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Statutory Instruments of the Scottish Parliament
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URL: http://www.bailii.org/scot/legis/num_reg/2003/20030224.html

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SCOTTISH STATUTORY INSTRUMENTS

2003 No. 224

PLANT HEALTH

The Plant Health (Great Britain) Amendment (Scotland) Order 2003

  Made 28th March 2003 
  Laid before the Scottish Parliament 31st March 2003 
  Coming into force 1st April 2003 

The Scottish Ministers, in exercise of the powers conferred by sections 2 and 3(1) of the Plant Health Act 1967[1] and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and extent
     1.  - (1) This Order may be cited as the Plant Health (Great Britain) Amendment (Scotland) Order 2003 and shall come into force on 1st April 2003.

    (2) This Order extends to Scotland only.

Amendment of the Plant Health (Great Britain) Order 1993
     2.  - (1) The Plant Health (Great Britain) Order 1993[2] is amended in accordance with paragraphs (2) to (21) below.

    (2) In article 2(1) (interpretation)-

    (3) In Schedule 1, Part A, Section 1(a) (insects, mites and nematodes, at all stages of their development)-

    (4) In Schedule 1, Part A, Section 2(a) (insects, mites and nematodes, at all stages of their development), items 4, 5 and 6 are omitted.

    (5) In Schedule 1, Part B(a) (insects, mites and nematodes, at all stages of their development), after item 2 there is inserted-

    "      3. Liriomyza bryoniae (Kaltenbach)

 IRL and UK (Northern Ireland)".


    (6) In Schedule 1, Part B(d) (virus and virus-like organisms), for the entry in the second column opposite item 1 there is substituted-

    (7) In Schedule 2, Part A, Section 1(c) (fungi), after item 1 there is inserted-


    (8) In Schedule 2, Part A, Section 2(a) (insects, mites and nematodes, at all stages of their development), after item 7 there is inserted-


    (9) In Schedule 2, Part B(a) (insects, mites and nematodes, at all stages of their development), for the entry in the third column opposite item 5[9] there is substituted-

    (10) In Schedule 2, Part B(b) (bacteria), for the entry in the third column opposite item 2[10] there is substituted-

    (11) In Schedule 3, Part B (plants, plant products and other objects the introduction of which shall be prohibited in certain protected zones), for the entry in the second column opposite item 1[11] there is substituted-

    (12) In Schedule 4, Part A, Section 1 (plants, plant products and other objects originating outside the Community)-


(b) for items 32.1, 32.2 and 32.3 there is substituted-


(c) for items 36.1 and 36.2 there is substituted-


(d) for the entry in the second column opposite item 40 there is substituted-


(f) in the entry in the second column opposite item 46[12], after "(45.1)" there is inserted "(45.2) and (45.3)"; and

(g) in the entry in the first column opposite each of items 53 and 54[13], after "Pakistan" there is inserted ", South Africa".

    (13) In Schedule 4, Part A, Section 2 (plants, plant products and other objects originating in the Community) for item 24 there is substituted-


    (14) In Schedule 4, Part B (special requirements which shall be laid down for the introduction and movement of plants, plant products and other objects into and within certain protected zones)-


(d) in the entry in the second column opposite item 21(a)[16] after "the plants originate in the protected zones" and for the entry in the third column opposite item 21 there is substituted-


(f) for item 24[18] there is substituted-


(g) items 25.1 and 25.2[19] are omitted;

(h) after item 24 there is inserted-


(i) for item 26[20] there is substituted-


(j) in the entries in the second and third columns opposite item 30[21] there is substituted-


    (15) In Schedule 5, Part A, Section I (plants, plant products and other objects which are potential carriers of plant pests of relevance for the entire Community, and which must be accompanied by a plant passport), in item 2.1[22], after the words "Verbena L." there is inserted-

    (16) In Schedule 5, Part A, Section II (plants, plant products and other objects which are potential carriers of plant pests of relevance for certain protected zones, and which must be accompanied by a plant passport valid for the appropriate zone when introduced into or moved within that zone)-

    (17) In Schedule 5, Part B, Section I (plants, plant products and other objects which are potential carriers of plant pests of relevance for the entire Community)-

    (18) In Schedule 5, Part B Section II (plants, plant products and other objects which are potential carriers of plant pests of relevance for certain protected zones) for items 1 and 2 there is substituted-

    (19) In Schedule 8(a) (insects, mites and nematodes, at all stages of their development)-


    (20) In Schedule 8(b) (bacteria) for the entry in the second column opposite item 2[26] there is substituted-

    (21) In Schedule 8(d) (viruses and virus-like organisms) for the entry in the second column opposite item 1[27] there is substituted-


ROSS FINNIE
A member of the Scottish Executive

Pentland House, Edinburgh
28th March 2003


EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Plant Health (Great Britain) Order 1993 ("the principal Order"), in relation to Scotland, so as to implement-

    (1) Commission Directive 2002/36/EC (O.J. No. L 116, 3.5.02, p.16) and Commission Directive 2003/22/EC (O.J. No. L 78, 25.3.03, p.10), which amend certain Annexes to Council Directive 2000/29/EC (O.J. No. L 169, 10.7.00, p.1) on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community; and

    (2) Commission Directive 2003/21/EC (O.J. No. L 78, 25.3.03, p.8), which amends some protected zones exposed to particular plant health risks in the Community in Commission Directive 2001/32/EC (O.J. No. L 127, 9.5.01, p38).

The principal changes introduced by this Order, which comes into force on 1st April 2003, are the-

The Order makes other minor corrections and improvements to the principal Order.

Notes:

 [1] 1967 c.8. Sections 2(1) and 3(1) were amended by the European Communities Act 1972 (c.68), section 4(1) and Schedule 4, paragraph 8. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

[2] S.I. 1993/1320; amended by S.I. 1993/3213, 1995/1358 and 2929, 1996/25, 1165 and 3242, 1997/1145 and 2907, 1998/349 and 1121, S.S.I. 1999/22, 2001/249 and 2002/164.back

[3] O.J. No. L 169, 10.7.00, p.1.back

[4] O.J. No. L 127, 9.5.01, p.42; and see the associated Commission Directive 2001/32/EC, O.J. No. L 127, 9.5.01, p.38.back

[5] O.J. No. L 77, 20.3.02, p.23; and see the associated Commission Directive 2002/29/EC, O.J. No. L 77, 20.3.02, p.26.back

[6] O.J. No. L 116, 3.5.02, p.16.back

[7] O.J. No. L 78, 25.3.03, p.10.back

[8] Available from IPPC Secretariat, AGPP-FAO, Viale Delle Terme di Caracalla, 00100 Rome, Italy and http://www.ippc.int/IPP/En/default.htmback

[9] The entry in the third column of item 5 was substituted by S.S.I. 2001/49, article 7.back

[10] The entry in the third column of item 2 was substituted by S.S.I. 2002/164, article 5.back

[11] The entry in the third column of item 1 was substituted by S.S.I. 2002/164, article 6.back

[12] Item 46 was amended by S.I. 1998/1121, article 2(7).back

[13] Items 53 and 54 were inserted by S.I. 1996/3242, article 4.back

[14] Items 27.1 and 27.2 were inserted by S.I. 1998/1121, article 2(8).back

[15] Item 20.2 was amended by S.I. 1996/1165, article 7, and S.S.I. 2002/164, article 7.back

[16] The entry in the third column of item 21 was substituted by S.S.I. 2001/249, article 11.back

[17] Item 22 was amended by S.I. 1995/1358, article 14, 1996/1165, article 7 and S.S.I. 2002/164, article 7.back

[18] Item 24 was amended by S.I. 1998/1121, article 2(9) and S.S.I. 2001/249, article 11.back

[19] Items 25.1 and 25.2 were amended by S.I. 1995/1358, article 14, 1996/1165, article 7 and S.S.I. 2002/164, article 7.back

[20] Item 26 was amended by 1995/1358, article 14, 1996/1165, article 7 and S.S.I. 2002/164, article 7.back

[21] Item 30 was amended by S.I. 1995/1358, article 14, 1996/1165, article 7 and S.S.I. 2002/164, article 7.back

[22] Item 2.1 was amended by S.I. 1998/1121, article 2(11).back

[23] Item 2.1 was previously substituted by S.I. 1998/1121, article 2(11).back

[24] Item 1 was amended by S.I. 1996/3242, article 5 and 1998/1121, article 2(12). Item 8 was inserted by S.I. 1996/3242, article 5.back

[25] Item 2 was substituted by S.I. 1998/1121, article 2(12).back

[26] Item 2 was substituted by S.S.I. 2002/164, article 7.back

[27] Item 1 was amended by S.I. 1995/1358, article 6, 1996/1165, article 9 and S.S.I. 2002/164, article 10.back


ISBN 0 11062322 3


 
© Crown copyright 2003
Prepared 11 April 2003

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