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The Plant Health (Scotland) Order 2005

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  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Title, commencement and extent

    2. 2.General interpretation

  3. PART 2 IMPORTS FROM THIRD COUNTRIES

    1. 3.Interpretation of Part 2

    2. 4.Application of Part 2

    3. 5.Prohibitions and restrictions on landing plant pests and relevant material

    4. 6.Advance notification of landing

    5. 7.Requirements for certificates

    6. 8.Exceptions from certain prohibitions and requirements

    7. 9.Presentation and display of documents

    8. 10.Prohibition on removal of relevant material from an area of plant health control

    9. 11.Exceptions from prohibition on removal of relevant material from an area of plant health control

    10. 12.Plant health discharge

    11. 13.Request to an officer for Revenue and Customs for material to be detained

    12. 14.Power of an officer for Revenue and Customs

    13. 15.General provisions relating to certificates

    14. 16.Requirements to be met by relevant material prior to inspection at its place or country of destination

    15. 17.Approved places of inspection

    16. 18.Requirement for plant health movement document

  4. PART 3 INTERNAL COMMUNITY CONTROLS ON MOVEMENT

    1. 19.Prohibitions on landing plant pests and relevant material

    2. 20.Prevention of the spread of plant pests

    3. 21.Requirements for plant passports

    4. 22.Exceptions from certain prohibitions and requirements

    5. 23.Validity of plant passports for Scotland

    6. 24.General provisions relating to plant passports

  5. PART 4 REGISTRATION OF PLANT TRADERS AND AUTHORITY TO ISSUE PLANT PASSPORTS

    1. 25.Register of plant traders

    2. 26.Obligation to register

    3. 27.Registration requirements

    4. 28.Conditions for maintaining registration as a plant trader

    5. 29.Authority to issue plant passports

  6. PART 5 SWISS TRADE AND SWISS PLANT PASSPORTS

    1. 30.Swiss trade and Swiss plant passports

  7. PART 6 MEASURES TO CONTROL THE LANDING OF RELEVANT MATERIAL AND PREVENT THE SPREAD OF PLANT PESTS

    1. 31.Examination, sampling and marking

    2. 32.Actions which may be required by an inspector

    3. 33.Actions which may be taken by an inspector

    4. 34.Miscellaneous provisions as to notices

    5. 35.Service of notices

    6. 36.Information as to compliance with notices

    7. 37.Failure to comply with a notice

    8. 38.Power to enter premises used wholly or mainly as a dwelling

  8. PART 7 PLANTING OF, AND CONTROL OF PLANT PESTS ON, CERTAIN SOLANACEOUS SPECIES

    1. 39.Miscellaneous provisions for certain solanaceous species

  9. PART 8 LICENCES

    1. 40.Licences to carry out activities prohibited by this Order

    2. 41.Licences for trial or scientific purposes and for work on varietal selections

  10. PART 9 NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION

    1. 42.Notification of the presence or suspected presence of certain plant pests

    2. 43.Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material

    3. 44.Information to be given

  11. PART 10 OFFENCES

    1. 45.Offences

    2. 46.Penalties

  12. PART 11 THE CUSTOMS ACT AND REVOCATION

    1. 47.The Customs Act

    2. 48.Revocation

  13. Signature

    1. SCHEDULE 1

      Plant pests which shall not be landed in or spread within Scotland

      1. PART A Plant pests not known to occur in any part of the European Community

      2. PART B Plant pests known to occur in the European Community

    2. SCHEDULE 2

      Relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests

      1. PART A Plant pests not known to occur in the European Community

      2. PART B Plant pests known to occur in the European Community

    3. SCHEDULE 3

      Relevant material which may not be landed in Scotland if that material originates in certain third countries

    4. SCHEDULE 4

      Restrictions on the landing in and movement within Scotland of relevant material

      1. PART A Relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied

      2. PART B Relevant material, from another part of the European Community, which may only be landed in or moved within Scotland if special requirements are satisfied

      3. PART C Relevant material which may only be landed in or moved within Scotland (as a protected zone) if special requirements are satisfied

    5. SCHEDULE 5

      Relevant material from a third country for which a phytosanitary certificate may be required

      1. PART A Relevant material which may only be landed in Scotland if accompanied by a phytosanitary certificate

      2. PART B Relevant material which, if destined for certain protected zones, may only be landed in Scotland if accompanied by a phytosanitary certificate

    6. SCHEDULE 6

      Prohibitions on the landing in and movement within Scotland of relevant material without a plant passport

      1. PART A Relevant material, from Scotland or elsewhere in the European Community, which may only be landed in or moved within Scotland if accompanied by a plant passport

      2. PART B Relevant material, from Scotland or elsewhere in the European Community, which may only be landed in or moved within Scotland if accompanied by a plant passport which is valid for Scotland (as a protected zone)

    7. SCHEDULE 7

      Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport

      1. PART A Relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport

      2. PART B Relevant material which may only be consigned to a protected zone in another part of the European Community if accompanied by a plant passport which is valid for that protected zone

    8. SCHEDULE 8

      Swiss plant passports

      1. PART A Relevant material originating in Switzerland which may be landed in or moved within Scotland if accompanied by a Swiss plant passport

      2. PART B Relevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in Scotland if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport or may be landed without phytosanitary documentation

    9. SCHEDULE 9

      Requirements for plant passports

      1. PART A Requirements for plants passports for any relevant material in Schedule 6 or 7

      2. PART B Requirements for plant passports permitted for certain material in Schedule 6 or 7

    10. SCHEDULE 10

      Form of phytosanitary certificate and form of phytosanitary certificate for re-export required by article 15(1)

      1. PART A Form of phytosanitary certificate

      2. PART B Form of phytosanitary certificate for re-export

    11. SCHEDULE 11

      Form of phytosanitary certificate and form of phytosanitary certificate for re-export permitted by article 15(1)

      1. PART A Form of phytosanitary certificate

      2. PART B Form of phytosanitary certificate for re-export

    12. SCHEDULE 12

      Notice of landing

    13. SCHEDULE 13

      Plant health movement document

    14. SCHEDULE 14

      Special measures for the control of Potato Wart Disease

    15. SCHEDULE 15

      Special measures for the control of Potato Cyst Nematode

    16. SCHEDULE 16

      Special measures for the control of Potato Ring Rot

    17. SCHEDULE 17

      Ralstonia solanacearum

      1. PART A Special measures for the control of Ralstonia solanacearum

      2. PART B Demarcation of zones for the control of Ralstonia solanacearum

    18. SCHEDULE 18

      Notification requirements

    19. SCHEDULE 19

      Revocation of Orders

  15. Explanatory Note

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