Search Legislation

The Plant Health (Scotland) Amendment Order 2008

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation and commencement

1.  This Order may be cited as the Plant Health (Scotland) Amendment Order 2008 and comes into force on 1st October 2008.

Amendments to the Plant Health (Scotland) Order 2005

2.  The Plant Health (Scotland) Order 2005(1) is amended in accordance with articles 3 to 16.

Amendment of Article 2

3.  In article 2(1)(general interpretation) at the appropriate place in accordance with alphabetical order insert–

“seed potato” means any potato intended for planting..

Amendment of part 3

4.—(1) In Part 3 (internal community controls on movement), in article 19(1) (prohibitions on landing plant pests and relevant material) after “paragraph (2)” insert “and article 19A”.

(2) In Part 3 after article 19 insert–

Introduction of seed potatoes into Scotland

19A.(1) No person shall introduce seed potatoes into Scotland unless that person has given written notification to an inspector at least forty eight hours prior to the intended date of introduction of their intention to introduce the potatoes and of–

(a)the proposed time, date and means of introduction;

(b)the proposed point of entry;

(c)the proposed destination;

(d)the variety;

(e)the quantity; and

(f)the producer’s identification number or the reference number of the lot.

(2) Where an inspector is satisfied that a lot comprises seed potatoes grown outwith Scotland and that no notification has been given as required by paragraph (1), then the inspector may serve a notice requiring the person introducing the potatoes to notify the Scottish Ministers within such period as is specified in the notice of the matters specified in paragraph (1)(a) to (f)..

Amendment of part 8

5.—(1) In part 8 (licences), in article 41 (licences for trial or scientific purposes and for work on varietal selections), in paragraph (1) for “Directive 95/44/EC of 26th July 1995” substitute “Directive 2008/61/EC of 17th June 2008”(2);

(2) In paragraphs (2), (6) and (7)(a)(i) of article 41 for “Directive 95/44 EC” (wherever it occurs) substitute “Directive 2008/61 EC”.

(3) For paragraph (7)(b) of article 41 substitute–

(b)“Directive 2008/61/EC” means Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections..

Amendment of part 10

6.  In part 10 (offences), in article 45 (offences) after paragraph (1)(a)(v) insert “(vA) article 19A;”;

Amendment of Schedule 1

7.  In Schedule 1 (plant pests which shall not be landed in or spread within Scotland), Part B (plant pests known to occur in the European Community), under the first heading (Insects, mites and nematodes), omit item 4, “Heliothis armigera (Hübner)”.

Amendment of Schedule 2

8.  In Schedule 2 (relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests), part B (plant pests known to occur in the European Community) after item 10 in the table headed “Insects, mites and nematodes” insert–

11.Plants other than seeds of Dendranthema (DC.) Des Moul, Dianthus L., Pelargonium L'Herit ex Ait. and of the family Solanaceae, intended for plantingHelicoverpa armigera (Hübner)

9.  In Schedule 2, part B (plant pests known to occur in the European Community) in the table headed “Fungi” omit the entries for item 2 (Colletotrichum acutatum).

Amendment of Schedule 3

10.  In Schedule 3 (relevant material which may not be landed in Scotland if that material originates in certain third countries), at item 8, in column 3, omit “Bulgaria”(3).

Amendment of Schedule 4

11.  In Schedule 4 (restrictions on the landing in and movement within Scotland of relevant material), part A (relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied), at item 41, in column 2 at paragraph (a) for “Heliothis armigera Hübner” substitute “Helicoverpa armigera (Hübner)”.

12.  In Schedule 4, part A, at item 71, in column 2, after “seeds,” insert “bulbs,”.

13.  In Schedule 4, 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), at item 23 in column 2 at paragraph (a) for “Heliothis armigera Hübner” substitute “Helicoverpa armigera (Hübner)”.

Amendment of Schedule 8

14.  In Schedule 8 (Swiss Plant Passports), in part A (relevant material originating in Switzerland which may be landed in or moved within Scotland if accompanied by a Swiss plant passport) at item 2, omit “other than Sorbus intermedia (Ehrh.) Pers”.

15.  In Schedule 8, in part A at item 5, in paragraph (d) after “Allium schoenoprasum L.,”, insert “, Helianthus annuus L., Lycopersicon lycopersicum (L.) Karsten ex Farw, Medicago sativa< L., Phaseolus L.”

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

5th September 2008

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources