1.—(1) This Order may be cited as the Plant Health (Scotland) Amendment (No. 2) Order 1999 and shall come into force on 1 December 1999.
(2) This Order extends to Scotland only.
2. In this Order “the principal Order” means the Plant Health (Great Britain) Order 1993(1).
3. For article 8(2) of the principal Order (general provisions relating to protected zones) there shall be substituted–
“(2) Without prejudice to article 6, there shall not be moved within a protected zone described in Part B of Schedule 4–
(a)any plant, plant product or other object originating within that zone which is specified opposite the reference to that zone and is of a description specified in item 1.6, 1.7 or 1.8 of Part AII of Schedule 5 unless that plant, plant product or other object–
(i)can reasonably be taken to be free from the plant pest in respect of which that zone has been recognised on the basis of a survey carried out under paragraph (1) above; and
(ii)is accompanied by a plant passport valid for that zone;
(b)any plant originating within that zone which is specified opposite the reference to that zone and is of a description specified in any item of Part AII of Schedule 5 other than item 1.6, 1.7 or 1.8, unless that plant has been the subject of a satisfactory plant health inspection at the place of production and is accompanied by a plant passport valid for that zone.”.
4. For article 17(2) of the principal Order (authorised persons) there shall be substituted–
“(2) The authority to issue passports conferred on a business, individual or other organisation listed in the official register shall be conferred pursuant to–
(a)a satisfactory inspection by an inspector of the place of production, any plant thereof or any other premises handing any plant, plant product or other object which may require a plant passport, as appropriate, for the purpose of ascertaining for the purposes of this Order the plant health status of such plants, plant products or other objects at the place of production, any part thereof or any other premises; or
(b)in the case of any plant, plant product or other object of a description specified in article 8(2)(a) which is intended to be moved within a protected zone, the satisfactory outcome of a survey carried out under article 8(1), showing that the plant, plant product or other object can reasonably be taken to be free from the plant pest in respect of which the zone was recognised.”.
ROSS FINNIE
A member of the Scottish Executive
St Andrew’s House,
Edinburgh