http://www.legislation.gov.uk/ssi/2005/613/article/20/madeThe Plant Health (Scotland) Order 2005Plant healthPests and pest controlKing's Printer for Scotland2016-08-26PLANT HEALTH The Plant Health (Scotland) Order 2005 (“this Order”), which extends to Scotland only, revokes and consolidates with amendments the Plant Health (Great Britain) Order 1993 (SI 1993/1320) (in its application to Scotland). This Order also implements–Council Directive 2002/89/EC (O.J. No. L 355, 30.12.02, p.45) amending 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;Commission Directive 2004/103/EC (O.J. No. L 313, 12.10.04, p.16) on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks;Commission Directive 2004/105/EC (O.J. No. L 319, 20.10.04, p.9) determining the models of phytosanitary certificates or phytosanitary certificates for re export accompanying plants, plant products or other objects from third countries and listed in Council Directive 2000/29/EC;Commission Directive 2005/16/EC (O.J. No. L 57, 3.3.05, p.19) amending Annexes I to V 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;Commission Directive 2005/17/EC (O.J. No. L 57, 3.3.05, p.23) amending certain provisions of Directive 92/105/EEC concerning plant passports; andCommission Decision 2005/260/EC (O.J. No. L 78, 24.3.05, p.50) which comprises Decision No. 2/2005 of the Joint Committee on Agriculture set up by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products concerning the amendments to the Appendices to Annex 4. PART 3INTERNAL COMMUNITY CONTROLS ON MOVEMENTPrevention of the spread of plant pests 20 1 No person shall knowingly keep, store, sell, plant, move or otherwise dispose of or knowingly cause or permit to be kept, stored, sold, planted, moved or otherwise disposed of– a any plant pest of a description specified in Schedule 1; b any relevant material of a description specified in column 2 of Schedule 2 carrying or infected with a plant pest of a description specified in column 3 of that Schedule opposite the reference to that relevant material; c any plant pest which, although not specified in Schedule 1 or in column 3 of Schedule 2, is not normally present in Great Britain and which is likely to be injurious to plants in Great Britain; d any relevant material landed in contravention of article 5(1)(d), (e) or (f) or article 19(1)(d),(e), (f) or (g); e subject to article 22, any relevant material of a description specified in column 2 of Part B of Schedule 4 which originates in Great Britain, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with; f subject to article 22 and without prejudice to any requirements specified in column 3 of Part B of Schedule 4 relating to the relevant material, any relevant material of a description specified in column 2 of Part C of Schedule 4 which originates in Great Britain, unless the requirements specified in column 3 of that Part opposite the reference to that relevant material have been complied with; or g any relevant material introduced into Scotland from England or Wales which, if it had been introduced from a third country or from another part of the European Community, would have contravened article 5(1)(d), (e) or (f) or article 19(1)(d), (e), (f) or (g). 2 Nothing in paragraph (1) shall prohibit the keeping, storing, moving or otherwise disposing of any plant pest or relevant material referred to in that paragraph in compliance with any requirement imposed by an inspector under Part 6 in respect of that plant pest or relevant material.