Search Legislation

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

Status:

This is the original version (as it was originally made).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

Amendment of the Plant Health (Scotland) Order 2005

This section has no associated Policy Notes

7.—(1) In schedule 4 (Restrictions on the landing in and movement within Scotland of relevant material)(1), in Part A (relevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied), after item 3 insert—

3a.Plants, other than fruit and seeds, of the following genera and species originating in the USA—The plants must be accompanied by an official statement:

Acer macrophyllum Pursh, Acer pseudoplatanus L., Adiantum aleuticum (Rupr.) Paris,

Adiantum jordanii C. Muell., Aesculus californica (Spach) Nutt.,

Aesculus hippocastanum L., Arbutus menziesii Pursch., Arbutus unedo L., Arctostaphylos spp. Adans, Calluna vulgaris (L.) Hull, Camellia spp. L.,

Castanea sativa Mill.,

Fagus sylvatica L., Frangula californica (Eschsch.) Gray, Frangula purshiana (DC.) Cooper,

Fraxinus excelsior L., Griselinia littoralis (Raoul), Hamamelis virginiana L., Heteromeles arbutifolia (Lindley) M. Roemer,

Kalmia latifolia L., Laurus nobilis L.,

Leucothoe spp. D. Don, Lithocarpus densiflorus (Hook. & Arn.) Rehd., Lonicera hispidula (Lindl.) Dougl. ex Torr.&Gray, Magnolia spp. L.,

Michelia doltsopa Buch.-Ham. ex DC,

Nothofagus obliqua (Mirbel) Blume,

Osmanthus heterophyllus (G. Don) P. S. Green,

Parrotia persica (DC) C.A. Meyer,

Photinia x fraseri Dress, Pieris spp. D. Don, Pseudotsuga menziesii (Mirbel) Franco,

Quercus spp. L., Rhododendron spp. L., other than Rhododendron simsii Planch.,

Rosa gymnocarpa Nutt.,

Salix caprea L.,

Sequoia sempervirens (Lamb. ex D. Don) Endl., Syringa vulgaris L.,

Taxus spp. L.,

Trientalis latifolia (Hook), Umbellularia californica (Hook. & Arn.) Nutt., Vaccinium ovatum Pursh and Viburnum spp. L. (for the purposes of column 3 of this item, “susceptible material”)

(a)

either—

(i)

under the heading “Additional declaration” that the material originates in an area recognised by the official plant health service of the country from which the material originates (“the relevant plant health service”) as being free from non-European isolates of Phytophthora ramorum, in which case the name of the area from where the material originates must be specified under the heading “place of origin”; or

(ii)

that the phytosanitary certificate was issued only after official verification by the relevant plant health service that no signs of non-European isolates of Phytophthora ramorum have been observed on any susceptible material, (except fruit and seeds), at the place of production during official inspections, including during laboratory testing of any suspicious symptoms carried out since the beginning of the last complete cycle of vegetation, and

(b)

the phytosanitary certificate must be issued only after representative samples of the plants have been taken before shipment, and have been tested and found free from non-European isolates of Phytophthora ramorum in these tests, in which case the phytosanitary certificate must be endorsed by the relevant plant health service under the heading “additional declaration” with the statement “tested and found free from non-European isolates of Phytophthora ramorum Werres, De Cock & Man in’t Veld sp. nov..”

(2) In schedule 4, in Part B (Relevant material, from another part of the European Union, which may only be landed in or moved within Scotland if special requirements are satisfied), after item 41 insert—

42.Plants, other than seeds, of Viburnum spp. L, Camellia spp. or Rhododendron spp. L., other than Rhododendron simsii Planch, intended for planting (for the purposes of column 3, “susceptible material”).The plants must be accompanied by an official statement either that:
(a)

they originate in areas in which Phytophthora ramorum is known not to occur,

(b)

upon official inspection at the place of production, carried out at least twice at an appropriate time when the susceptible material is in active growth, or upon laboratory testing of apparent symptoms of Phytophthora ramorum, no signs of Phytophthora ramorum have been found on the material during the last complete cycle of vegetation, or

(c)

where signs of Phytophthora ramorum have been found on the susceptible material at the place of production, appropriate procedures aimed at eradicating Phytophthora ramorum have been implemented which include at least the following measures:

(i)

the destruction of susceptible material found to be infected by Phytophthora ramorum (“infected material”) and any other susceptible material, including associated growing media and plant debris, within a radius of two metres of the infected material,

(ii)

susceptible material within a radius of ten metres of the infected material and all other susceptible material from the same lot as the infected material have been retained at the place of production and, in the three months following the finding of infection referred to in sub- paragraph (i), have not been subject to any treatments that may suppress symptoms of Phytophthora ramorum and have been found free from Phytophthora ramorum after additional inspections carried out at least twice,

(iii)

all other susceptible material at the place of production has been inspected frequently following the finding of infection referred to in sub-paragraph (i) and found on such inspection to be free from Phytophthora ramorum, and

(iv)

appropriate phytosanitary measures have been taken within a radius of two metres from where infected plants have been standing..

(1)

Schedule 4 is substituted by Part 3 of these Regulations.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

Policy Note

Policy 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 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

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