2013 No. 5
The Plant Health (Scotland) Amendment Order 2013
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act 19671, section 20 of the Agriculture (Miscellaneous Provisions) Act 19722 and all other powers enabling them to do so.
This Order makes provision which the Scottish Ministers think expedient for preventing the introduction and spread of pests in Scotland, in particularClavibacter michiganensisssp.sepedonicus(Spieckerman and Kotthoff) Daviset al. andEpitrix cucumeris(Harris),Epitrix similaris(Gentner),Epitrix subcrinita(Lec.) andEpitrix tuberis(Gentner).
Citation and commencement1
This Order may be cited as the Plant Health (Scotland) Amendment Order 2013 and comes into force on 9th February 2013.
Amendments to the Plant Health (Scotland) Order 20052
The Plant Health (Scotland) Order 20053 is amended in accordance with articles 3 and 4.
Substitution of article 19A3
For article 19A (introduction of seed potatoes into Scotland)4 substitute—
Landing of potatoes in Scotland19A
1
No person shall land potatoes to which this article applies unless that person has given written notification to an inspector at least forty eight hours prior to their intended landing.
2
This article applies to—
a
seed potatoes grown outside Scotland; or
b
potatoes, other than seed potatoes, grown in Poland, Portugal, Romania or Spain.
3
The notification shall contain—
a
the proposed time, date and means of landing;
b
the proposed point of entry;
c
the proposed destination and use;
d
the variety;
e
the quantity; and
f
the producer’s identification number or the reference number of the lot.
4
Where an inspector is satisfied that no notification has been given under paragraph (1) in relation to potatoes to which this article applies, the inspector may serve a notice requiring the person landing the potatoes to provide information about any of the matters specified in paragraph (3) within such period as is specified in the notice.
Amendment of Schedule 44
In Schedule 4 (restrictions on the landing in and movement within Scotland of relevant material), in Part B (relevant material, from another part of the European Union, which may only be landed in or moved within Scotland if special requirements are satisfied)—
a
in item 15 (tubers ofSolanum tuberosumL.),in the third column, for “item 16” substitute “items 16 ,19a5 and 19b”;
b
in item 19 (tubers ofSolanum tuberosumL.), in the third column, for “There shall be evidence” substitute “Without prejudice to items 19a and 19b, there shall be evidence”; and
c
after item 19a insert—
19b.
Tubers ofSolanum tuberosumL. which originate in Poland, other than those mentioned in column 2 of items 16 to 18
Without prejudice to the requirements of items 19 and 19a, the tubers shall be accompanied by a certificate issued by the responsible official body in Poland confirming that they have been found to be free fromClavibacter michiganensisssp.sepedonicus(Spieckerman and Kotthoff) Daviset al. in official laboratory tests.
Revocations5
(This note is not part of the Order)