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The Plant Health (Scotland) Order 2005

S.S.I. 2005/613 · Made 30 November 2005

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PLANT HEALTH

Made 30th November 2005

Laid before the Scottish Parliament 1st December 2005

Coming into force 31st December 2005

The Scottish Ministers, in exercise of the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act 1967f1, as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972f2, and of all other powers enabling them in that behalf hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1967 c. 8; sections 2(1), 3(1) and (2) and 4(1) were amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48) and further amended by section 17(1) of the Criminal Justice Act 1991 (c. 53) and the Statute Law (Repeals) Act 1993 (c. 50), section 1(1) and Schedule 1, Part XIV. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

f2

1972 c. 62.

Contents

  1. Part 1: GENERAL
  2. 1Title, commencement and extent
  3. 2General interpretation
  4. Part 2: IMPORTS FROM THIRD COUNTRIES
  5. 3Interpretation of Part 2
  6. 4Application of Part 2
  7. 5Prohibitions and restrictions on landing plant pests and relevant material
  8. 6Advance notification of landing
  9. 7Requirements for certificates
  10. 8Exceptions from certain prohibitions and requirements
  11. 9Presentation and display of documents
  12. 10Prohibition on removal of relevant material from an area of plant health control
  13. 11Exceptions from prohibition on removal of relevant material from an area of plant health control
  14. 12Plant health discharge
  15. 13Request to an officer for Revenue and Customs for material to be detained
  16. 14Power of an officer for Revenue and Customs
  17. 15General provisions relating to certificates
  18. 16Requirements to be met by relevant material prior to inspection at its place or country of destination
  19. 17Approved places of inspection
  20. 18Requirement for plant health movement document
  21. Part 3: INTERNAL COMMUNITY CONTROLS ON MOVEMENT
  22. 19Prohibitions on landing plant pests and relevant material
  23. 20Prevention of the spread of plant pests
  24. 21Requirements for plant passports
  25. 22Exceptions from certain prohibitions and requirements
  26. 23Validity of plant passports for Scotland
  27. 24General provisions relating to plant passports
  28. Part 4: REGISTRATION OF PLANT TRADERS AND AUTHORITY TO ISSUE PLANT PASSPORTS
  29. 25Register of plant traders
  30. 26Obligation to register
  31. 27Registration requirements
  32. 28Conditions for maintaining registration as a plant trader
  33. 29Authority to issue plant passports
  34. Part 5: SWISS TRADE AND SWISS PLANT PASSPORTS
  35. 30Swiss trade and Swiss plant passports
  36. Part 6: MEASURES TO CONTROL THE LANDING OF RELEVANT MATERIAL AND PREVENT THE SPREAD OF PLANT PESTS
  37. 31Examination, sampling and marking
  38. 32Actions which may be required by an inspector
  39. 33Actions which may be taken by an inspector
  40. 34Miscellaneous provisions as to notices
  41. 35Service of notices
  42. 36Information as to compliance with notices
  43. 37Failure to comply with a notice
  44. 38Power to enter premises used wholly or mainly as a dwelling
  45. Part 7: PLANTING OF, AND CONTROL OF PLANT PESTS ON, CERTAIN SOLANACEOUS SPECIES
  46. 39Miscellaneous provisions for certain solanaceous species
  47. Part 8: LICENCES
  48. 40Licences to carry out activities prohibited by this Order
  49. 41Licences for trial or scientific purposes and for work on varietal selections
  50. Part 9: NOTIFICATIONS, PROVISION AND EXCHANGE OF INFORMATION
  51. 42Notification of the presence or suspected presence of certain plant pests
  52. 43Notification of the likely entry into, or presence in, a free zone of plant pests or relevant material
  53. 44Information to be given
  54. Part 10: OFFENCES
  55. 45Offences
  56. 46Penalties
  57. Part 11: THE CUSTOMS ACT AND REVOCATION
  58. 47The Customs Act
  59. 48Revocation
  60. Signature
  61. Schedule 1: Plant pests which shall not be landed in or spread within Scotland
  62. APlant pests not known to occur in any part of the European Community
  63. BPlant pests known to occur in the European Community
  64. Schedule 2: Relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests
  65. APlant pests not known to occur in the European Community
  66. BPlant pests known to occur in the European Community
  67. Schedule 3Relevant material which may not be landed in Scotland if that material originates in certain third countries
  68. Schedule 4: Restrictions on the landing in and movement within Scotland of relevant material
  69. ARelevant material, from third countries, which may only be landed in Scotland if special requirements are satisfied
  70. BRelevant material, from another part of the European Community, which may only be landed in or moved within Scotland if special requirements are satisfied
  71. CRelevant material which may only be landed in or moved within Scotland (as a protected zone) if special requirements are satisfied
  72. Schedule 5: Relevant material from a third country for which a phytosanitary certificate may be required
  73. Part A: Relevant material which may only be landed in Scotland if accompanied by a phytosanitary certificate
  74. 1Paragraph 1
  75. 2Paragraph 2
  76. 3Paragraph 3
  77. 4Paragraph 4
  78. 5Paragraph 5
  79. 6Paragraph 6
  80. 7Paragraph 7
  81. Part B: Relevant material which, if destined for certain protected zones, may only be landed in Scotland if accompanied by a phytosanitary certificate
  82. 1Paragraph 1
  83. 2Paragraph 2
  84. 3Paragraph 3
  85. 4Paragraph 4
  86. 5Paragraph 5
  87. 6Paragraph 6
  88. 7Paragraph 7
  89. 8Paragraph 8
  90. Schedule 6: Prohibitions on the landing in and movement within Scotland of relevant material without a plant passport
  91. Part A: Relevant material, from Scotland or elsewhere in the European Community, which may only be landed in or moved within Scotland if accompanied by a plant passport
  92. 1Paragraph 1
  93. 2Paragraph 2
  94. 3Paragraph 3
  95. 4Paragraph 4
  96. 5Paragraph 5
  97. 6Paragraph 6
  98. 7Paragraph 7
  99. Part B: Relevant material, from Scotland or elsewhere in the European Community, which may only be landed in or moved within Scotland if accompanied by a plant passport which is valid for Scotland (as a protected zone)
  100. 1Paragraph 1
  101. Schedule 7: Prohibitions on the consignment of relevant material to another part of the European Community without a plant passport
  102. Part A: Relevant material which may only be consigned to another part of the European Community if accompanied by a plant passport
  103. 1Paragraph 1
  104. 2Paragraph 2
  105. 3Paragraph 3
  106. 4Paragraph 4
  107. 5Paragraph 5
  108. 6Paragraph 6
  109. 7Paragraph 7
  110. Part B: Relevant material which may only be consigned to a protected zone in another part of the European Community if accompanied by a plant passport which is valid for that protected zone
  111. 1Paragraph 1
  112. 2Paragraph 2
  113. 3Paragraph 3
  114. 4Paragraph 4
  115. 5Paragraph 5
  116. 6Paragraph 6
  117. 7Paragraph 7
  118. 8Paragraph 8
  119. 9Paragraph 9
  120. 10Paragraph 10
  121. Schedule 8: Swiss plant passports
  122. Part A: Relevant material originating in Switzerland which may be landed in or moved within Scotland if accompanied by a Swiss plant passport
  123. 1Paragraph 1
  124. 2Paragraph 2
  125. 3Paragraph 3
  126. 4Paragraph 4
  127. 5Paragraph 5
  128. Part B: Relevant material imported into Switzerland from another third country which, if it would normally be permitted to be landed in Scotland if accompanied by a phytosanitary certificate, may be accompanied by a Swiss plant passport or may be landed without phytosanitary documentation
  129. 1Paragraph 1
  130. 2Paragraph 2
  131. 3Paragraph 3
  132. 4Paragraph 4
  133. 5Paragraph 5
  134. 6Paragraph 6
  135. 7Paragraph 7
  136. 8Paragraph 8
  137. 9Paragraph 9
  138. 10Paragraph 10
  139. Schedule 9: Requirements for plant passports
  140. Part A: Requirements for plants passports for any relevant material in Schedule 6 or 7
  141. 1Paragraph 1
  142. 2Paragraph 2
  143. 3Paragraph 3
  144. 4Paragraph 4
  145. 5Paragraph 5
  146. 6Paragraph 6
  147. 7Paragraph 7
  148. Part B: Requirements for plant passports permitted for certain material in Schedule 6 or 7
  149. 1Paragraph 1
  150. 2Paragraph 2
  151. 3Paragraph 3
  152. 4Paragraph 4
  153. 5Paragraph 5
  154. Schedule 10: Form of phytosanitary certificate and form of phytosanitary certificate for re export required by article 15(1)
  155. APart A
  156. BPart B
  157. Schedule 11: Form of phytosanitary certificate and form of phytosanitary certificate for re export permitted by article 15(1)
  158. APart A
  159. BPart B
  160. Schedule 12Schedule 12
  161. Schedule 13: Plant health movement document
  162. Part A
  163. 1Paragraph 1
  164. 2Paragraph 2
  165. BPart B
  166. Schedule 14: Special measures for the control of Potato Wart Disease
  167. 1Paragraph 1
  168. 2Paragraph 2
  169. 3Paragraph 3
  170. 4Paragraph 4
  171. 5Paragraph 5
  172. 6Paragraph 6
  173. 7Paragraph 7
  174. 8Paragraph 8
  175. Schedule 15: Special measures for the control of Potato Cyst Nematode
  176. 1Paragraph 1
  177. 2Paragraph 2
  178. 3Paragraph 3
  179. 4Paragraph 4
  180. 5Paragraph 5
  181. 6Paragraph 6
  182. Schedule 16: Special measures for the control of Potato Ring Rot
  183. 1Paragraph 1
  184. 2Paragraph 2
  185. 3Paragraph 3
  186. 4Paragraph 4
  187. 5Paragraph 5
  188. 6Paragraph 6
  189. 7Paragraph 7
  190. 8Paragraph 8
  191. 9Paragraph 9
  192. 10Paragraph 10
  193. 11Paragraph 11
  194. 12Paragraph 12
  195. 13Paragraph 13
  196. 14Paragraph 14
  197. 15Paragraph 15
  198. 16Paragraph 16
  199. Schedule 17: Ralstonia solanacearum
  200. Part A: Special measures for the control of Ralstonia solanacearum
  201. 1Paragraph 1
  202. 2Paragraph 2
  203. 3Paragraph 3
  204. 4Paragraph 4
  205. 5Paragraph 5
  206. 6Paragraph 6
  207. 7Paragraph 7
  208. 8Paragraph 8
  209. 9Paragraph 9
  210. 10Paragraph 10
  211. 11Paragraph 11
  212. 12Paragraph 12
  213. 13Paragraph 13
  214. 14Paragraph 14
  215. 15Paragraph 15
  216. 16Paragraph 16
  217. Part B: Demarcation of zones for the control of Ralstonia solanacearum
  218. 1Paragraph 1
  219. 2Paragraph 2
  220. 3Paragraph 3
  221. 4Paragraph 4
  222. 5Paragraph 5
  223. 6Paragraph 6
  224. Schedule 18: Notification requirements
  225. 1Live organisms of the animal kingdom
  226. 2Live organisms of the animal kingdom
  227. 3Live organisms of the animal kingdom
  228. 1Bacteria
  229. 2Bacteria
  230. 3Bacteria
  231. 4Bacteria
  232. 5Bacteria
  233. 1Cryptograms
  234. 2Cryptograms
  235. 3Cryptograms
  236. 4Cryptograms
  237. 5Cryptograms
  238. 1Viruses and virus-like pathogens
  239. 2Viruses and virus-like pathogens
  240. 3Viruses and virus-like pathogens
  241. 4Viruses and virus-like pathogens
  242. 5Viruses and virus-like pathogens
  243. 6Viruses and virus-like pathogens
  244. 7Viruses and virus-like pathogens
  245. 8Viruses and virus-like pathogens
  246. 9Viruses and virus-like pathogens
  247. Schedule 19Revocation of Orders
  248. Explanatory note