Article 2 Interpretation

In this Order, unless the context otherwise requires–

• “agricultural unit” shall have the meaning assigned to that expression in section 86(2) of the Agriculture (Scotland) Act 1948(^f1);

• “approved stock” means any stock which has been approved by the Secretary of State other than certified stock;

• “blackcurrant bush” includes cuttings or any part of a blackcurrant bush for planting;

• “certificate” means a certificate issued by or on behalf of the Secretary of State under article 4 of this Order in accordance with the requirements of Schedules 1 to 3 to this Order stating, in respect of the plants to which it relates, the particulars specified in Schedule 4 to this Order;

• “certified stock” means–

  1. (a)

     in relation to stock produced in Scotland, any plants which are the subject of a certificate issued in accordance with the requirements of Schedules 1 to 3 to this Order; and

  2. (b)

     in relation to stock produced outside Scotland, any plants which are the subject of a certificate issued by the authority concerned with the certification of plants in the country or place where the plants were produced;

• “inspector” means an officer authorised by the Secretary of State for Scotland;

• “plant” means a strawberry plant, a raspberry plant or a blackcurrant bush;

• “raspberry” includes Rubus hybrids;

• “sale” includes possession with a view to sale, offer for sale, exposure for sale and sale of a plant and any agreement between parties–

  1. (a)

     under which the property in a plant is transferred from one person to another; or

  2. (b)

     under which a plant is made over by one person to another in pursuance of a contract under which the plant will be used for producing further plants,

  and “sell” and “sold” shall be construed accordingly;

• “strawberry plant” includes runners or any other parts of a strawberry plant for planting but does not include the plant commonly known as “alpine strawberry” or any part of such plant;

• “raspberry plant” includes a rooted cane and any other part of a raspberry plant for planting.