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The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019
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PART 2 SCompetent authorities
Designation of competent authorityS
5.—(1) The Scottish Ministers are designated as the competent authority responsible for the organisation and performance of official controls and other official activities in Scotland insofar as they relate to—
(a)plant pests, plants, plant products or other objects, and
(b)professional operators.
(2) For the purpose of carrying out those of their functions described in paragraph (3), Scottish Ministers may enter into arrangements with the Forestry Commissioners for those functions to be exercised by the Forestry Commissioners on behalf of the Scottish Ministers and in such manner as the Ministers may determine.
(3) The functions are functions under—
(a)paragraph (1)(a) so far as exercisable in relation to tree pests, trees or forestry material,
(b)paragraph (1)(b) so far as they relate to forestry professional operators.
(4) In this regulation—
F1...
“forestry professional operator” means a professional operator who carries out one or more of the following activities, but no other activities in relation to plants or plant products described in Article 2(9) of the F2... Plant Health Regulation—
(a)
the introduction of forestry material into Scotland,
(b)
the storage, aggregation or movement of forestry material within Scotland, the movement of forestry material into Scotland from another part of [F3Great Britain or a CD territory] or the movement of forestry material from Scotland to another part of [F3Great Britain or a CD territory],
(c)
the export of forestry material from Scotland to a third country [F4or Northern Ireland],
(d)
the treatment and marking of wood packaging material or forestry material in accordance with Annex 1 to ISPM 15 or the repair of wood packaging material in Scotland,
(e)
the introduction of tree pests into Scotland, the movement of tree pests within Scotland or the holding or multiplication of tree pests in Scotland for official testing, scientific or educational purposes, trials, varietal selection or breeding,
(f)
the introduction of trees or forestry material into Scotland or the movement of trees or forestry material within Scotland for use in official testing, scientific or educational purposes, trials, varietal selection or breeding,
F5...
F6...
F7...
“tree” means a living tree or shrub, or a living part of a tree or shrub, at any stage of its growth,
“tree pest” means a plant pest which is injurious to trees or wood,
“wood packaging material” means wood or wood products (excluding paper products) used, or intended to be used, for supporting, protecting or carrying a commodity of any kind, including dunnage.
Textual Amendments
F1Words in reg. 5(4) omitted (27.6.2020) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 5(a)
F2Word in reg. 5(4) 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), 13(a)(i) (with reg. 32)
F3Words in reg. 5(4) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 13(a)(ii) (with reg. 32)
F4Words in reg. 5(4) inserted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 13(a)(iii) (with reg. 32)
F5Words in reg. 5(4) omitted (27.6.2020) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 5(b)
F6Words in reg. 5(4) omitted (27.6.2020) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/176), regs. 1(1), 5(c)
F7Words in reg. 5(4) 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), 13(b) (with reg. 32)
Commencement Information
I1Reg. 5 in force at 14.12.2019, see reg. 1(1)
Disclosure of informationS
[F86.—(1) The Scottish Ministers may disclose information to any other competent authority in another part of the Union territory for the purposes of the EU Plant Health Regulation or the Official Controls Regulation.
(2) Nothing in paragraph (1) affects any other power or requirement of the Scottish Ministers to disclose information.]
Textual Amendments
F8Reg. 6 substituted (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), 6
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