The Plant Health (Scotland) Amendment (No. 2) Order 2010

Made: 23rd September 2010

Laid before the Scottish Parliament: 27th September 2010

Coming into force: 5th November 2010

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Citation and commencement

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Amendments to the Plant Health (Scotland) Order 2005

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Amendment of article 5, 19 and 43

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Amendment of Schedule 3

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Amendment of Schedule 4

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Signed

RICHARD LOCHHEAD — A member of the Scottish Executive — 2010-09-23

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Plant Health (Scotland) Order 2005 (S.S.I. 2005/613) (“the principal Order”) to implement certain import restrictions on plants, other than seeds, of certain species, intended for planting, originating in any third country to prevent the introduction into Scotland of Anoplophora chinensis (Forster) (the citrus longhorn beetle).

This Order implements Commission Decision 2008/840/EC of 7thNovember 2008 on emergency measures to prevent the introduction into and spread within the Community of Anoplophora chinensis (Forster) (O.J. L300, 11.11.2008, p.36) and Commission Decision 2010/380/EU of 7thJuly 2010 amending Decision 2008/840/EC as regards emergency measures to prevent the introduction into and spread within the Community of Anoplophora chinensis (Forster) (O.J.L174, 9.7.2010, p.46).

In particular Article4 amends Schedule3 to the principal Order to prohibit the import on or before 30thApril 2012 of plants of Acer spp., originating from China.

Article5 amends Schedule4 to the principal Order to prohibit imports of certain plant species originating in any third country where Anoplophora chinensis (Forster) is known to occur unless certain conditions are met. In the case of those plant species originating in China, certain additional conditions require to be met.

It is an offence under the principal Order to contravene these requirements and Part 6 of the principal Order provides plant health inspectors with general enforcement powers.

A Regulatory Impact Assessment has not been prepared for this instrument as no impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: 1967 c.8. Sections2(1) and 3(1) were amended by the European Communities Act 1972 (c.68) (“the 1972 Act”), section4(1) and Schedule4, paragraph8. Section3(4) was substituted by section42 of the Criminal Justice Act 1982 (c.48) and further amended by section17(1) of the Criminal Justice Act 1991 (c.53) and the Statute Law (Repeals) Act 1993 (c.50), section1(1) and Schedule1, PartXIV. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46).

[^f00002]: 1972 c.62.

[^f00003]: O.J. L300, 11.11.2008, p.36; as amended by Decision 2010/380/EU (O.J. L174, 9.7.2010, p.46).

[^f00004]: S.S.I. 2005/613, amended by S.S.I. 2006/474, 2007/415 and 498, 2008/300 and 350, 2009/153 and 2010/206.

Editorial notes

[^key-e7e939072839dd496ee56cb57f5f2e12]: Order revoked (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 6