The Plant Health (Phytophthora ramorum) (Scotland) Order 2004

Interpretation

2.—(1) 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;

“origin” means, in respect of susceptible material, the place where the material is grown or produced, and “originating” 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 either–

(a)

in the form set out in Schedule 14 of the principal Order and issued in compliance with the provisions of this Order; or

(b)

the equivalent in a language other than English;

“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;

“plant passport” means either–

(a)

a label and, where appropriate, an accompanying document issued in the European Community containing the relevant information in Schedule 9 to the principal Order which gives evidence that the provisions of this Order relating to plant health standards and special requirements for plants and plant products moving within the European Community have been complied with; or

(b)

except for the purposes of article 8(1), a Swiss plant passport;

“plant product” has the same meaning as that given in article 2(1) of the principal Order, save that “plant” has the meaning given to it in this Order;

“premises” has the same meaning as that given in article 2(1) of the principal Order;

“the principal Order” means the Plant Health (Great Britain) Order 1993(1);

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

“susceptible material” means–

(a)

in the case of material originating in the United States of America (“USA”), plants intended for planting, of the species and genera listed in the first column of Schedule 1; and

(b)

in all other cases, plants, intended for planting, of Camellia spp. Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp. L.;

“susceptible tree” means a tree, excluding fruit or seeds, of the species and genera listed in the first column of Schedule 1;

“Swiss plant passport” means a label and, where appropriate, an accompanying document issued in Switzerland in accordance with Swiss legislation which–

(a)

contains information that gives evidence that the legislation in Switzerland relating to plant health standards and special requirements for plants and plant products moving into and within Switzerland have been complied with; and

(b)

relates to a plant intended for planting of Camellia spp., Rhododendron spp. L., other than Rhododendron simsii Planch. or Viburnum spp L.;

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

“tree” has the same meaning as that given in article 2(1) of the Plant Health (Forestry) (Great Britain) Order 1993(2).

(2) Any reference in this Order to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000(3), which has been recorded and is consequently capable of being reproduced.

(1)

S.I. 1993/1320; amended by S.I. 1993/3213, 1995/1358 and 2929, 1996/25, 1165 and 3242, 1997/1145 and 2907, 1998/349, 1121 and 2245 S.S.I. 1999/22 and 129, 2000/201, 201/249, 2002/164 and 2003/224.

(2)

S.I. 1993/1283, to which there are amendments not relevant to this Order.

(3)

2000 c. 7.