The Plant Health (Scotland) Amendment (No. 2) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (Scotland) Order 2005 (“the principal Order”) to include emergency measures to prevent the introduction and spread of Chalara fraxinea T. Kowalski, including its teleomorph Hymenoscyphus pseudoalbidus, a cause of ash dieback.

In particular, the Order:

(a) prohibits the landing in or the spread within Scotland of Chalara fraxinea T. Kowalski (article 6);

(b) prohibits the landing in or the movement within Scotland of plants of Fraxinus L. intended for planting which are infected with Chalara fraxinea T. Kowalski (article 7));

(c) imposes additional requirements on the landing in or movement within Scotland of plants of Fraxinus L. intended for planting (articles 8 to 10); and

(d) imposes additional requirements on the consignment from Scotland to other parts of the European Union of plants of Fraxinus L. intended for planting (article 11)).

Emergency measures to prevent the introduction and spread of Chalara fraxinea T. Kowalski were introduced by the Plant Health (Forestry) (Amendment) Order 2012 (S.I. 2012/2707). Under section 1(2)(a) of the Plant Health Act 1967 (“the 1967 Act”) the competent authority for those measures in relation to the protection of forest trees and timber is the Forestry Commissioners. This Order enables the Scottish Ministers to act as competent authority for Scotland, under section 1(2)(b) of the 1967 Act, in relation to measures to prevent the introduction and spread of Chalara fraxinea T. Kowalski otherwise.