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The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

S.S.I. 2019/421 · Made 11 December 2019 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 November 2025.

Plant Health

Made at 11.15 a.m. on 11th December 2019

Laid before the Scottish Parliament at 3.30 p.m. on 11th December 2019

Coming into force 14th December 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) and paragraph 1A of schedule 2 of the European Communities Act 1972 M1 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for the references to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 and to the European Union instruments mentioned in regulation 3(1) to be references to those instruments as amended from time to time.C1

Annotations to the whole text

Marginal citations

M1

1972 c.68 (“the 1972 Act”). Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), section 3(3) and schedule 1, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Paragraph 1A of schedule 2 was inserted by section 28 of the 2006 Act and was amended by the 2008 Act, schedule 1, Part 1. The 1972 Act is prospectively repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) from exit day (see section 20 of that Act).

Modifications

C1

Regulations applied in part (with modifications) (25.2.2025) by The Movement of Goods (Northern Ireland to Great Britain) (Animals, Feed and Food, Plant Health etc.) (Transitory Provision and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/217), regs. 1(1), 2, Sch. 1

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and extent
  3. 2Interpretation: general
  4. 3Interpretation: EU instruments
  5. 3AMeasures adopted pursuant to Article 30(1) of the EU Plant Health Regulation Repealed
  6. 4Article 82 of the ... Plant Health Regulation: meaning of “close proximity”
  7. Part 2: Competent authorities
  8. 5Designation of competent authority
  9. 6Disclosure of information
  10. Part 3: Official Controls on controlled consignments from third countries and other official controls on goods from third countries
  11. 7Derogation to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013
  12. 8Suspicion of non-compliance
  13. 9Consignments not correctly presented for official controls
  14. 10Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health
  15. 11Notices under regulation 8, 9 or 10
  16. 12Border control posts: authorisation of inspection centre and commercial storage facilities
  17. 13Transitional provision: approved places of inspection
  18. Part 4: Official activities to prevent the establishment or spread of plant pests
  19. 14Introduction
  20. 15Notices in relation to controlled plant pests or prohibited material
  21. 16Action which may be taken by a plant health inspector
  22. 17Establishment of demarcated areas and measures to be taken in those areas
  23. Part 5: Temporary national measures Repealed
  24. 18Temporary national measures Repealed
  25. Part 6: Registration, authorisations and certificates
  26. 19Applications for registration
  27. 20Other applications
  28. 21Authorisations for other purposes
  29. 22Authorisations granted by the Scottish Ministers
  30. Part 7: Measures relating to certain solanaceous species
  31. 23Specific measures relating to certain solanaceous species
  32. Part 8: Notification requirements
  33. 24Notification requirements in relation to seed potatoes
  34. 25Notification requirements in relation to citrus fruits Repealed
  35. 26Notification requirements in relation to other plants and plant products
  36. 27Notification requirements in relation to Tomato brown rugose fruit virus and Rose Rosette virus Repealed
  37. Part 9: General powers of inspectors and enforcement
  38. 28Interpretation
  39. 29Powers of entry
  40. 30Right of entry conferred by a warrant issued by a sheriff, a summary sheriff or a justice of the peace
  41. 31Information notices
  42. 32Failure to comply with a notice
  43. 32ARemoval of ISPM 15 mark from wood packaging material
  44. 32BMarking of wood packaging material: power of seizure
  45. 33Disclosure of information held by Revenue and Customs
  46. Part 10: General and supplemental provisions relating to notices
  47. 34Interpretation
  48. 35Miscellaneous provisions as to notices
  49. 36Service of notices
  50. Part 11: Offences
  51. 37General
  52. 38Failure to comply with requirements of notices etc.
  53. 39Defence: reasonable excuse for failure to comply with requirements of notices etc.
  54. 40Provision of false or misleading information
  55. 41Improper use of ... plant passports , Northern Ireland plant health labels or certificates
  56. 42Obstruction etc.
  57. 43Defence: reasonable excuse for obstruction etc.
  58. 44Offence relating to the disclosure of information held by Revenue and Customs
  59. 45Defence: lawful disclosure of information held by Revenue and Customs
  60. 46Offences by bodies corporate, etc.
  61. 47Penalties
  62. Part 12: Miscellaneous
  63. 48Minor and consequential amendments
  64. 49Revocation
  65. 50Transitional provisions: licences under article 39(1) of the Forestry Order or article 41(1) of the 2005 Order
  66. 51Transitional provisions: other licences under the Forestry Order or the 2005 Order
  67. 52Transitional provisions: notices
  68. 53Transitional provisions: approvals granted under article 17(1) of the Forestry Order or article 17(1) of the 2005 Order
  69. Signature
  70. Schedule 1: Temporary national measures Repealed
  71. Part 1: Introduction Repealed
  72. 1Interpretation Repealed
  73. Part 2: Plants, plant products or other objects from third countries Repealed
  74. 2Temporary measures in relation to Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr Repealed
  75. 2ATemporary measures in relation to Candidatus Phytoplasma ulmi Repealed
  76. 2BTemporary measures in relation to Agrilus planipennis Fairmaire Repealed
  77. 2CException for controlled material in transit Repealed
  78. Part 3: Plants, plant products or other objects from another part of the Union territory Repealed
  79. 3Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory Repealed
  80. 4Paragraph 4 Repealed
  81. Part 4: Official controls on consignments from third countries Repealed
  82. 5Paragraph 5 Repealed
  83. 6Application of this Part Repealed
  84. 7Notification and presentation of schedule 1 consignments Repealed
  85. 8Consignments not correctly presented for official controls Repealed
  86. 9Official controls to be performed on schedule 1 consignments Repealed
  87. 10Completion of official controls Repealed
  88. 11Removal of schedule 1 consignments from border control posts of arrival Repealed
  89. 12Measures to be taken on non-compliant schedule 1 consignments Repealed
  90. 13Measures to be taken on schedule 1 consignments Repealed
  91. 14Notification of decisions to refuse the entry of a schedule 1 consignment into Scotland Repealed
  92. 15Notices under this Part Repealed
  93. Schedule 2: Specific measures relating to certain solanaceous species
  94. Part 1: General interpretation
  95. 1Paragraph 1
  96. Part 2: General provisions relating to the planting of certain solanaceous species
  97. 2General restrictions on the planting of potatoes
  98. 3Special Measures
  99. 4Potato Cyst Nematode
  100. 5Official surveys
  101. 5AOfficial surveys
  102. 6Paragraph 6 Repealed
  103. Part 3: Measures for the control of Potato Wart Disease
  104. 7Interpretation
  105. 8Official measures relating to contaminated plots of land
  106. 9Prohibition on the planting of potatoes on contaminated plots
  107. 10Revocation of the demarcation of a contaminated plot
  108. Part 4: Measures for the control of European populations of Potato Cyst Nematode
  109. 11Standard sampling rate for official soil test
  110. 12Lower sampling rate for official soil test
  111. 13Official tests carried out before 1 July 2010
  112. 14Further reduction of standard and lower sampling rates
  113. 15Continued use of lower and reduced sampling rates
  114. 16Minimum size of soil sample
  115. 17Action following official soil test or official survey
  116. 18Notice that sampling unit is infested with Potato Cyst Nematode
  117. 19Sampling units infested with Potato Cyst Nematode: planting of potatoes not intended for production of seed potatoes
  118. 20Notice authorising planting of potatoes not intended for production of seed potatoes in sampling units infested with Potato Cyst Nematode
  119. 21Notice of contamination
  120. 22Prohibitions following issue of notice of contamination
  121. 23Notice of contamination: authorisation for movement of potatoes for industrial processing or grading
  122. 24Notices of infestation or contamination: revocation
  123. 25Further investigations
  124. 5Potato Cyst Nematode - species to which controls apply
  125. Part 6: Measures for the control of Potato Ring Rot
  126. 26Interpretation
  127. 27Official surveys and testing
  128. 28Measures to be taken following the confirmation of the presence of Potato Ring Rot
  129. 29Restrictions in relation to specified plant material or objects contaminated or probably contaminated with Potato Ring Rot
  130. 30Contaminated place of production – notice (general)
  131. 31Contaminated place of production – notice in relation to any field also designated as contaminated
  132. 32Measures in relation to a contaminated place of production
  133. 33Contaminated place of production – notice in relation to fields other than those referred to in paragraph 31
  134. 34Contaminated place of production – notice and authorisation where unit of protected crop production also designated as contaminated
  135. 35Contaminated place of production – notice under paragraph 30 requiring cleansing and disinfecting
  136. 36Demarcated zone
  137. Part 7: Measures for the control of Ralstonia solanacearum (Smith) Yabuuchi et al.
  138. 37Interpretation
  139. 38Official surveys and testing
  140. 39Measures to be taken following the confirmation of the presence of R. solanacearum
  141. 40Restrictions in relation to specified plant material or objects contaminated or probably contaminated with R. solanacearum
  142. 41Contaminated place of production – notice (general)
  143. 42Contaminated place of production – notice in relation to any field also designated as contaminated
  144. 43Measures in relation to contaminated place of production
  145. 44Contaminated place of production – notice in relation to fields other than those referred to in paragraph 42
  146. 45Contaminated place of production – notice and authorisation where unit of protected crop production also designated as contaminated
  147. 46Contaminated place of production – notice under paragraph 41
  148. 47Demarcated zones
  149. Part 8: Measures relating to potatoes originating in Egypt
  150. 48Paragraph 48
  151. Schedule 3: Offences: relevant provisions in the Plant Health Regulation, Official Controls Regulation and other assimilated legislation
  152. 1The ... Plant Health Regulation
  153. 2The Official Controls Regulation
  154. 3Other retained EU legislation
  155. Schedule 3AOffences: relevant offences in the Windsor Framework (Plant Health) Regulations 2023
  156. Schedule 4Offences: EU decisions relating to plant health Repealed
  157. Schedule 5: Amendments to secondary legislation
  158. Part 1: The Marketing of Vegetable Plant Material Regulations 1995
  159. 1Paragraph 1
  160. Part 2: The Marketing of Ornamental Plant Propagating Material Regulations 1999
  161. 2Paragraph 2
  162. Part 3: The Forest Reproductive Material (Great Britain) Regulations 2002
  163. 3Paragraph 3
  164. Part 4: The Potatoes Originating in Egypt (Scotland) Regulations 2004
  165. 4Paragraph 4 Repealed
  166. Part 5: The Plant Health (Potatoes) (Scotland) Order 2006
  167. 5Paragraph 5
  168. Part 6: The Plant Health (Fees) (Scotland) Regulations 2008
  169. 6Paragraph 6
  170. Part 7: The Waste Management Licensing (Scotland) Regulations 2011
  171. 7Paragraph 7 Repealed
  172. Part 8: The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014
  173. 8Paragraph 8
  174. Part 9: The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015
  175. 9Paragraph 9
  176. Part 10: The Seed Potatoes (Scotland) Regulations 2015
  177. 10Paragraph 10
  178. Part 11: The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017
  179. 11Paragraph 11
  180. Part 12: The Plant Health (Export Certification) (Scotland) Order 2018
  181. 12Paragraph 12
  182. Schedule 6Revocation of instruments
  183. Explanatory note