For article 40 (licences to carry out activities prohibited by this Order) substitute—

“Licences to carry out activities prohibited by this Order40.

Notwithstanding any of the provisions of this Order, any plant pest or relevant material may be landed kept, stored, sold, planted, moved or otherwise disposed of in Scotland and any other thing prohibited by this Order may be done under the authority of a licence, whether general or specific, granted by the Scottish Ministers—

(a)

in exercise of any derogation permitted by Directive 2000/29/EC; or

(b)

in relation to a 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, for the purposes of scientific research.”.