The Plant Health (Scotland) Order 2005

Advance notification of landing

6.—(1) Subject to article 30(3), the landing in Scotland by any person of relevant material to which paragraph (2) refers, is prohibited unless that person gives notice in accordance with this article.

(2) The prohibition on landing relevant material in paragraph (1) applies to the landing in Scotland, where Scotland is the point of entry of the material into the Community, of the following relevant material–

(a) any relevant material of a description specified in Part A of Schedule 5; or

(b) any relevant material of a description specified in Part B of Schedule 5 and which is–

(i) specified in column 2 of Part C of Schedule 4;

(ii) specified in the second column of Annex II, Part B of Directive 2000/29/EC and in the course of its consignment to a protected zone listed in the fourth column opposite the reference to the relevant material; or

(iii) specified in the first column of Annex IV, Part B of Directive 2000/29/EC and in the course of its consignment to a protected zone listed in the third column opposite the reference to the relevant material.

(3) A notice under paragraph (1) shall–

(a) be in accordance with the requirements of Schedule 12; and

(b) subject to paragraph (5), be given in time to arrive at the office of the Scottish Ministers at least two working days before the relevant material is landed.

(4) The address to which a notice shall be given under paragraph (1) shall be such address as the Scottish Ministers shall specify from time to time, which may include an address for electronic communications.

(5) Where persons who are required by paragraph (1) to give notice of the landing of any relevant material can reasonably show that they were unable to comply with the periods specified in paragraph (3)(b) because they were unaware that the material had been consigned, they shall give notice as soon as is reasonably practicable.