- Draft legislation
This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 ISBN 978-0-11-104137-6
46. In article 28A (duties of professional operators in relation to Xylella fastidiosa (Wells et al.)(1)—
(a)in paragraph (1)(2) in sub-paragraph (a) for “an area demarcated” to the end of that sub-paragraph substitute “a demarcated area”,
(b)in paragraph (4)(e) for “plant passport” substitute “UK plant passport”, and
(c)for paragraph (5) substitute—
“(5) In this article—
(a)“demarcated area” means—
(i)an area demarcated under paragraph 5 of schedule 8G or, in relation to England, Wales and Northern Ireland under paragraph 5 of schedule 15 of the Plant Health Regulations; or
(ii)a CD territory in which Xylella fastidiosa (Wells et al.) has been confirmed to be present;
(b)“plants specified in relation to Xylella fastidiosa (Wells et al.” means plants specified in items 11 and 12 of Part E of the list of regulated material,
(c)“professional operator” means any person who, in the course of a trade, business or profession, is involved in planting, breeding, producing, importing, marketing or distributing plants.”.
Article 28A was inserted by S.S.I. 2016/83.
Paragraph 1 was substituted by S.S.I. 2018/112.
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