The Plant Health (Potatoes) (Scotland) Amendment Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Plant Health (Potatoes) (Scotland) Order 2006 (“the principal Order”) to make provision for preventing the spread of Dickeya spp. in potato crops.

Article 3 inserts a new article 4(2) into the principal Order which does not make reference to payment for samples.

Article 4 inserts a new article 4A into the principal Order, containing provisions for the inspection of potatoes for the presence of Dickeya spp. and, if infection is suspected or identified, for requiring action to be taken by the person responsible for the potatoes or the premises on which they have been planted, stored, processed or packed.

Article 5 inserts a new article 5(3) into the principal Order which does not make reference to payment for samples.

Article 6(a) clarifies the method for giving notice in article 6(1) of the principal Order. Article 6(b) amends article 6(3) of the principal Order to cover notices served under the new paragraph 4A.

Article 7(a) inserts a new paragraph (1) into article 8 of the principal Order. Where a person has failed to comply with a notice the inspector may enter premises where potatoes, soil or waste material or relevant documents are located and take such steps as the inspector considers necessary to ensure compliance with the notice. A new paragraph (1A) is also inserted into article 8 of the principal Order to enable an inspector enforcing a notice to access any computer on which relevant documents or records are stored.

Article 8 amends article 9 of the principal Order by providing that a warrant to enter premises is only required in relation to a dwelling, and that the possibility of prejudice being caused by a request for admission may provide grounds for granting such a warrant.

Article 9(a) amends article 10(1)(a)(ii) of the principal Order to clarify the offence in relation to article 5. Article 9(b) omits article 10(7) of the principal Order.

This Order also makes minor drafting changes to the principal Order.

No Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.