OpenLegislation

Regulation 8

Original text. Later amendments are not shown.

In article 5—

(a)

in the heading, for “landing” substitute “bringing in”,

(b)

omit paragraphs (1) and (1A),

(c)

after paragraph (1A) insert—

“(1B)

No person may bring any of the following into Scotland—

(a)

any tree pest of a description specified in the list of prohibited tree pests;

(b)

any relevant material of a description specified in column 2 of Part A, B or D of the list of prohibited infested material which is carrying or infected with a tree pest of a description specified in the corresponding entry in respect of that description of relevant material in column 3;

(c)

any tree pest which, although not specified in the list of prohibited tree pests, or in column 3 of Part A, B or D of the list of prohibited infested material, is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;

(d)

any relevant material of a description specified in column 2 of Part A or B of the list of prohibited imported material which originates in a third country specified in the corresponding entry in respect of that description of relevant material in column 3;

(e)

any relevant material of a description specified in column 2 of Part A or D of the list of regulated material, unless the requirements specified in the corresponding entries in respect of that description of relevant material in column 3 are complied with;

(f)

in the case of any relevant material which is destined for a pest free area, any tree pest of a description specified in column 2 of Part B of the list of prohibited tree pests which relates to that pest free area;

(g)

in the case of any relevant material which is destined for a UK pest free area specified in column 4 of Part C of the list of prohibited infested material, any relevant material of a description specified in the corresponding entry in column 2 of Part C of that list which is carrying or infested with a tree pest of a description specified in the corresponding entry in column 3;

(h)

in the case of any relevant material which is destined for a UK pest free area specified in column 4 of Part C of the list of regulated material, any relevant material of a description specified in the corresponding entry in column 2 of that Part, unless the requirements specified in the corresponding entries in respect of that relevant material in column 3 are complied with.”,

(d)

in paragraph (2), for “paragraph (1)(d)” substitute “paragraph (1B)(d)”,

(e)

after paragraph (2) insert—

“(4)

The prohibitions in paragraph (1B)(b) to (h) do not apply to relevant material which enters a point of entry that is located in another UK territory and is discharged in that territory in accordance with article 3 of the Plant Health (Wood and Bark) (Phytophthora ramorum) Order (Northern Ireland) 2005f1, article 11 of the Plant Health (Wood and Bark) Order (Northern Ireland) 2006f2 or article 12 of any other relevant Plant Health Order.”.

Annotations

Footnotes

f1

S.R. 2005 No. 252.

f2

S.R. 2006 No. 66.