Search Legislation

Advanced Search

The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

Help about what version

What Version

  • Draft legislation
Help about opening options

Opening Options

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 This draft has been replaced by a new draft, The Forestry (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 ISBN 978-0-11-104133-8

  1. Introductory Text

  2. PART 1 Introductory

    1. 1.Citation, commencement and extent

  3. PART 2 Amendment of the Plant Health (Forestry) Order 2005

    1. 2.The Plant Health (Forestry) Order 2005 is amended as follows....

    2. 3.In article 2— (a) in paragraph (1)—

    3. 4.In article 2A— (a) in paragraph (1), omit sub-paragraphs (a)...

    4. 5.In article 3— (a) at the appropriate places insert— “correct...

    5. 6.Omit article 4.

    6. 7.After article 4 insert— Application of Part 2: Scotland This Part applies to tree pests and relevant material which...

    7. 8.In article 5— (a) in the heading, for “landing” substitute...

    8. 9.In article 6— (a) in the heading, for “landing” substitute...

    9. 10.After article 6 insert— EU transit material: Scotland (1) No person may bring any EU transit material into...

    10. 11.In article 7— (a) omit paragraph (1),

    11. 12.In article 8— (a) omit paragraph (1),

    12. 13.In article 9— (a) omit paragraphs (1) and (2),

    13. 14.Omit article 10.

    14. 15.After article 10 insert— Prohibitions applying to notifiable relevant material...

    15. 16.In article 11— (a) in the words before paragraph (a),...

    16. 17.In article 12— (a) omit paragraphs (1) and (2),

    17. 18.After article 12 insert— Requirements applicable to notified EU material:...

    18. 19.In article 14(1), for the words from “under customs” to...

    19. 20.In article 15— (a) omit paragraph (2),

    20. 21.Omit article 16.

    21. 22.After article 16 insert— Requirements to be met by relevant...

    22. 23.Omit article 17.

    23. 24.After article 17 insert— Approved places of inspection: Scotland (1) The Scottish Ministers may approve premises which are not...

    24. 25.In Part 3, in the heading, omit “Community”.

    25. 26.Omit articles 18 and 19.

    26. 27.After article 19 insert— Prevention of the spread of tree...

    27. 28.Omit article 20.

    28. 29.After article 20 insert— Requirements for UK plant passports: Scotland...

    29. 30.In article 21— (a) in paragraph (1), for the words...

    30. 31.Omit article 22.

    31. 32.After article 22 insert— Validity of UK plant passports: Scotland...

    32. 33.In article 23— (a) in the heading, for “plant passports”...

    33. 34.In Part 4, in the heading, for “PLANT PASSPORTS” substitute...

    34. 35.In article 24, omit paragraph (4).

    35. 36.In article 28— (a) in the heading and paragraphs (1),...

    36. 37.Omit Part 5.

    37. 38.In article 30— (a) in paragraph (1)(b), for “plant passport”...

    38. 39.After article 30 insert— Emergency measures: Scotland (1) Where a regulated tree pest is found to be...

    39. 40.In article 31— (a) in paragraph (1), for “landed” substitute...

    40. 41.In article 32— (a) for paragraph (2)(a) substitute—

    41. 42.In article 36(2), omit “, including representatives of the European...

    42. 43.After article 37 insert— Further emergency measures: Scotland (1) The following schedules make provision about emergency measures.

    43. 44.In article 38— (a) in paragraph (1)—

    44. 45.In article 39— (a) in the heading, omit the words...

    45. 46.In article 40— (a) omit paragraph (2),

    46. 47.Omit article 41.

    47. 48.After article 41 insert— Notification of the likely entry into,...

    48. 49.In article 42— (a) in paragraph (2)(b)—

    49. 50.In article 43(1)— (a) in sub-paragraph (a), after head (i)...

    50. 51.After article 45 insert— Transitional provision: UK plant passports (1) An authorisation to issue plant passports which has been...

    51. 52.For schedules 1 and 1A substitute— SCHEDULE1 Prohibited tree pests...

    52. 53.For schedule 2 substitute— SCHEDULE2 Prohibited infested material Article 2(1)...

    53. 54.For schedule 3 substitute— SCHEDULE3 Prohibited imported material Article 2(1)...

    54. 55.For schedule 4 substitute— SCHEDULE4 Regulated material Article 2(1) Interpretation...

    55. 56.For schedule 5 substitute— SCHEDULE5 Article 3 PARTA Notifiable material...

    56. 57.For schedule 6 substitute— SCHEDULE6 Article 2(1) PARTA Relevant material...

    57. 58.For schedule 7 substitute— SCHEDULE7 Notifiable relevant material destined for...

    58. 59.After schedule 7 insert— SCHEDULE7A Derogations from specific prohibitions and...

    59. 60.Omit schedule 8.

    60. 61.In schedule 9— (a) in the heading, for “plant passports”...

    61. 62.In schedule 12, in Part A— (a) in paragraph 1—...

    62. 63.After schedule 12 insert— SCHEDULE 12A Emergency measures: miscellaneous Article...

    63. 64.Omit schedule 13.

    64. 65.After schedule 13, insert— SCHEDULE13B Licences for trial or scientific...

  4. PART 3 Amendment of the Forest Reproductive Material (Great Britain) Regulations 2002

    1. 66.(1) The Forest Reproductive Material (Great Britain) Regulations 2002 are...

  5. PART 4 Amendment of the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015

    1. 67.The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015...

    2. 68.In regulation 2(1)— (a) at the appropriate place insert— “controlled...

  6. PART 5 Amendments to the Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017

    1. 69.The Forestry (Environmental Impact Assessment) (Scotland) Regulations 2017 are amended...

    2. 70.In regulation 2(1), in the definition of “Union legislation”, for...

    3. 71.In regulation 5(1)(b), for “Parts 4, 5, 6 and, where...

    4. 72.In regulation 7(3), for “, 19(1)(b) or, where relevant, regulation...

    5. 73.In regulation 18(2)(b), omit “ and, where relevant, state that...

    6. 74.In regulation 24(2)(e)(ii), omit— (a) “and, where relevant, Part 7”,...

    7. 75.In regulation 26, omit paragraph (3).

    8. 76.Omit Part 7.

    9. 77.In regulation 32— (a) in paragraph (3), omit “(except in...

    10. 78.In schedule 3— (a) in paragraph 6, for the words...

  7. PART 6 Revocations

    1. 79.The following instruments are revoked.

    2. 80.EU regulations

    3. 81.EU decisions

    4. 82.Commission Decision 93/365/EEC authorising the Member States to provide for...

    5. 83.Commission Decision 93/422/EEC authorising the Member States to provide for...

    6. 84.Commission Decision 93/423/EEC authorising the Member States to provide for...

    7. 85.Commission Decision 2002/757/EC on provisional emergency phytosanitary measures to prevent...

    8. 86.Commission Decision 2005/359/EC providing for a derogation from certain provisions...

    9. 87.Commission Implementing Decision 2013/780/EU providing for a derogation from Article...

    10. 88.Commission Implementing Decision 2014/917/EU setting out detailed rules for the...

    11. 89.Commission Implementing Decision (EU) 2015/179 authorising Member States to provide...

    12. 90.Commission Implementing Decision 2017/198/EU as regards measures to prevent the...

  8. Signature

  9. Explanatory Note

Back to top

Options/Help

Print Options

You have chosen to open The Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Instrument as a PDF

The Whole Instrument you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Instrument

The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Draft Policy Note

Draft Policy Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as draft version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources