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There are currently no known outstanding effects for the The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019, PART 3.
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7.—(1) For the purposes of this Part of this schedule, a plot of land is to be regarded as a contaminated plot if Potato Wart Disease is confirmed by an official test to be present on at least one plant that is growing or was grown on that plot.
(2) In this Part of this schedule, “Synchytrium endobioticum” means Synchytrium endobioticum (Schilbersky) Percival.
Commencement Information
I1Sch. 2 para. 7 in force at 14.12.2019, see reg. 1(1)
8.—(1) A plant health inspector must in accordance with [F1this Part] demarcate any—
(a)contaminated plot, and
(b)a safety zone around that plot which is large enough to ensure the protection of the surrounding areas.
(2) A plant health inspector must serve a notice under regulation 15 requiring any potato tubers or haulms which are present on the contaminated plot, or which come from the contaminated plot, to be treated in such a way that the Potato Wart Disease present on them is destroyed.
(3) Where a plant health inspector is satisfied that any potato tubers or haulms are contaminated with Potato Wart Disease and the plant health inspector cannot determine whether those tubers or haulms have been present on a contaminated plot, the plant health inspector may serve a notice under regulation 15 which requires the whole batch containing the affected tubers or haulms to be treated in such a way that there is no risk of Potato Wart Disease spreading.
Textual Amendments
F1Words in sch. 2 para. 8(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), 24 (with reg. 32)
Commencement Information
I2Sch. 2 para. 8 in force at 14.12.2019, see reg. 1(1)
9.—(1) Where a contaminated plot is demarcated under paragraph 8(1) of this schedule [F2a plant health inspector must serve a notice under regulation 15 requiring that] —
(a)no potatoes may be grown on it, and
(b)no plants intended for transplanting may be grown, stored or moved on it.
(2) No person may grow potatoes in a safety zone demarcated under paragraph 8(1) of this schedule unless a plant health inspector is satisfied that they are of a variety which is resistant to the races of Synchytrium endobioticum found on the contaminated plot to which the safety zone relates.
(3) A potato variety is to be considered resistant to a particular race of Synchytrium endobioticum for the purposes of sub-paragraph (2) where that variety reacts to contamination by the pathogenic agent of that race in such a way that there is no danger of secondary infection.
Textual Amendments
F2Words in sch. 2 para. 9(1) 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), 21(2)
Commencement Information
I3Sch. 2 para. 9 in force at 14.12.2019, see reg. 1(1)
10. Where a plant health inspector is satisfied that Synchytrium endobioticum is no longer present on a plot which was demarcated under paragraph 8(1) of this schedule or on its associated safety zone, the plant health inspector must revoke that demarcation.
Commencement Information
I4Sch. 2 para. 10 in force at 14.12.2019, see reg. 1(1)
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