The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

PART 6 S Registration, authorisations and certificates

Applications for registration S

19.  An application for registration pursuant to Article 66(1) of the F1 ... Plant Health Regulation which is to be submitted to the Scottish Ministers must be submitted in the manner and form required by the Scottish Ministers.

Textual Amendments

F1 Word in reg. 19 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), 17(1) (with reg. 32)

Commencement Information

I1 Reg. 19 in force at 14.12.2019, see reg. 1(1)

Other applications S

20.—(1) The following applications must be made to the Scottish Ministers in the manner and form required by the Scottish Ministers—

(a) an application for a temporary authorisation to permit a relevant activity for official testing, scientific or educational purposes, trials, varietal selection or breeding,

(b) an application for an authorisation referred to in Article 64(2) of the F2 ... Plant Health Regulation,

(c) an application for an authorisation referred to in Article 89(1) of the F3 ... Plant Health Regulation,

(d) an application for an authorisation referred to in Article 98(1) of the F4 ... Plant Health Regulation,

(e) an application for the issue of a phytosanitary certificate for export [F5 or a phytosanitary certificate for re-export].

(2) In this regulation—

“relevant activity” means an activity which would otherwise be prohibited under the F6 ... Plant Health Regulation or any other F6 ... plant health rule involving—

(a)

the introduction of a plant pest or a plant, plant product or other object into Scotland,

(b)

the movement of a plant pest or a plant, plant product or other object within Scotland,

(c)

the holding of a controlled plant pest or a plant, plant product or other object at premises in Scotland,

(d)

the multiplication of a plant pest at premises in Scotland.

Textual Amendments

F2 Word in reg. 20(1)(b) 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), 17(2)(a)(i) (with reg. 32)

F3 Word in reg. 20(1)(c) 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), 17(2)(a)(i) (with reg. 32)

F4 Word in reg. 20(1)(d) 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), 17(2)(a)(i) (with reg. 32)

F5 Words in reg. 20(1)(e) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 17(2)(a)(ii) (with reg. 32)

F6 Word in reg. 20(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), 17(2)(b) (with reg. 32)

Commencement Information

I2 Reg. 20 in force at 14.12.2019, see reg. 1(1)

Authorisations for other purposes S

[F7 21.— (1) [F8 The Scottish Ministers may grant an authorisation to permit—

(a) the carrying out of any activity specified in a plant health derogation,

(b) the introduction into Scotland, the movement within Scotland or the holding or multiplication in Scotland of a potential quarantine plant pest for official testing, scientific or educational purposes, trials, varietal selection or breeding, or

(c) the carrying out of any other activity which requires the approval of the Scottish Ministers under [F9 , or by virtue of,] the F10 ... Plant Health Regulation, the Official Controls Regulation [F11 , any regulations made under the Plant Health Regulation or the Official Controls Regulation] or these Regulations.]

(2) An application for any such authorisation must be made to the Scottish Ministers in the manner and form required by the Scottish Ministers.

(3) [F12 In paragraph (1)—

[F13 “plant health derogation” means a derogation from provisions of the Plant Health Regulation which is set out in retained EU law or regulations made under the Plant Health Regulation or the Official Controls Regulation,]

“potential quarantine plant pest” means a plant pest which is not a [F14 GB quarantine pest or a provisional GB quarantine pest], but which, in the opinion of the Scottish Ministers, fulfils the criteria set out in Subsection 1 of Section 3 of Annex 1 to that Regulation or may fulfil the criteria in Subsection 2 of that Section.]]

Textual Amendments

F7 Reg. 21 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), 10

F8 Reg. 21(1) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 5(4)(a) (with reg. 32)

F9 Words in reg. 21(1)(c) inserted (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), 17(3)(a)(i) (with reg. 32)

F10 Word in reg. 21(1)(c) 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), 17(3)(a)(ii) (with reg. 32)

F11 Words in reg. 21(1)(c) inserted (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), 17(3)(a)(iii) (with reg. 32)

F12 Reg. 21(3) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 5(4)(b) (with reg. 32)

F13 Words in reg. 21(3) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 17(3)(b)(i) (with reg. 32)

F14 Words in reg. 21(3) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(c), 17(3)(b)(ii) (with reg. 32)

Authorisations granted by the Scottish Ministers S

22.— [F15 (1)] An authorisation granted by the Scottish Ministers for the purposes of the F16 ... Plant Health Regulation [F17 , the Official Controls Regulation or for the purposes of, or under, these Regulations] must be in writing and may be granted—

(a) subject to conditions,

(b) for an indefinite period or a specified period.

(2) An authorisation granted by the Scottish Ministers may be modified, suspended or revoked at any time by the Scottish Ministers by notice in writing.

Textual Amendments

F15 Words in reg. 22(1) renumbered as reg. 22(1) (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 5(5)(a) (with reg. 32)

F16 Word in reg. 22(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), 17(4) (with reg. 32)

F17 Words in reg. 22(1) substituted (31.12.2020) by The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/466), regs. 1(1)(a), 5(5)(b) (with reg. 32)

Commencement Information

I3 Reg. 22 in force at 14.12.2019, see reg. 1(1)