The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 No. 421 xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 Introduction
1.Citation, commencement and extent
2.Interpretation: general
3.Interpretation: EU instruments
3A.Measures adopted pursuant to Article 30(1) of the EU Plant Health Regulation
4.Article 82 of the EU Plant Health Regulation: meaning of “close proximity”
PART 2 Competent authorities
5.Designation of competent authority
6.Disclosure of information
PART 3 Official Controls on controlled consignments from third countries and other official controls on goods from third countries
7.Derogation to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013
8.Suspicion of non-compliance
9.Consignments not correctly presented for official controls
10.Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health
11.Notices under regulation 8, 9 or 10
12.Border control posts: authorisation of inspection centre and commercial storage facilities
13.Transitional provision: approved places of inspection
PART 4 Official activities to prevent the establishment or spread of plant pests
14.Introduction
15.Notices in relation to controlled plant pests or prohibited material
16.Action which may be taken by a plant health inspector
17.Establishment of demarcated areas and measures to be taken in those areas
PART 5 Temporary national measures
18.Temporary national measures
PART 6 Registration, authorisations and certificates
19.Applications for registration
20.Other applications
21.Authorisations for other purposes
22.Authorisations granted by the Scottish Ministers
PART 7 Measures relating to certain solanaceous species
23.Specific measures relating to certain solanaceous species
PART 8 Notification requirements
24.Notification requirements in relation to seed potatoes
25.Notification requirements in relation to citrus fruits
26.Notification requirements in relation to other plants and plant products
27.Notification requirements in relation to Tomato brown rugose fruit virus and Rose Rosette virus
PART 9 General powers of inspectors and enforcement
28.Interpretation
29.Powers of entry
30.Right of entry conferred by a warrant issued by a sheriff, a summary sheriff or a justice of the peace
31.Information notices
32.Failure to comply with a notice
32A.Removal of ISPM 15 mark from wood packaging material
32B.Marking of wood packaging material: power of seizure
33.Disclosure of information held by Revenue and Customs
PART 10 General and supplemental provisions relating to notices
34.Interpretation
35.Miscellaneous provisions as to notices
36.Service of notices
PART 11 Offences
37.General
38.Failure to comply with requirements of notices etc.
39.Defence: reasonable excuse for failure to comply with requirements of notices etc.
40.Provision of false or misleading information
41.Improper use of ... plant passports , Northern Ireland plant health labels or certificates
42.Obstruction etc.
43.Defence: reasonable excuse for obstruction etc.
44.Offence relating to the disclosure of information held by Revenue and Customs
45.Defence: lawful disclosure of information held by Revenue and Customs
46.Offences by bodies corporate, etc.
47.Penalties
PART 12 Miscellaneous
48.Minor and consequential amendments
49.Revocation
50.Transitional provisions: licences under article 39(1) of the Forestry Order or article 41(1) of the 2005 Order
51.Transitional provisions: other licences under the Forestry Order or the 2005 Order
52.Transitional provisions: notices
53.Transitional provisions: approvals granted under article 17(1) of the Forestry Order or article 17(1) of the 2005 Order
Signature
SCHEDULE 1
Temporary national measures
PART 1 Introduction
1.Interpretation
PART 2 Plants, plant products or other objects from third countries
2.Temporary measures in relation to Ceratocystis platani (J.M. Walter) Engelbr. & T.C. Harr
2A.Temporary measures in relation to Candidatus Phytoplasma ulmi
2B.Temporary measures in relation to Agrilus planipennis Fairmaire
2C.Exception for controlled material in transit
PART 3 Plants, plant products or other objects from another part of the Union territory
3.Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory
4.. . . . . . . . . ....
PART 4 Official controls on consignments from third countries
5.. . . . . . . . . ....
6.Application of this Part
7.Notification and presentation of schedule 1 consignments
8.Consignments not correctly presented for official controls
9.Official controls to be performed on schedule 1 consignments
10.Completion of official controls
11.Removal of schedule 1 consignments from border control posts of arrival
12.Measures to be taken on non-compliant schedule 1 consignments
13.Measures to be taken on schedule 1 consignments
14.Notification of decisions to refuse the entry of a schedule 1 consignment into Scotland
15.Notices under this Part
SCHEDULE 2
Specific measures relating to certain solanaceous species
PART 1 General interpretation
1.In this schedule— “basic seed potatoes” has the meaning given...
PART 2 General provisions relating to the planting of certain solanaceous species
2.General restrictions on the planting of potatoes
3.Special Measures
4.Potato Cyst Nematode
5.Official surveys
5A.An official survey conducted under this Part or Part 4...
6.. . . . . . . . . ....
PART 3 Measures for the control of Potato Wart Disease
7.Interpretation
8.Official measures relating to contaminated plots of land
9.Prohibition on the planting of potatoes on contaminated plots
10.Revocation of the demarcation of a contaminated plot
PART 4 Measures for the control of European populations of Potato Cyst Nematode
11.Standard sampling rate for official soil test
12.Lower sampling rate for official soil test
13.Official tests carried out before 1 July 2010
14.Further reduction of standard and lower sampling rates
15.Continued use of lower and reduced sampling rates
16.Minimum size of soil sample
17.Action following official soil test or official survey
18.Notice that sampling unit is infested with Potato Cyst Nematode
19.Sampling units infested with Potato Cyst Nematode: planting of potatoes not intended for production of seed potatoes
20.Notice authorising planting of potatoes not intended for production of seed potatoes in sampling units infested with Potato Cyst Nematode
21.Notice of contamination
22.Prohibitions following issue of notice of contamination
23.Notice of contamination: authorisation for movement of potatoes for industrial processing or grading
24.Notices of infestation or contamination: revocation
25.Further investigations
PART 5 Potato Cyst Nematode - species to which controls apply
PART 6 Measures for the control of Potato Ring Rot
26.Interpretation
27.Official surveys and testing
28.Measures to be taken following the confirmation of the presence of Potato Ring Rot
29.Restrictions in relation to specified plant material or objects contaminated or probably contaminated with Potato Ring Rot
30.Contaminated place of production – notice (general)
31.Contaminated place of production – notice in relation to any field also designated as contaminated
32.Measures in relation to a contaminated place of production
33.Contaminated place of production – notice in relation to fields other than those referred to in paragraph 31
34.Contaminated place of production – notice and authorisation where unit of protected crop production also designated as contaminated
35.Contaminated place of production – notice under paragraph 30 requiring cleansing and disinfecting
36.Demarcated zone
PART 7 Measures for the control of Ralstonia solanacearum (Smith) Yabuuchi et al.
37.Interpretation
38.Official surveys and testing
39.Measures to be taken following the confirmation of the presence of R. solanacearum
40.Restrictions in relation to specified plant material or objects contaminated or probably contaminated with R. solanacearum
41.Contaminated place of production – notice (general)
42.Contaminated place of production – notice in relation to any field also designated as contaminated
43.Measures in relation to contaminated place of production
44.Contaminated place of production – notice in relation to fields other than those referred to in paragraph 42
45.Contaminated place of production – notice and authorisation where unit of protected crop production also designated as contaminated
46.Contaminated place of production – notice under paragraph 41
47.Demarcated zones
PART 8 Measures relating to potatoes originating in Egypt
48.(1) In this paragraph, “potatoes originating in Egypt” means any...
SCHEDULE 3
Offences: relevant provisions in the Plant Health Regulation, Official Controls Regulation and other assimilated legislation
PART 1 The ... Plant Health Regulation
PART 2 The Official Controls Regulation
PART 3 Other retained EU legislation
SCHEDULE 3A
Offences: relevant offences in the Windsor Framework (Plant Health) Regulations 2023
SCHEDULE 4
Offences: EU decisions relating to plant health
SCHEDULE 5
Amendments to secondary legislation
PART 1 The Marketing of Vegetable Plant Material Regulations 1995
1.(1) The Marketing of Vegetable Plant Material Regulations 1995 are...
PART 2 The Marketing of Ornamental Plant Propagating Material Regulations 1999
2.(1) The Marketing of Ornamental Plant Propagating Materials Regulations 1999...
PART 3 The Forest Reproductive Material (Great Britain) Regulations 2002
3.(1) The Forest Reproductive Material (Great Britain) Regulations 2002 are...
PART 4 The Potatoes Originating in Egypt (Scotland) Regulations 2004
4.(1) The Potatoes Originating in Egypt (Scotland) Regulations 2004 are...
PART 5 The Plant Health (Potatoes) (Scotland) Order 2006
5.In the Plant Health (Potatoes) (Scotland) Order 2006 , in...
PART 6 The Plant Health (Fees) (Scotland) Regulations 2008
6.(1) The Plant Health (Fees) (Scotland) Regulations 2008 are amended...
PART 7 The Waste Management Licensing (Scotland) Regulations 2011
7.(1) The Waste Management Licensing (Scotland) Regulations 2011 are amended...
PART 8 The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014
8.(1) The Plant Health (Import Inspection Fees) (Scotland) Regulations 2014...
PART 9 The Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015
9.(1) The Plant Health (Fees) (Forestry) (England and Scotland) Regulations...
PART 10 The Seed Potatoes (Scotland) Regulations 2015
10.(1) The Seed Potatoes (Scotland) Regulations 2015 are amended as...
PART 11 The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017
11.(1) The Marketing of Fruit Plant and Propagating Material (Scotland)...
PART 12 The Plant Health (Export Certification) (Scotland) Order 2018
12.(1) The Plant Health (Export Certification) (Scotland) Order 2018 is...
SCHEDULE 6
Revocation of instruments
Explanatory Note