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The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Plant Health (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (revoked) No. 124

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37.  In article 17 (approved places of inspection) —

(a)for paragraph (1) substitute—

(1) The Scottish Ministers may approve premises which are not located at a point of entry or are not part of a designated area of plant health control as a place at which appropriate checks may be carried out by an inspector in respect of notifiable relevant material, other than notified EU material.,

(b)in paragraph (2) for “a place of destination” to “inspection” substitute “approval under paragraph (1)”,

(c)for paragraphs (4) and (5) substitute—

(4) The Scottish Ministers may only approve premises as an approved place of inspection in respect of notifiable relevant material, other than notified EU material, if the premises have been designated or approved by the Commissioners for Her Majesty’s Revenue and Customs for that purpose.

(5) In the case of any other premises, the Scottish Ministers may only approve those premises as an approved place of inspection for the purpose of carrying out appropriate checks in respect of EU transit material.

(6) In this article, “appropriate checks”, in relation to a consignment of relevant material, means—

(a)an examination of the phytosanitary certificate or phytosanitary certificate for re-export accompanying the consignment to determine whether it is the correct phytosanitary certificate,

(b)an examination of the consignment to determine whether it corresponds to its description in the trade documents that accompany it,

(c)an examination of the consignment and its packaging, and where necessary, the vehicle transporting the consignment to determine whether it meets the applicable requirements prescribed in article 5..

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