The Plant Health (Phytophthora ramorum) (Scotland) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order implements measures to prevent the introduction and spread of the pest Phytophthora ramorum, a fungus which is not established in Scotland. It regulates the importation and movement into and within Scotland of plant material identified as susceptible to the pest, believed to cause Sudden Oak Death syndrome in certain species of oak in the USA, and harm to Rhododendron, Viburnum and other plants.

This Order restricts the importation of a number of plant genera, including Rhododendron and Viburnum (“susceptible American material”) directly from the USA by requiring that such imports be accompanied by a phytosanitary certificate which confirms that the material originates from a location which is officially recognised in the USA as free from the pest (article 3). This requirement is imposed in addition to the requirements of the Plant Health (Great Britain) Order 1993 (S.I. 1993/1320) (see article 3(1)(d) and Schedule 4, Part A, section 1, article 3(1)(e) and Schedule 5, Part B, section 1, and article 3(1)(f)) and applies whether the importer is acting in the course of a trade or business or not. Susceptible American material which is imported after the coming into force of this Order on 13th May 2002, but which is accompanied by a phytosanitary certificate issued before that date, is exempted from the import requirement of this Order.

Commercial movements into Scotland of susceptible material (plant genera of the species Rhododendron and Viburnum) whether from elsewhere in the UK or from any other country, must be notified to a inspector by the person occupying premises at which delivery of the material is taken (article 4(1)). Commercial movements within Scotland of susceptible material must be notified to a inspector by the person occupying premises from which the material is despatched (article 4(2)). The notification requirements apply only to persons acting in the course of a trade or business (article 5(2)).

An inspector may dispense with any or all of the requirements for notification where that inspector obtains sufficient information about any susceptible material falling under this Order (article 6(1)).

An inspector acting under this Order may exercise powers to check compliance (by examining, sampling and marking property and/or premises) conferred by article 25(1)(a) and (b) of the principal Order (“article 25 powers”) (article 6(2)(a)) and may inspect documents, including documents and records held on computer, when exercising article 25 powers (article 6(2)(b) and (3)). Any article 25 power exercised under this Order has the same effect as if exercised under the relevant article of the principal Order so that once that power is exercised, the relevant consequential provisions of the principal Order, including provisions as to offences, take effect (article 6(4)).

Offences are created in respect of the contravention or failure to comply with the notification requirements of the Order (article 7) (note that breach of the provision prohibiting certain imports from the USA without the requisite phytosanitary certificate is an offence under section 50 of the Customs & Excise Management Act 1979).