined in article 2 of that Order) which is despatched from the USA before 1st November 2002 and which enters Scotland on or after 1st November 2002.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

29th October 2002

Yn ôl i’r brig

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