The Plant Health (Scotland) Amendment Order 2019

Scottish Statutory Instruments

2019 No. 290

Plant Health

The Plant Health (Scotland) Amendment Order 2019

Made

10th September 2019

Laid before the Scottish Parliament

12th September 2019

Coming into force

31st October 2019

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2 and 3 of the Plant Health Act 1967(1) and paragraph 1A of schedule 2 of the European Communities Act 1972(2) and all other powers enabling them to do so.

This Order makes provision for preventing the introduction and spread of pests in Scotland and is, in part, called for by EU obligations in 98/109/EC: Commission Decision of 2 February 1998 authorising Member States temporarily to take emergency measures against the dissemination of Thrips palmi Karny as regards Thailand; 2004/200/EC: Commission Decision of 27 February 2004 on measures to prevent the introduction into and the spread within the Community of Pepino mosaic virus; Commission Implementing Decision (EU) 2017/2374 of 15 December 2017 setting out conditions for movement, storage and processing of certain fruits and their hybrids originating in third countries to prevent the introduction into the Union of certain harmful organisms; Commission Implementing Decision (EU) 2018/490 of 21 March 2018 repealing Decision 2007/365/EC on emergency measures to prevent the introduction into and the spread within the Community of Rhynchophorus ferrugineus (Olivier); Commission Implementing Decision (EU) 2018/638 of 23 April 2018 establishing emergency measures to prevent the introduction into and the spread within the Union of the harmful organism Spodoptera frugiperda (Smith); Commission Implementing Decision (EU) 2018/1503 of 8 October 2018 establishing measures to prevent the introduction into and the spread within the Union of Aromia bungii (Faldermann); Commission Implementing Decision (EU) 2019/449 of 18 March 2019 amending Commission Implementing Decision (EU) 2016/715 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa; and Commission Implementing Directive (EU) 2019/523 of 21 March 2019 amending Annexes I to V to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community.

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972(3) and it appears to the Scottish Ministers that it is expedient for the references to Commission Implementing Decision (EU) 2018/638 establishing emergency measures to prevent the introduction into and the spread within the Union of the harmful organism Spodoptera frugiperda (Smith) and Commission Implementing Decision (EU) 2018/1503 establishing measures to prevent the introduction into and the spread within the Union of Aromia bungii (Faldermann) to be construed as references to those instruments as amended from time to time.

(1)

1967 c.8. Section 2 was amended by paragraph 8(2)(a) of schedule 4 of the European Communities Act 1972 (c.68), Part 1 of the table in paragraph 12 of schedule 4 of the Customs and Excise Management Act 1979 (c.2) and S.I. 1990/2371 and 2011/1043. Section 3 was amended by paragraph 8(2) and (3) of schedule 4 of the European Communities Act 1972, section 42 of the Criminal Justice Act 1982 (c.48), group 2 of the table in paragraph 1 of part 14 of schedule 1 of the Statute Law (Repeals) Act 1993 (c.50) and S.I. 2011/1043. The powers conferred by sections 2 and 3 are conferred on a “competent authority”, which is defined in section 1(2). Section 1(2) provides that the Scottish Ministers are the competent authority for Scotland for the purposes of the Act.

(2)

1972 c.68. Paragraph 1A of schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and amended by Part 1 of the schedule of the European Union (Amendment) Act 2008 (c.7) and S.I. 2007/1388.

(3)

Section 2(2) was amended by paragraph 15(3) of schedule 8 of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by section 3(3) and Part 1 of schedule 1 of the European Union (Amendment) Act 2008 (c.7). The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.