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The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019
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- Scottish Statutory Instruments
- 2019 No. 421
- PART 1
- Regulation 2
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Changes over time for: Section 2
Version Superseded: 01/04/2021
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Interpretation: generalS
This section has no associated Policy Notes
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 [F1Great Britain] without a phytosanitary certificate pursuant to—
“controlled plant pest” means—
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 [F12as 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]
“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 F16... plant health rules M4,
“plant health inspector” means an official plant health officer appointed by the Scottish Ministers,
[F17“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,]
“plant pest” means a pest within the meaning given in Article 1(1) and (2) of the F18... Plant Health Regulation,
[F19“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 [F20a] 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,
F21...
“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 M5,
“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 F22... Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as in the F22... Plant Health Regulation or, as the case may be, in the Official Controls Regulation.
Textual Amendments
F1Words 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)
F2Word 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)
F3Word 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)
F4Words 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)
F5Word 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)
F6Words 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)
F7Word 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)
F8Words 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)
F9Word 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)
F10Words 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)
F11Words 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)
F12Words 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)
F13Words 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)
F14Words 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)
F15Words 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)
F16Word 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)
F17Words 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)
F18Word 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)
F19Words 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)
F20Word 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)
F21Words 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)
F22Word 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)
Commencement Information
I1Reg. 2 in force at 14.12.2019, see reg. 1(1)
Marginal Citations
M1S.S.I. 2005/613, as last amended by S.S.I. 2019/290. S.S.I. 2005/613 is revoked by these Regulations.
M2OJ 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.
M3S.I. 2005/2517, as last amended by S.S.I. 2019/278. S.S.I. 2005/2517 is revoked by these Regulations.
M4OJ 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.
M51971 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.
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