2008 No. 300
The Plant Health (Scotland) Amendment Order 2008
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act 1967 F1, as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972 F2, and paragraph 1A of Schedule 2 to the European Communities Act 1972 F3 and all other powers enabling them to do so.
The Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 F4 and it appears to the Scottish Ministers that it is expedient for the references to Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EEC may be introduced into or moved within the Community or certain protected zones thereof for trial or scientific purposes and for work on varietal selections F5 to be construed as references to that instrument as amended from time to time.
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).
1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
O.J. No L 158, 18.6.2008, p.41.
Citation and commencement1
This Order may be cited as the Plant Health (Scotland) Amendment Order 2008 and comes into force on 1st October 2008.
Amendments to the Plant Health (Scotland) Order 20052
The Plant Health (Scotland) Order 2005 F6 is amended in accordance with articles 3 to 16.
Amendment of Article 23
In article 2(1)(general interpretation) at the appropriate place in accordance with alphabetical order insert–
“seed potato” means any potato intended for planting.
Amendment of part 34
F121
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of part 85
1
In part 8 (licences), in article 41 (licences for trial or scientific purposes and for work on varietal selections), in paragraph (1) for “Directive 95/44/EC of 26th July 1995” substitute “
Directive 2008/61/EC of 17th June 2008
”
F7;
2
In paragraphs (2), (6) and (7)(a)(i) of article 41 for “Directive 95/44 EC”
(wherever it occurs) substitute “
Directive 2008/61 EC
”
.
3
For paragraph (7)(b) of article 41 substitute–
b
“Directive 2008/61/EC” means Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections.
Amendment of part 106
In part 10 (offences), in article 45 (offences) after paragraph (1)(a)(v) insert “
(vA) article 19A;
”
;
Amendment of Schedule 17
In Schedule 1 (plant pests which shall not be landed in or spread within Scotland), Part B (plant pests known to occur in the European Community), under the first heading (Insects, mites and nematodes), omit item 4, “Heliothis armigera (Hübner)”.
Amendment of Schedule 28
In Schedule 2 (relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests), part B (plant pests known to occur in the European Community) after item 10 in the table headed “Insects, mites and nematodes” insert–
11.
Plants other than seeds of Dendranthema (DC.) Des Moul, Dianthus L., Pelargonium L'Herit ex Ait. and of the family Solanaceae, intended for planting
Helicoverpa armigera (Hübner)
9
In Schedule 2, part B (plant pests known to occur in the European Community) in the table headed “Fungi” omit the entries for item 2 (Colletotrichum acutatum).
Amendment of Schedule 310
In Schedule 3 (relevant material which may not be landed in Scotland if that material originates in certain third countries), at item 8, in column 3, omit “Bulgaria”F8.
Amendment of Schedule 4F911
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
In Schedule 4, part A, at item 71, in column 2, after “seeds,” insert “
bulbs,
”
.
F1013
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of Schedule 814
In Schedule 8 (Swiss Plant Passports), in part A (relevant material originating in Switzerland which may be landed in or moved within Scotland if accompanied by a Swiss plant passport) at item 2, omit “other than Sorbus intermedia (Ehrh.) Pers”.
15
In Schedule 8, in part A at item 5, in paragraph (d) after “Allium schoenoprasum L.,”, insert “
, Helianthus annuus L., Lycopersicon lycopersicum
(L.) Karsten ex Farw, Medicago sativa< L., Phaseolus L.
”
1967 c. 8; sections 2(1) and 3(1) were amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48) and further amended by section 17(1) of the Criminal Justice Act 1991 (c. 53) and the Statute Law (Repeals) Act 1993 (c. 50), section 1(1) and Schedule 1, Part XIV. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).