The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

CHAPTER 4Amendment of Part 4

45.  In article 25 (register of plant traders), omit paragraph (2).

46.  In article 28A (duties of professional operators in relation to Xylella fastidiosa (Wells et al.)(1)—

(a)in paragraph (1)(2) in sub-paragraph (a) for “an area demarcated” to the end of that sub-paragraph substitute “a demarcated area”,

(b)in paragraph (4)(e) for “plant passport” substitute “UK plant passport”, and

(c)for paragraph (5) substitute—

(5) In this article—

(a)“demarcated area” means—

(i)an area demarcated under paragraph 5 of schedule 8G or, in relation to England, Wales and Northern Ireland under paragraph 5 of schedule 15 of the Plant Health Regulations; or

(ii)a CD territory in which Xylella fastidiosa (Wells et al.) has been confirmed to be present;

(b)“plants specified in relation to Xylella fastidiosa (Wells et al.” means plants specified in items 11 and 12 of Part E of the list of regulated material,

(c)“professional operator” means any person who, in the course of a trade, business or profession, is involved in planting, breeding, producing, importing, marketing or distributing plants..

47.  In article 29 (authority to issue plant passports)—

(a)in the heading and in paragraphs (1)(3), (4), (5) and (6) for “plant passports” in each place where it occurs, substitute “UK plant passports”,

(b)in paragraphs (3)(a) and (5)(a) for “relevant organisms” substitute “regulated plant pests”, and

(c)omit paragraph (7).

(1)

Article 28A was inserted by S.S.I. 2016/83.

(2)

Paragraph 1 was substituted by S.S.I. 2018/112.

(3)

Paragraph (1) was amended by S.S.I. 2006/474.