The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 No. 421

PART 1 S Introduction

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 and come into force on 14 December 2019.

(2) These Regulations extend to Scotland only.

Commencement Information

I1 Reg. 1 in force at 14.12.2019, see reg. 1(1)

Interpretation: general S

2.—(1) In these Regulations—

“the 2005 Order” means the Plant Health (Scotland) Order 2005 M1 ,

“commencement date” means the date on which these Regulations come into force,

“controlled consignment” means a consignment containing any plant, plant product or other object—

(a)

which may not be brought into [F1 Great Britain] without a phytosanitary certificate pursuant to—

(i)

Article 72 or 74 of the F2 ... Plant Health Regulation, [F3 or]

(ii)

F4 ...

(iii)

any other F5 ... plant health rule, other than Article 73 of the F5 ... Plant Health Regulation,

(b)

which was exported from [F1 Great Britain] to a third country and is returning to [F1 Great Britain] following the refusal by that third country to allow its entry into the country,

“controlled plant pest” means—

(a)

a plant pest of a description specified in Annexes 2, [F6 2A, 3 or 4 to the Phytosanitary Conditions Regulation], [F7 or]

(b)

F8 ...

(c)

a plant pest subject to any other F9 ... plant health rule [F10 , including a potential quarantine plant pest within the meaning given in regulation 21(3)],

F11 ...

“EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC M2 [F12 as it has effect in EU law],

F13 ...

[F14 “forestry material” means—

(a)

wood which retains part or all of its natural round surface, with or without bark,

(b)

wood in the form of chips, particles, shavings, sawdust, wood waste or scrap,

(c)

conifer trees over 3m in height,

(d)

bark which has been removed or become detached from a living, felled or fallen tree or from part of a living, felled or fallen tree,]

“the Forestry Order” means the Plant Health (Forestry) Order 2005 M3 ,

[F15 “ISPM 15” means International Standard for Phytosanitary Measures No. 15 of March 2002 on Guidelines for regulating wood packaging material in international trade, prepared by the Secretariat of the International Plant Protection Convention established by the Food and Agriculture Organisation of the United Nations]

[F16 “Northern Ireland plant health label” has the meaning given in regulation 2 of the Windsor Framework (Plant Health) Regulations 2023;]

“Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC, insofar as it applies to F17 ... plant health rules M4 ,

“plant health inspector” means an official plant health officer appointed by the Scottish Ministers,

[F18 “Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC,

“plant health rule” means a rule within the meaning given in Article 1(2)(g) of the Official Controls Regulation,]

[F19 “plant passport” means a passport which is a UK plant passport or other permitted plant passport,]

“plant pest” means a pest within the meaning given in Article 1(1) and (2) of the F20 ... Plant Health Regulation,

[F21 “the Phytosanitary Conditions Regulation” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulations (EU) 2018/2019,]

“regulated item” means—

(a)

any plant, plant product or other object to which [F22 a] plant health rule applies, other than any plant, plant product or other object which is part of a controlled consignment, or

(b)

a controlled plant pest,

F23 ...M5

“working day” means any day, other than—

(a)

a Saturday or a Sunday,

(b)

Easter Monday,

(c)

26 December if it is not a Saturday or a Sunday,

(d)

27 December in a year in which 25 or 26 December is a Sunday, or

(e)

a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 M6 ,

“working hour” means a period of one hour during a working day.

(2) Unless the context otherwise requires, words and expressions which are not defined in these Regulations and which appear in both these Regulations and in the F24 ... Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as in the F24 ... Plant Health Regulation or, as the case may be, in the Official Controls Regulation.

Textual Amendments

F1 Words in reg. 2(1) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(i)(aa) (with reg. 32)

F2 Word in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(i)(bb) (with reg. 32)

F3 Word in reg. 2(1) inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(i)(cc) (with reg. 32)

F4 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(i)(dd) (with reg. 32)

F5 Word in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(i)(ee) (with reg. 32)

F6 Words in reg. 2(1) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(ii)(aa) (with reg. 32)

F7 Word in reg. 2(1) inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(ii)(bb) (with reg. 32)

F8 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(ii)(cc) (with reg. 32)

F9 Word in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(ii)(dd) (with reg. 32)

F10 Words in reg. 2(1) inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 5(2) (with reg. 32)

F11 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(iii) (with reg. 32)

F12 Words in reg. 2(1) inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(iv) (with reg. 32)

F13 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(v) (with reg. 32)

F14 Words in reg. 2 inserted (27.6.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 3(a)

F15 Words in reg. 2 inserted (27.6.2020) by The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 3(b)

F16 Words in reg. 2 inserted (1.10.2023) by The Windsor Framework (Enforcement etc.) Regulations 2023 (S.I. 2023/1056), regs. 1(2), 4(2)

F17 Word in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(vi) (with reg. 32)

F18 Words in reg. 2(1) inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(vii) (with reg. 32)

F19 Words in reg. 2(1) inserted (1.4.2021) by The Plant Health (EU Exit) (Scotland) (Amendment) Regulations 2021 (S.S.I. 2021/159), regs. 1(1)(b), 4(2)

F20 Word in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(viii) (with reg. 32)

F21 Words in reg. 2(1) inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(ix) (with reg. 32)

F22 Word in reg. 2(1) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(x) (with reg. 32)

F23 Words in reg. 2(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(a)(xi) (with reg. 32)

F24 Word in reg. 2(2) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(1)(b) (with reg. 32)

Modifications etc. (not altering text)

C1 Reg. 2 modified (1.4.2021) by The Plant Health and Plant Propagating Material (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/87), regs. 1(1), 4(2)

Commencement Information

I2 Reg. 2 in force at 14.12.2019, see reg. 1(1)

Marginal Citations

M1 S.S.I. 2005/613, as last amended by S.S.I. 2019/290. S.S.I. 2005/613 is revoked by these Regulations.

M2 OJ L 317, 23.11.2016, p.4, as last amended by Regulation (EU) 2017/625 (OJ L 95, 7.4.2017, p.1) with effect from 14 December 2019.

M3 S.I. 2005/2517, as last amended by S.S.I. 2019/278. S.S.I. 2005/2517 is revoked by these Regulations.

M4 OJ L 95, 7.4.2017, p.1, as last amended by Commission Delegated Regulation (EU) 2019/478 (OJ L 82, 25.3.2019, p.4) with effect from 14 December 2019.

M5 OJ L 319, 10.12.2019, p.1.

M6 1971 c.80. Schedule 1, paragraph 2 sets out the Scottish bank holidays; it is amended by the St Andrew's Day Bank Holiday (Scotland) Act 2007 (asp 2), section 1.

Interpretation: EU instruments S

3.—F25 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26 (2) References to the Phytosanitary Conditions Regulation are to be construed as references to that instrument as amended from time to time.]

Textual Amendments

F25 Reg. 3(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(2)(a) (with reg. 32)

F26 Reg. 3(2) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(2)(b) (with reg. 32)

Commencement Information

I3 Reg. 3 in force at 14.12.2019, see reg. 1(1)

Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation S

F27 3A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Reg. 3A omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(3) (with reg. 32)

Article 82 of the F28 ... Plant Health Regulation: meaning of “close proximity” S

4.—(1) For the purposes of Article 82 of the F29 ... Plant Health Regulation, the premises of a registered operator are to be regarded as being in “close proximity” to other premises of that operator if any point on the boundary of its operative area, or of any of its operative areas, is within ten miles of any point on the boundary of the operative area, or of any of the operative areas, of the other premises.

(2) In paragraph (1), “operative area”, in relation to the premises of a registered operator means—

(a) in the case of premises which are used entirely by the registered operator to carry out one or more of the activities mentioned in Article 65(1) of the F30 ... Plant Health Regulation, the area comprising those premises,

(b) in the case of any other premises used by the registered operator to carry out one or more of the activities mentioned in Article 65(1) of the F30 ... Plant Health Regulation applies, an area within the premises which is used by the registered operator to carry out any of those activities.

Textual Amendments

F28 Word in reg. 4 heading omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(4)(a) (with reg. 32)

F29 Word in reg. 4(1) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(4)(b) (with reg. 32)

F30 Word in reg. 4(2) omitted (31.12.2020) by virtue of The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 12(4)(b) (with reg. 32)

Commencement Information

I4 Reg. 4 in force at 14.12.2019, see reg. 1(1)