The Plant Health (Scotland) Amendment Order 2016

Scottish Statutory Instruments

2016 No. 83

Plant Health

The Plant Health (Scotland) Amendment Order 2016

Made

2nd February 2016

Laid before the Scottish Parliament

4th February 2016

Coming into force

21st March 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act 1967(1), section 20 of the Agriculture (Miscellaneous Provisions) Act 1972(2), paragraph 1A of Schedule 2 to the European Communities Act 1972(3) and all other powers enabling them to do so.

This Order makes provision for preventing the introduction and spread of pests in Scotland and is, in part, called for by EU obligations in Commission Implementing Directive 2014/78/EU amending Annexes I, II, III, IV and 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(4); Commission Implementing Decision 2014/237/EU on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain fruits and vegetables originating in India(5); Commission Implementing Decision (EU) 2015/237 amending Implementing Decision 2014/237/EU on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain fruits and vegetables originating in India(6); Commission Implementing Decision (EU) 2015/749 repealing Decision 2007/410/EC on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid(7); Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.)(8); Commission Implementing Decision (EU) 2015/893 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky)(9); Commission Implementing Decision (EU) 2015/1199 recognising Bosnia and Herzegovina as being free from Clavibacter michiganensis ssp. sepedonicus (Spieckerman and Kotthoff) Davis et al.(10); Commission Implementing Decision (EU) 2015/1849 on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain vegetables originating in Ghana(11); Commission Implementing Decision (EU) 2015/2417 amending Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.)(12); and Commission Implementing Decision (EU) 2015/2434 amending Implementing Decision 2014/237/EU on measures to prevent the introduction into and the spread within the Union of harmful organisms as regards certain fruits and vegetables originating in India(13).

This Order makes provision for a purpose mentioned in section 2 of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references to Commission Implementing Decision (EU) 2015/789 as regards measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells et al.) to be construed as references to that instrument as amended from time to time.

(1)

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 and further amended by S.I. 2011/1043. Section 3(4) was substituted by the Criminal Justice Act 1982 (c.48), section 42 and the Statute Law (Repeals) Act 1993 (c.50), section 1(1) and Schedule 1, Part XIV. There are other amendments which are not relevant to this Order. The functions of the Secretary of State, so far as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

1972 c.62.

(3)

1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by the European Union (Amendment) Act 2008 (c.7), section 3(3) and Schedule, Part 1.

(4)

OJ L 183, 24.6.2014, p.23.

(5)

OJ L125, 26.4.2014, p.93, as last amended by Commission Implementing Decision (EU) 2015/2434 (OJ L 334, 22.12.2015, p.61).

(6)

OJ L 39, 14.2.2015, p.21.

(7)

OJ L 119, 12.5.2015, p.25.

(8)

OJ L 125, 21.5.2015, p.36, as amended by Commission Implementing Decision (EU) 2015/2417 (OJ L 333, 19.12.2015, p.143).

(9)

OJ L 146, 11.6.2015, p.16.

(10)

OJ L 194, 22.7.2015, p.42.

(11)

OJ L 268, 15.10.2015, p.33.

(12)

OJ L 333, 19.12.2015, p.143.

(13)

OJ L 334, 22.12.2015, p.61.