The Plant Health (Forestry) Amendment (Scotland) Order 2019

Scottish Statutory Instruments

2019 No. 278

Plant Health

The Plant Health (Forestry) Amendment (Scotland) Order 2019

Made

3rd September 2019

Laid before the Scottish Parliament

5th September 2019

Coming into force

31st October 2019

The Scottish Ministers make this Order in exercise of the powers conferred by sections 2 and 3 of the Plant Health Act 1967(1) and paragraph 1A of schedule 2 of the European Communities Act 1972(2) and all other powers enabling them to do so.

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972(3) and it appears to the Scottish Ministers that it is expedient for the references to the European Union instrument mentioned in article 3(b) to be construed as references to that instrument as amended from time to time.

This Order makes provision for preventing the introduction and spread of pests in Scotland and is called for by EU obligations in Commission Implementing Decision (EU) 2018/1503 establishing measures to prevent the introduction into and the spread within the Union of Aromia bungii (Faldermann), Commission Implementing Decision (EU) 2018/1959 derogating from Council Directive 2000/29/EC as regards measures to prevent the introduction into and the spread within the Union of the harmful organism Agrilus planipennis (Fairmaire) through wood originating in Canada and in the United States of America and Commission Implementing Directive (EU) 2019/523 amending Annexes 1 to 5 to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community.

(1)

1967 c.8. Section 2 was amended by paragraph 8(2)(a) of schedule 4 of the European Communities Act 1972 (c. 68), Part 1 of the table in paragraph 12 of schedule 4 of the Customs and Excise Management Act 1979 (c.2), S.I. 1990/2371 and S.I. 2011/1043. Section 3(1) was amended by paragraph 8(2)(a) and (b) of schedule 4 of the European Communities Act 1972 and S.I. 2011/1043. The powers conferred by sections 2 and 3 are conferred on a “competent authority”, which is defined in section 1(2). Section 1(2) provides that the Scottish Ministers are the competent authority for Scotland for the purposes of the Plant Health Act 1967.

(2)

1972 c.68. Paragraph 1A of schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and amended by Part 1 of the schedule of the European Union (Amendment) Act 2008 (c. 7) and S.I. 2007/1388.

(3)

Section 2(2) was amended by paragraph 15(3) of schedule 8 of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by section 3(3) and Part 1 of schedule 1 of the European Union (Amendment) Act 2008 (c.7). The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.