The Plant Health (Scotland) Amendment Order 2010

Made: 19th May 2010

Laid before the Scottish Parliament: 21st May 2010

Coming into force: 1st July 2010

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Citation, commencement and extent

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Amendments to the Plant Health (Scotland) Order 2005

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Amendment of article 2 (general interpretation)

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Amendment of Part 6 (measures to control the landing of relevant material and prevent the spread of plant pests)

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Amendment of Part 7 (planting of, and control of plant pests on, certain solanaceous species)

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Insertion of article 38A (interpretation of Part 7)

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Amendment of article 39 (miscellaneous provisions for certain solanaceous species)

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Amendment of article 45 (offences)

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Amendment of Schedule 2 (relevant material which may not be landed in or moved within Scotland if that material is carrying or infected with plant pests)

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Schedule 15 (special measures for the control of Potato Cyst Nematode)

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Insertion of Schedule 15A (species to which controls apply)

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Savings provision

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SCHEDULE 1

SCHEDULE 2

Signed

RICHARD LOCHHEAD — A member of the Scottish Executive — 2010-05-19

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Plant Health (Scotland) Order 2005 (“the principal Order”) so as to implement Council Directive 2007/33/EC of 11th June 2007 on the control of potato cyst nematodes and repealing Directive 69/465/EEC (O.J. L156, 16.6.2007, p.12).

Article7 makes various amendments to article 39 of the principal Order so as to prevent the planting of seed potatoes and the plants listed in the new Schedule 15A, unless an official soil test has found that the area in which they were grown was not infested with Potato Cyst Nematode.

The official soil test is to be carried out in accordance with the procedures that are now set out in Schedule15 (articles 7 and 10 and Schedule1) and must be carried out either—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 7 also amends article 39 of the principal Order to set out 5 categories which are to be exempt from the soil test requirement. The exemptions apply to—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 8 adds article 39(8) to the offence provision in article 45(1) of the principal Order.

Article 9 makes a minor correction to Part B of Schedule 2.

Schedule 15 of the principal Order is replaced to set out the sampling and testing requirements and to introduce new measures for the control of Potato Cyst Nematode (article 10 and Schedule1). This Schedule also provides that, in infested areas, the planting of potatoes, not intended for the production of seed potatoes, may be authorised in accordance with the official control programme for the suppression of Potato Cyst Nematode (paragraphs9 and 10 of Schedule 15 as substituted by Schedule 1). Copies of the official control programme and full details of parish boundaries can be obtained from Scottish Government Rural Payments and Inspections Directorate (SGRPID) Area Offices and from www.scotland.gov.uk/potatocystnematode.

A new Schedule 15A is inserted which lists the species to which the new controls apply (article11 and Schedule 2).

Licences served under article40 of the principal Order in accordance with Schedule15, in the form as it was prior to amendment by this Order, permitting the growing of potatoes not intended for the production of seed potatoes will remain in force through the 2010 growing season (article12).

A Regulatory Impact Assessment has been prepared for this instrument. Copies are available from Science and Advice for Scottish Agriculture (SASA), Roddinglaw Road, Edinburgh, EH129FJ and at www.scotland.gov.uk/potatocystnematode.

Footnotes

[^f00001]: 1967 c.8. Sections2(1) and 3(1) were amended by the European Communities Act 1972 (c.68) (“the 1972 Act”), section4(1) and Schedule4, paragraph8. Section3(4) was substituted by section42 of the Criminal Justice Act 1982 (c.48) and further amended by section17(1) of the Criminal Justice Act 1991 (c.53) and the Statute Law (Repeals) Act 1993 (c.50), section1(1) and Schedule1, PartXIV. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46) (“the 1998 Act”).

[^f00002]: 1972 c.62.

[^f00003]: 1972 c.68. Section2(2) was amended by the 1998 Act, Schedule8, paragraph15(3), the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) and the European Union (Amendment) Act 2008 (c.7), Schedule1(1), paragraph 1. The powers in section 2(2) of the 1972 Act are exercised as regards the whole or part of articles4, 7(a) and 10 of, and paragraphs 9 and 10 of Schedule15 to S.S.I. 2005/613 as substituted by Schedule 1 to, this instrument. The functions conferred upon the Minister of the Crown under section2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section53 of the 1998 Act.

[^f00004]: O.J. L 156, 16.6.07, p.12.

[^f00005]: S.S.I. 2005/613, amended by S.S.I. 2006/474, 2007/415 and 498, 2008/300 and 350 and 2009/153.

Editorial notes

[^key-99f35b7af0f8e354cffd72a476b461a1]: Order revoked (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 6