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The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

Type Scottish-Statutory-Instrument

Publication 2019-12-11

Last updated 2025-11-01

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Made: at 11.15 a.m. on 11th December 2019

Laid before the Scottish Parliament: at 3.30 p.m. on 11th December 2019

Coming into force: 14th December 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) and paragraph 1A of schedule 2 of the European Communities Act 1972 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for the references to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 and to the European Union instruments mentioned in regulation 3(1) to be references to those instruments as amended from time to time.

PART 1 — Introduction

Citation, commencement and extent

1

(1) These Regulations may be cited as the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 and come into force on 14 December 2019.

(2) These Regulations extend to Scotland only.

Interpretation: general

2

(1) In these Regulations—

“the 2005 Order” means the Plant Health (Scotland) Order 2005 ,

“commencement date” means the date on which these Regulations come into force,

“controlled consignment” means a consignment containing any plant, plant product or other object—which may not be brought into Great Britain without a phytosanitary certificate pursuant to—Article 72 or 74 of the ... Plant Health Regulation, or ...any other ... plant health rule, other than Article 73 of the ... Plant Health Regulation,which was exported from Great Britain to a third country and is returning to Great Britain following the refusal by that third country to allow its entry into the country,

“controlled plant pest” means—a plant pest of a description specified in Annexes 2, 2A, 3 or 4 to the Phytosanitary Conditions Regulation, or ...a plant pest subject to any other ... plant health rule , including a potential quarantine plant pest within the meaning given in regulation 21(3),

“EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC as it has effect in EU law,

“forestry material” means—wood which retains part or all of its natural round surface, with or without bark,wood in the form of chips, particles, shavings, sawdust, wood waste or scrap,conifer trees over 3m in height,bark which has been removed or become detached from a living, felled or fallen tree or from part of a living, felled or fallen tree,

“the Forestry Order” means the Plant Health (Forestry) Order 2005 ,

“ISPM 15” means International Standard for Phytosanitary Measures No. 15 of March 2002 on Guidelines for regulating wood packaging material in international trade, prepared by the Secretariat of the International Plant Protection Convention established by the Food and Agriculture Organisation of the United Nations

“Northern Ireland plant health label” has the meaning given in regulation 2 of the Windsor Framework (Plant Health) Regulations 2023;

“Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC, insofar as it applies to ... plant health rules ,

“plant health inspector” means an official plant health officer appointed by the Scottish Ministers,

“Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC,

“plant health rule” means a rule within the meaning given in Article 1(2)(g) of the Official Controls Regulation,

“plant passport” means a passport which is a UK plant passport or other permitted plant passport,

“plant pest” means a pest within the meaning given in Article 1(1) and (2) of the ... Plant Health Regulation,

“the Phytosanitary Conditions Regulation” means Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulations (EU) 2018/2019,

“regulated item” means—any plant, plant product or other object to which a plant health rule applies, other than any plant, plant product or other object which is part of a controlled consignment, ora controlled plant pest,

“working day” means any day, other than—a Saturday or a Sunday,Easter Monday,26 December if it is not a Saturday or a Sunday,27 December in a year in which 25 or 26 December is a Sunday, ora bank holiday in Scotland under the Banking and Financial Dealings Act 1971 ,

“working hour” means a period of one hour during a working day.

(2) Unless the context otherwise requires, words and expressions which are not defined in these Regulations and which appear in both these Regulations and in the ... Plant Health Regulation or the Official Controls Regulation have the same meaning in these Regulations as in the ... Plant Health Regulation or, as the case may be, in the Official Controls Regulation.

Interpretation: EU instruments

3

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) References to the Phytosanitary Conditions Regulation are to be construed as references to that instrument as amended from time to time.

Article 82 of the EU Plant Health Regulation: meaning of “close proximity”

4

(1) For the purposes of Article 82 of the ... Plant Health Regulation, the premises of a registered operator are to be regarded as being in “close proximity” to other premises of that operator if any point on the boundary of its operative area, or of any of its operative areas, is within ten miles of any point on the boundary of the operative area, or of any of the operative areas, of the other premises.

(2) In paragraph (1), “operative area”, in relation to the premises of a registered operator means—

(a) in the case of premises which are used entirely by the registered operator to carry out one or more of the activities mentioned in Article 65(1) of the ... Plant Health Regulation, the area comprising those premises,

(b) in the case of any other premises used by the registered operator to carry out one or more of the activities mentioned in Article 65(1) of the ... Plant Health Regulation applies, an area within the premises which is used by the registered operator to carry out any of those activities.

PART 2 — Competent authorities

Designation of competent authority

5

(1) The Scottish Ministers are designated as the competent authority responsible for the organisation and performance of official controls and other official activities in Scotland insofar as they relate to—

(a) plant pests, plants, plant products or other objects, and

(b) professional operators.

(2) For the purpose of carrying out those of their functions described in paragraph (3), Scottish Ministers may enter into arrangements with the Forestry Commissioners for those functions to be exercised by the Forestry Commissioners on behalf of the Scottish Ministers and in such manner as the Ministers may determine.

(3) The functions are functions under—

(a) paragraph (1)(a) so far as exercisable in relation to tree pests, trees or forestry material,

(b) paragraph (1)(b) so far as they relate to forestry professional operators.

(4) In this regulation—

“forestry professional operator” means a professional operator who carries out one or more of the following activities, but no other activities in relation to plants or plant products described in Article 2(9) of the ... Plant Health Regulation—the introduction of forestry material into Scotland,the storage, aggregation or movement of forestry material within Scotland, the movement of forestry material into Scotland from another part of Great Britain or a CD territory or the movement of forestry material from Scotland to another part of Great Britain or a CD territory,the export of forestry material from Scotland to a third country or Northern Ireland,the treatment and marking of wood packaging material or forestry material in accordance with Annex 1 to ISPM 15 or the repair of wood packaging material in Scotland,the introduction of tree pests into Scotland, the movement of tree pests within Scotland or the holding or multiplication of tree pests in Scotland for official testing, scientific or educational purposes, trials, varietal selection or breeding,the introduction of trees or forestry material into Scotland or the movement of trees or forestry material within Scotland for use in official testing, scientific or educational purposes, trials, varietal selection or breeding,

“tree” means a living tree or shrub, or a living part of a tree or shrub, at any stage of its growth,

“tree pest” means a plant pest which is injurious to trees or wood,

“wood packaging material” means wood or wood products (excluding paper products) used, or intended to be used, for supporting, protecting or carrying a commodity of any kind, including dunnage.

Disclosure of information

6

(1) The Scottish Ministers may disclose information to any other competent authority in another part of the United Kingdom or to a CD authority for the purposes of the ... Plant Health Regulation , the Windsor Framework (Plant Health) Regulations 2023 or the Official Controls Regulation.

(2) Nothing in paragraph (1) affects any other power or requirement of the Scottish Ministers to disclose information.

PART 3 — Official Controls on controlled consignments from third countries and other official controls on goods from third countries

Derogation to the requirement to give prior notification in accordance with Article 1(1) of Commission Implementing Regulation (EU) 2019/1013

7

(A1) The operator who is responsible for a controlled consignment of forestry material which is to be brought into Scotland by air or a controlled consignment which is to be brought into a RoRo, port in Scotland must have notified the Scottish Ministers of the consignment’s expected arrival at least four working hours before its expected arrival in Scotland.

(1) In the case of any controlled consignment which consists, in whole or in part, of unprocessed logs or sawn or chipped wood and is to be brought into Scotland at a point of entry which only has a temporary border control post, the operator who is responsible for the controlled consignment must notify the Scottish Ministers of the consignment's arrival at least three working days before its expected arrival in Scotland.

(2) Article 1(1) of Commission Implementing Regulation (EU) 2019/1013 does not apply to any operator who is responsible for a controlled consignment referred to in paragraph (1).

(3) In this regulation—

“Commission Implementing Regulation (EU) 2019/1013” means Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union ,

“RoRo” means a RoRo listed location within the meaning of regulation 130 of the Customs (Import Duty) (EU Exit) Regulations 2018,

“temporary border control post” means a border control post in Scotland which has been exempted from the obligations in Article 64(3)(a), (c) and (f) of the Official Controls Regulation pursuant to Article 4 of Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts .

Suspicion of non-compliance

8

(1) This regulation applies where a plant health inspector suspects that a controlled consignment or a regulated item is likely to be, or has been, brought into Scotland from a third country in contravention of a plant health rule or that any such consignment or item may not otherwise comply with a plant health rule.

(2) A plant health inspector must serve a notice on the operator who is responsible for the controlled consignment or regulated item—

(a) placing the consignment or item under official detention, and

(b) prohibiting the entry of the consignment or item into Great Britain,

pending the outcome of official controls to confirm or eliminate the suspicion referred to in paragraph (1).

(3) This regulation applies to any controlled consignment or regulated item whether or not its ultimate destination is in Scotland.

Consignments not correctly presented for official controls

9

Where a plant health inspector suspects or is aware that a controlled consignment has not been presented for official controls in accordance with Article 47(1) of the Official Controls Regulation, or in accordance with the other requirements referred to in Article 66(6) of that Regulation, the plant health inspector must serve a notice on the operator who is responsible for the controlled consignment recalling the consignment and placing the consignment under official detention.

Official measures in relation to non-compliant consignments or consignments which pose a risk to plant health

10

(1) This regulation applies to—

(a) any controlled consignment or regulated item which, in the opinion of a plant health inspector, has been brought into Scotland from a third country in contravention of a plant health rule,

(b) any controlled consignment or regulated item which has been brought into Scotland from a third country and which does not otherwise comply with a plant health rule, or

(c) any consignment which has been brought into Scotland from a third country and which, in the opinion of a plant health inspector, poses a risk to plant health in Scotland or to any other part of Great Britain.

(2) A plant health inspector must serve a notice on the operator who is responsible for the controlled consignment or regulated item—

(a) placing the consignment or item under official detention, and

(b) setting out the measures which the operator must take in relation to the consignment or item.

Notices under regulation 8, 9 or 10

11

A notice under regulation 8, 9 or 10 may include any of the following—

(a) the measures that the operator who is responsible for the controlled consignment or regulated item must take in relation to the consignment or item to isolate or quarantine the consignment or item or otherwise deal with the risk to plant health arising from the consignment or item,

(b) where a plant health inspector requires the consignment or item to be destroyed or otherwise disposed of, re-exported or treated, the measures that the operator who is responsible for the controlled consignment or regulated item must take to destroy or otherwise dispose of, re-export or treat the consignment or item,

(c) any other measures which the plant health inspector considers are appropriate in light of the suspected or known contravention or the risk to plant health in Scotland or to any other part of Great Britain arising from the consignment or item.

Border control posts: authorisation of inspection centre and commercial storage facilities

12

(1) The Scottish Ministers may grant a permit which authorises—

(a) the use of a facility which is located within a border control post as an inspection centre for the purposes of carrying out official controls and other official activities on controlled consignments ... and other regulated items on their arrival at the border control post,

(b) the use of commercial storage facilities within the close vicinity of a border control post as a place at which identity checks and physical checks may be performed on controlled consignments ... and other regulated items on their arrival at the border control post.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) An application for a permit must be made to the Scottish Ministers by the operator of the facility or commercial storage facilities in the manner and form required by the Scottish Ministers.

(3) A permit may only be granted under paragraph (1)(a) if the Scottish Ministers are satisfied that the facility complies with the requirements specified in respect of inspection centres in Article 8 of Regulation (EU) 2019/1014.

(4) A permit may only be granted under paragraph (1)(b) if the Scottish Ministers are satisfied that the commercial storage facilities comply with the requirements specified in respect of commercial storage facilities in Article 3(11) of Regulation (EU) 2019/1014.

(5) A permit granted under paragraph (1)(a) or (b) must be in writing and may be granted—

(a) subject to conditions,

(b) for an indefinite period or a specified period.

(6) A permit granted under paragraph (1)(a) or (b) may be modified, suspended or revoked at any time by the Scottish Ministers by notice in writing.

(7) In this regulation, “Regulation (EU) 2019/1014” means Commission Implementing Regulation (EU) 2019/1014 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points .

Transitional provision: approved places of inspection

13

(1) The Scottish Ministers may during the relevant period authorise—

(a) the transportation of a controlled consignment to an approved place of inspection, and

(b) the performance of identity checks and plant health checks by a plant health inspector at an approved place of inspection.

(2) The operator who is responsible for a controlled consignment that is destined for an approved place of inspection must—

(a) by notice in writing give the Scottish Ministers the particulars set out in paragraph (3) no later than three working days before the consignment arrives in Scotland,

(b) ensure that the consignment, its packaging and the vehicle in which it is transported are closed or sealed in such a way that there is no risk of the plants, plant products or objects in the consignment causing infestation, infection or contamination or a change occurring in the contents of the consignment, and

(3) The particulars are—

(a) the name, address and location of the approved place of inspection to which the consignment is destined,

(b) the scheduled date and time of arrival of the consignment at the place referred to in sub-paragraph (a),

(d) if available, the date and place at which that plant health movement document was drawn up,

(e) the name, address and registration number of the operator, and

(f) the reference number of the phytosanitary certificate or phytosanitary certificate for re-export required in relation to the consignment pursuant to Article 72(1) or 74(1) of the EU Plant Health Regulation.

(4) The operator must notify the Scottish Ministers immediately in writing of any changes to the particulars which the operator has given under paragraph (2)(a).

(5) The notice must be given to the Scottish Ministers at the address given by the Scottish Ministers from time to time for the purposes of this regulation.

(6) The Scottish Ministers may for the purposes of paragraph (1) approve a place to which a controlled consignment may be destined as a place at which identity checks and plant health checks may be performed by a plant health inspector during the relevant period.

(7) An application for approval under paragraph (6) must be made to the Scottish Ministers in the manner and form required by the Scottish Ministers.

(8) An approval may be granted subject to conditions, including conditions relating to the storage of controlled consignments, and may be withdrawn at any time if the Scottish Ministers no longer consider that the place to which the approval relates is suitable for the purpose for which the approval was given.

(9) The Scottish Ministers may only approve a place as an approved place of inspection if the place has been approved by the Commissioners for Her Majesty's Revenue and Customs for use as a temporary storage facility.

(10) In this regulation—

“approved place of inspection” means a place which was approved as a place of inspection by the Scottish Ministers under article 17(1) of the Forestry Order or the 2005 Order before the commencement date and which remains approved by virtue of regulation 53(1) or a place approved under paragraph (6),

“plant health movement document” means a document in the form set out in the Annex to Commission Directive 2004/103/EC on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks ,

“relevant period” means the period beginning on the commencement date and ending on 13th December 2020,

“temporary storage facility” means a temporary storage facility within the meaning of Article 148 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (as it has effect in EU law before IP completion day).

PART 4 — Official activities to prevent the establishment or spread of plant pests

Introduction

14

(1) This Part applies if a plant health inspector suspects that a controlled plant pest or prohibited material is present or likely to be present, or becomes aware that a controlled plant pest or prohibited material is present, on any premises in Scotland.

(2) In this Part—

“premises” includes any place, including land, building, vehicle, vessel, aircraft, hovercraft, freight container, railway wagon, trailer or movable building or structure,

“prohibited material” means—a plant, plant product or other object which is carrying or is infested by or infected with a controlled plant pest or which may be carrying or may be infested by or infected with a controlled plant pest,a plant, plant product or other object the entry of which into Great Britain is prohibited under a plant health rule ...,a plant, plant product or other object the movement of which ... into, within or from Scotland is prohibited under a plant health rule ....

Notices in relation to controlled plant pests or prohibited material

15

(1) A plant health inspector may serve a notice on the appropriate person—

(a) requiring the appropriate person to treat, destroy or otherwise dispose of the controlled plant pest or prohibited material,

(b) prohibiting for the period specified in the notice—

(i) the removal of any controlled plant pest or prohibited material from the premises, or

(ii) any activity which the inspector considers necessary to prohibit in order to prevent the establishment or spread of a controlled plant pest,

(d) requiring the taking of any other steps, as specified in the notice, which the inspector considers necessary to eradicate the controlled plant pest or prevent its establishment or spread.

(2) If a plant health inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of, or ensuring the eradication of, any controlled plant pest from any premises, the inspector may serve a notice on the occupier imposing any prohibition or requiring any reasonable step to be taken for that purpose.

(3) In paragraph (1), “appropriate person” means—

(a) in the case of premises used by a professional operator, the professional operator,

(b) in the case of any other premises—

(i) the occupier or any other person in charge of the premises,

(ii) any other person who is charge of the controlled plant pest or the prohibited material at those premises.

Action which may be taken by a plant health inspector

16

(1) A plant health inspector may, on giving reasonable notice, enter any premises and any adjacent premises for the purpose of taking steps to—

(a) eradicate, destroy or otherwise deal with any controlled plant pest,

(b) prevent the spread of any controlled plant pest,

(2) A plant health inspector must, if requested to do so, produce evidence of the inspector's authority before entering any premises for the purposes specified in paragraph (1).

(3) Paragraph (1) does not apply to any premises which are used wholly or mainly as a private dwelling unless 24 hours' notice has been given to the occupier.

(4) A plant health inspector may be accompanied by such other persons ... and may bring onto the premises such equipment and vehicles as the inspector considers necessary.

(5) A person accompanying a plant health inspector under paragraph (4) may—

(a) remain on the premises and from time to time re-enter the premises without a plant health inspector,

(b) bring onto the premises any equipment or vehicles that the person considers necessary,

(6) In paragraph (1)(c), “infected material” means—

(a) a plant, plant product or other object which is carrying, or is infested by or infected with, a controlled plant pest or may be carrying or infected with a controlled plant pest,

(b) a plant, plant product or other object which is not carrying or is not infested by or infected with, a controlled plant pest but the presence or existence of which may, in the opinion of a plant health inspector, cause a controlled plant pest to spread or be spread.

Establishment of demarcated areas and measures to be taken in those areas

17

(1) Paragraph (2) applies where the Scottish Ministers have officially confirmed the presence of a controlled plant pest which is not known to be present in Scotland or the presence of a controlled plant pest in an area of Scotland where it was not previously present.

(2) The Scottish Ministers may by notice—

(a) demarcate an area in relation to the presence of the controlled plant pest for the purpose of eradicating or containing the plant pest,

(b) specify the prohibitions or restrictions which are to apply to the demarcated area for that purpose.

(2A) Paragraph (2B) applies where the competent authority in relation to another territory of Great Britain—

(a) has officially confirmed the presence in its territory of a plant pest to which Article 18 of the Plant Health Regulation applies; and

(b) has notified the competent authority in relation to Scotland, in accordance with Article 18(4A) of the Plant Health Regulation, that a demarcated area should extend to or be established in Scotland.

(2B) The competent authority may by notice—

(a) demarcate an area for the purpose of eradicating or containing the plant pest, or for the purpose of preventing the establishment of the pest in Scotland; or

(b) confirm the proposed demarcation of an area in Scotland previously notified to the competent authority by another competent authority in accordance with Article 18(4A) of the Plant Health Regulation.

(2C) A notice under paragraph (2B) may specify the prohibitions or restrictions which are to apply to the demarcated area for any of the purposes specified in that paragraph.

(3) A notice under paragraph (2) or (2B)—

(a) must be in writing,

(b) must describe the extent of the demarcated area,

(d) must be published in a manner appropriate to bring it to the attention of the public,

(e) may be amended or revoked, in whole or in part, by further notice.

(4) In this regulation, “competent authority” has the meaning given by Article 2(6) of the Plant Health Regulation.

PART 5 — Temporary national measures

Temporary national measures

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 — Registration, authorisations and certificates

Applications for registration

19

An application for registration pursuant to Article 66(1) of the ... Plant Health Regulation which is to be submitted to the Scottish Ministers must be submitted in the manner and form required by the Scottish Ministers.

Other applications

20

(1) The following applications must be made to the Scottish Ministers in the manner and form required by the Scottish Ministers—

(a) an application for a temporary authorisation to permit a relevant activity for official testing, scientific or educational purposes, trials, varietal selection or breeding,

(b) an application for an authorisation referred to in Article 64(2) of the ... Plant Health Regulation,

(d) an application for an authorisation referred to in Article 98(1) of the ... Plant Health Regulation,

(e) an application for the issue of a phytosanitary certificate for export or a phytosanitary certificate for re-export.

(2) In this regulation—

Authorisations for other purposes

21

(1) The Scottish Ministers may grant an authorisation to permit—

(a) the carrying out of any activity specified in a plant health derogation,

(b) the introduction into Scotland, the movement within Scotland or the holding or multiplication in Scotland of a potential quarantine plant pest for official testing, scientific or educational purposes, trials, varietal selection or breeding, or

(c) the carrying out of any other activity which requires the approval of the Scottish Ministers under , or by virtue of, the ... Plant Health Regulation, the Official Controls Regulation , any regulations made under the Plant Health Regulation or the Official Controls Regulation or these Regulations.

(2) An application for any such authorisation must be made to the Scottish Ministers in the manner and form required by the Scottish Ministers.

(3) In paragraph (1)—

“plant health derogation” means a derogation from provisions of the Plant Health Regulation which is set out in assimilated law or regulations made under the Plant Health Regulation or the Official Controls Regulation,

“potential quarantine plant pest” means a plant pest which is not a GB quarantine pest or a provisional GB quarantine pest, but which, in the opinion of the Scottish Ministers, fulfils the criteria set out in Subsection 1 of Section 3 of Annex 1 to that Regulation or may fulfil the criteria in Subsection 2 of that Section.

Authorisations granted by the Scottish Ministers

22

(1) An authorisation granted by the Scottish Ministers for the purposes of the ... Plant Health Regulation , the Official Controls Regulation or for the purposes of, or under, these Regulations must be in writing and may be granted—

(a) subject to conditions,

(b) for an indefinite period or a specified period.

(2) An authorisation granted by the Scottish Ministers may be modified, suspended or revoked at any time by the Scottish Ministers by notice in writing.

PART 7 — Measures relating to certain solanaceous species

Specific measures relating to certain solanaceous species

23

Schedule 2 has effect and makes provision for specific measures relating to certain solanaceous species.

PART 8 — Notification requirements

Notification requirements in relation to seed potatoes

24

(1) A professional operator who is bringing any of the following potatoes into Scotland must, at least two days before the expected date of their arrival in Scotland, provide written notification to a plant health inspector of the matters referred to in paragraph (2)—

(a) seed potatoes grown outside Scotland, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The matters are—

(a) the proposed time, date and means of landing,

(b) the proposed place of landing,

(d) their variety and quantity, and

(e) the identification number of the producer of the potatoes or the reference number of the lot.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification requirements in relation to citrus fruits

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification requirements in relation to other plants and plant products

26

(1) A professional operator who is bringing any solid fuel wood from a third country to which Article 47(1) of the Official Controls Regulation does not apply into Scotland must, before or no later than five days after the date of their arrival in Scotland, provide written notification to a plant health inspector of the matters referred to in paragraph (2)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The matters are—

(a) the expected date of the arrival of the consignment or, if the consignment has arrived in Scotland, the date on which it first arrived in Scotland,

(b) the intended destination of the consignment, or if the consignment has arrived at its intended destination in Scotland, its current location,

(d) the country from which the ... wood have been , or are to be, consigned,

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the address of the consignor,

(g) details of any phytosanitary treatments applied to the wood.

(3) In this regulation “solid fuel wood” means fuel wood in the form of logs, billets, twigs, faggots or other similar forms.

Notification requirements in relation to Tomato brown rugose fruit virus and Rose Rosette virus

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 9 — General powers of inspectors and enforcement

Interpretation

28

(1) In this Part—

“ISPM 15 mark” means the mark referred to in Article 96(1) of the ... Plant Health Regulation, which may be applied to wood packaging material to attest that it has been treated in accordance with Annex 1 to ISPM 15,

“premises” includes any place, including any land, building, vehicle, vessel, aircraft, hovercraft, freight container, railway wagon, trailer or movable building or structure,

“wood packaging material” includes any wood or other object which is required to be treated and marked in accordance with Annex 1 to ISPM 15.

(2) For the purposes of regulations 32A and 32B, a person “incorrectly” applies the ISPM 15 mark to wood packaging material if they apply the mark otherwise than in the manner specified in Article 96(1) of the ... Plant Health Regulation, as read with Article 97(1) of the ... Plant Health Regulation.

Powers of entry

29

(1) A plant health inspector may enter any premises at a reasonable time for the purpose of—

(a) performing official controls to verify that—

(i) an operator is complying with the Official Controls Regulation,

(ii) a professional operator is complying with the ... Plant Health Regulation,

(iii) a person is complying with these Regulations, ...

(iv) any plants, plant products or other objects which are subject to a plant health rule comply with that rule, or

(v) an authorised operator, professional operator or registered operator is complying with the Windsor Framework (Plant Health) Regulations 2023,

(b) carrying out other official activities which are to be performed by the Scottish Ministers pursuant to the Official Controls Regulation, the ... Plant Health Regulation , the Windsor Framework (Plant Health) Regulations 2023 or these Regulations,

(c) enforcing the Official Controls Regulation, the ... Plant Health Regulation , the Windsor Framework (Plant Health) Regulations 2023 or these Regulations,

(d) verifying information supplied by a person in connection with an application for registration or for an authorisation or permit granted, or to be granted, under these Regulations,

(e) ascertaining whether a condition of an authorisation or permit granted by the Scottish Ministers for the purpose of the ... Plant Health Regulation or the Official Controls Regulation is being or has been complied with.

(2) A plant health inspector must, if requested to do so, produce evidence of the inspector's authority before entering any premises for the purposes specified in paragraph (1).

(3) Paragraph (1) does not apply to any premises which are used wholly or mainly as a private dwelling unless 24 hours' notice has been given to the occupier.

(4) A plant health inspector who enters premises for a purpose specified in paragraph (1) or under a warrant issued by a sheriff, a summary sheriff or a justice of the peace may—

(a) examine, photograph or mark any part of the premises, any object on the premises or anything that is attached to or otherwise forms part of the premises,

(b) in the case of premises being used to manufacture wood packaging material, examine or test any treatment facility, machinery, tools or other equipment used for the manufacture of wood packaging material or observe and monitor the manufacture of wood packaging material,

(c) take samples of or from any plant pest or any plant, plant product or other object or any container, package or item which has been or may have been in contact with a plant pest or plant, plant product or other object,

(d) open any container or package or require the owner or person in charge of any container or package to open the container or package,

(e) inspect or make copies of any documents or records (in whatever form they may be held) relating to the production of, or any activities relating to, any plant, plant product or other object.

(5) A plant health inspector may destroy or otherwise dispose of any sample taken under this regulation when the sample is no longer required.

(6) A plant health inspector may—

(a) be accompanied by such persons as the inspector considers necessary,

(b) bring onto the premises such equipment and vehicles as the inspector considers necessary.

(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A person accompanying a plant health inspector under paragraph (6) may—

(a) remain on the premises and from time to time re-enter the premises without a plant health inspector,

(b) bring onto the premises any equipment or vehicles that the person considers necessary,

Right of entry conferred by a warrant issued by a sheriff, a summary sheriff or a justice of the peace

30

(1) A sheriff, a summary sheriff or a justice of the peace may by signed warrant permit a plant health inspector to enter premises under regulation 16, 29 or 32(1) if necessary by reasonable force, if the sheriff, the summary sheriff or the justice of the peace, on sworn information in writing, is satisfied that—

(a) there are reasonable grounds to enter those premises, and

(b) any of the conditions in paragraph (2) are met.

(2) The conditions are that—

(a) entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant has been given to the occupier,

(b) asking for admission to the premises, or giving notice of the intention to apply for a warrant, would defeat the object of the entry,

(d) the premises are unoccupied or the occupier is temporarily absent.

(3) A warrant is valid for one month.

(4) A plant health inspector who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.

Information notices

31

(1) A plant health inspector or any other officer of the Scottish Ministers may by notice in writing require an appropriate person to give to the inspector or officer, within the time specified in the notice, any information which the person may possess as to—

(a) the plants grown or products stored at any time on the premises specified in the notice,

(b) any plant pest or plant, plant product or other object referred to in paragraph (4)(b),

(c) the persons who have had, or are likely to have had, any plant pest or plant, plant product or other object referred to in paragraph (4)(b) in their possession or under their charge.

(2) The time within which the information is required to be given to the plant health inspector or other officer must be reasonable.

(3) An appropriate person must produce for examination by the plant health inspector or other officer any authorisation, official statement, certificate, plant passport, Northern Ireland plant health label, record, invoice or other document relating to a plant pest or any plant, plant product or other object specified in the notice.

(4) In this regulation, “appropriate person” means—

(a) in relation to any premises to be specified in a notice under paragraph (1), a person who is the owner, occupier or other person in charge of the premises,

(b) a person who has, has had, or is reasonably suspected by the plant health inspector or officer to have or have had, possession or charge of—

(i) a controlled plant pest,

(ii) any plant, plant product or other object which was carrying a controlled plant pest or which was infested by or infected with a controlled plant pest,

(iii) any plant, plant product or other object which the inspector or officer knows or suspects to have been imported into or exported from Scotland,

(c) a person who, as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of a controlled plant pest.

Failure to comply with a notice

32

(1) If a person fails to comply with a notice served on that person under these Regulations, a plant health inspector may enter any affected premises at all reasonable times to take or cause to be taken any steps that the plant health inspector considers necessary to ensure compliance with the notice or to remedy the consequences of the failure to carry them out.

(2) A plant health inspector acting under paragraph (1) must, if requested to do so, show evidence of the inspector's authority to act.

(3) Paragraph (1) does not apply to any premises which are used wholly or mainly as a private dwelling unless 24 hours' notice has been given to the occupier.

(4) Paragraph (1) does not affect any right of entry conferred by a warrant issued by a sheriff, a summary sheriff or a justice of the peace.

(5) A plant health inspector may be accompanied by such ... persons ... and bring onto the premises such equipment and vehicles as the inspector considers necessary.

(6) A person accompanying a plant health inspector under paragraph (5) may—

(a) remain on the premises and from time to time re-enter the premises without a plant health inspector,

(b) bring onto the premises any equipment or vehicles that the person considers necessary,

Disclosure of information held by Revenue and Customs

33

(1) The Commissioners for Her Majesty's Revenue and Customs may disclose any information in their possession to the Scottish Ministers for the purposes of enabling or assisting the Scottish Ministers to carry out any function conferred on them under or by virtue of the ... Plant Health Regulation, the Official Controls Regulation or these Regulations.

(2) Nothing in paragraph (1) affects any other power or requirement of the Commissioners to disclose information.

PART 10 — General and supplemental provisions relating to notices

Interpretation

34

In this Part, “premises” includes any place, including land, building, vehicle, vessel, aircraft, hovercraft, freight container, railway wagon, trailer or movable building or structure.

Miscellaneous provisions as to notices

35

(1) This regulation applies to any notice given by a plant health inspector under these Regulations other than a notice given under regulation 32B(4).

(2) The notice may—

(a) specify—

(i) one or more requirements or alternative requirements,

(ii) the manner in which and the period in which any requirement or condition specified in the notice must be carried out or fulfilled,

(b) require the owner or any other person who appears to be in charge of the premises to which the notice relates to—

(i) notify the Scottish Ministers of any change in occupation of the premises, the date of the change and the name of the new occupier, and

(ii) inform the new occupier of the premises of the contents of the notice.

(3) Any destruction, disposal, re-export or treatment of a plant, plant product or other object or a plant pest which is required to be carried out under the notice must be carried out, or arranged to be carried out, to the satisfaction of a plant health inspector by the person on whom the notice has been served from or at the place specified in the notice.

(4) A plant health inspector may amend or withdraw the notice by a further notice.

(5) The notice may define by reference to a map or plan or otherwise the extent of the premises referred to in the notice.

Service of notices

36

(1) A notice may be served on a registered operator by—

(a) delivering it personally,

(b) leaving it at, or sending it by post to, the contact address of the registered operator,

(2) A notice may be served on any other person by—

(a) delivering it personally,

(b) leaving it at, or sending it by post to, the person's last known place of abode or business, or

(3) If a notice is to be given by a plant health inspector to an occupier or other person in charge of premises and the last known place of abode or address of that person cannot be ascertained after reasonable enquiry, the notice may be served on that person by addressing it to “the occupier” and leaving it conspicuously affixed to an object on the premises for a period of seven days.

(4) A notice may—

(a) in the case of a body corporate (other than a limited liability partnership), be served on the secretary or clerk of that body at the address of the registered or principal office of that body,

(b) in the case of a partnership (other than a limited liability partnership), be served on a partner or a person having the control or management of the partnership business at the address of the principal office of the partnership,

(c) in the case of a limited liability partnership, be served on a member of the partnership at the address of the registered or principal office of the partnership.

(5) For the purposes of paragraph (4), the principal office of a company registered outside the United Kingdom or a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

(6) In this regulation—

“notice” means a notice to be given by a plant health inspector under these Regulations,

“contact address”, in relation to a registered operator, means—the address of the operator's principal place of business in the United Kingdom, orany other postal address in Scotland that the operator has given to the Scottish Ministers as a contact address for the service of notices.

PART 11 — Offences

General

37

(1) A person commits an offence if the person contravenes or fails to comply with—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) paragraphs 2(1), (2), (3) or (4) , 4(1) or 48(2) of schedule 2,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) a provision of the ... Plant Health Regulation specified in Part 1 of schedule 3,

(f) a provision of the Official Controls Regulation specified in Part 2 of schedule 3 in so far as it applies to plants, plant products or other objects which are subject to an EU plant health rule,

(g) a provision in other assimilated direct legislation specified in Part 3 of schedule 3.

(ga) a provision of the Windsor Framework (Plant Health) Regulations 2023 specified in Schedule 3A

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) But paragraph (1) does not apply to anything done under, or in accordance with—

(a) an authorisation or permit which is granted under these Regulations or has effect under or by virtue of these Regulations,

(b) an approval granted under regulation 13(6) or an approval referred to in regulation 53(1),

(c) a notice which is given by a plant health inspector or the Scottish Ministers under these Regulations, or has effect under or by virtue of these Regulations.

Failure to comply with requirements of notices etc.

38

A person commits an offence if the person fails to comply with—

(a) a provision or condition of a notice which has been served on the person under these Regulations or has effect under or by virtue of these Regulations,

(b) a provision or condition of an authorisation or permit which has been granted to the person under these Regulations or has effect under or by virtue of these Regulations,

Defence: reasonable excuse for failure to comply with requirements of notices etc.

39

It is a defence for a person charged with an offence under regulation 37 or 38 to show that the person had a reasonable excuse for contravening or failing to comply with the prohibition or requirement in question.

Provision of false or misleading information

40

(1) A person commits an offence if, for the purposes of obtaining an authorisation or a permit or procuring the issue of a UK plant passport , a Northern Ireland plant health label or a certificate, the person—

(a) knowingly or recklessly makes a statement or representation which is false in a material particular,

(b) knowingly or recklessly furnishes a document or information which is false in a material particular,

(2) In this regulation “certificate” means a certificate referred to in Articles 100 or 101 of the ... Plant Health Regulation.

Improper use of ... plant passports or certificates

41

(1) A person commits an offence if the person—

(a) dishonestly issues a UK plant passport , a Northern Ireland plant health label or a certificate,

(b) dishonestly alters a ... plant passport , a Northern Ireland plant health label or a certificate,

(2) In this regulation, “certificate” has the same meaning as in regulation 40.

Obstruction etc.

42

(1) A person commits an offence if the person—

(a) intentionally obstructs a plant health inspector or an authorised person acting in the execution or enforcement of the ... Plant Health Regulation, the Official Controls Regulation or these Regulations,

(b) fails to give to a plant health inspector or an authorised person acting in the execution or enforcement of the ... Plant Health Regulation, the Official Controls Regulation or these Regulations any assistance or information which the inspector or authorised person may reasonably require for those purposes,

(c) fails to produce a document or record when required to do so by a plant health inspector or authorised person acting in the execution or enforcement of the ... Plant Health Regulation, the Official Controls Regulation or these Regulations.

(2) In paragraph (1)—

(a) “authorised person” means a person authorised by the Scottish Ministers,

(b) a reference to the Plant Health Regulation or the Official Controls Regulation includes assimilated law adopted, or regulations made, under the Plant Health Regulation or the Official Controls Regulation and any other assimilated law relating to plant health.

Defence: reasonable excuse for obstruction etc.

43

It is a defence for a person charged with an offence under regulation 42 to show that the person had a reasonable excuse for the obstruction or failure in question.

Offence relating to the disclosure of information held by Revenue and Customs

44

A person commits an offence if the person discloses any information received from the Commissioners for Her Majesty's Revenue and Customs under regulation 33(1) and—

(a) the information relates to a person whose identity is specified in the disclosure or can be deduced from the disclosure,

(b) the disclosure is for a purpose other than specified in regulation 33(1), and

Defence: lawful disclosure of information held by Revenue and Customs

45

It is a defence for a person charged with an offence under regulation 44 to prove that the person reasonably believed that—

(a) the disclosure was lawful, or

(b) the information had previously been made available lawfully.

Offences by bodies corporate, etc.

46

(1) Where—

(a) an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other unincorporated association, and

(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i) a relevant individual, or

(ii) an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, Scottish partnership or unincorporated association commits the offence and is liable to be proceeded against and punished accordingly.

(2) In paragraph (1), “relevant individual” means—

(a) in relation to a body corporate—

(i) a director, manager, secretary or other similar officer of the body,

(ii) where the affairs of the body are managed by its members, a member,

(b) in relation to a Scottish partnership, a partner, or

(c) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.

Penalties

47

(1) A person guilty of an offence under regulation 37(1), 38, 40(1), 41(1) or 42(1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) A person guilty of an offence under regulation 44 is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 3 months or a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

PART 12 — Miscellaneous

Minor and consequential amendments

48

Schedule 5 has effect and makes provision for minor and consequential amendments to secondary legislation.

Revocation

49

The instruments listed in column 1 of the table in schedule 6 are revoked to the extent specified in the corresponding entry in column 3 of that schedule.

Transitional provisions: licences under article 39(1) of the Forestry Order or article 41(1) of the 2005 Order

50

(1) Any licence granted by the Forestry Commissioners or by the Scottish Ministers under article 39(1) of the Forestry Order or by the Scottish Ministers under article 41(1) of the 2005 Order, which is in force immediately before the commencement date, has effect during the relevant period as if it had been an authorisation granted by the Scottish Ministers in accordance with Article 5 of Commission Delegated Regulation (EU) 2019/829 on the date on which it was granted under the Forestry Order or the 2005 Order.

(2) Nothing in paragraph (1) affects anything carried out prior to the commencement date under, or for the purposes of, the licence.

(3) Any reference in the licence to the Forestry Order, the 2005 Order, Council Directive 2000/29/EC or Commission Directive 2008/61/EC is to be read as a reference to the corresponding provision in or under the EU Plant Health Regulation or these Regulations.

(4) In this regulation—

“Commission Delegated Regulation (EU) 2019/829” means Commission Delegated Regulation (EU) supplementing Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants, authorising Member States to provide for temporary derogations in view of official testing, scientific or educational purposes, trials, varietal selections, or breeding ,

“Council Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ,

“Commission Directive 2008/61/EC” means Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes 1 to 5 to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections ,

“relevant period”, in relation to a licence, means—if the licence expires on or after 31 December 2020, the period beginning on the commencement date and ending on 31 December 2020, orif the licence expires before 31 December 2020, the period beginning with the commencement date and ending on the date of expiry of the licence specified in the licence.

Transitional provisions: other licences under the Forestry Order or the 2005 Order

51

(1) Any licence granted by the Forestry Commissioners or by the Scottish Ministers under article 38(1)(a) of the Forestry Order or by the Scottish Ministers under article 40(a) of the 2005 Order and which has effect on the commencement date remains in force as if it had been an authorisation granted by the Scottish Ministers under regulation 21(1)(a) on the date on which the licence was granted under the Forestry Order or the 2005 Order.

(2) Nothing in paragraph (1) affects anything carried out before the commencement date under, or for the purposes of, the licence.

(3) Any reference in the licence to the Forestry Order, the 2005 Order or Council Directive 2000/29/EC is to be read as a reference to the corresponding provision in or under the EU Plant Health Regulation or these Regulations.

(4) In paragraph (3), “Council Directive 2000/29/EC” has the same meaning as in regulation 50.

Transitional provisions: notices

52

(1) Any notice given under the Forestry Order, the Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006 or the 2005 Order and which has effect on the commencement date—

(a) remains in force and continues to have effect as if it were given under these Regulations for an equivalent purpose on the date on which it was given under the Forestry Order or the 2005 Order, and

(b) is to be read with such modifications as are necessary for it to do so.

(2) In paragraph (1), the reference to any notice under the Forestry Order or the 2005 Order includes any official approval given for the purposes of the notice.

Transitional provisions: approvals granted under article 17(1) of the Forestry Order or article 17(1) of the 2005 Order

53

(1) Any approval granted by the Forestry Commissioners or by the Scottish Ministers under article 17(1) of the Forestry Order or by the Scottish Ministers under article 17(1) of the 2005 Order, which is in force immediately before the commencement date, remains in force and continues to have effect during the relevant period.

(2) In paragraph (1), “relevant period”, in relation to an approval granted under article 17(1) of the Forestry Order or the 2005 Order, means—

(a) if the approval expires on or after 13 December 2020, the period beginning on the commencement date and ending on 13 December 2020, or

(b) if the approval expires before 13 December 2020, the period beginning on the commencement date and ending on the date of expiry of the approval specified in the approval.

SCHEDULE 1 — Temporary national measures

PART 1 — Introduction

Interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — Plants, plant products or other objects from third countries

Temporary measures applying to the introduction of plants, plant products or other objects from third countries

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Plants, plant products or other objects from another part of the Union territory

Temporary measures applying to the introduction of plants, plant products or other objects from another part of the Union territory

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 — Specific measures relating to certain solanaceous species

PART 1 — General interpretation

1

In this schedule—

“basic seed potatoes” has the meaning given by regulation 2(1) of the Seed Potatoes Regulations,

“EPPO PM 7/21” means the standard describing a diagnostic protocol for Ralstonia solanacearum, R. pseudosolanacearum and R. syzygii approved by the European and Mediterranean Plant Protection Organization,

“EPPO PM 7/40” means the standard describing a diagnostic protocol for Globodera rostochiensis and Globodera pallida approved by the European and Mediterranean Plant Protection Organization,

“EPPO PM 7/59” means the standard describing a diagnostic protocol for Clavibacter michiganensis subsp. sepedonicus approved by the European and Mediterranean Plant Protection Organization,

“EPPO PM 7/119” means the standard describing the procedures for nematode extraction approved by the European and Mediterranean Plant Protection Organization,

“holding” means all the agricultural land owned by one business that is situated within one parish, or, if the land is contiguous, in a neighbouring parish,

“official”, in relation to any testing or other activity described in this schedule, means carried out by or performed by the Scottish Ministers, and “officially” is to be construed accordingly,

“potato” means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species of the genus Solanum L.,

“Potato Cyst Nematode” means any cyst-forming nematode of the species Globodera pallida Stone Behrens or Globodera rostochiensis (Wollenweber) Behrens that infests and multiplies on potatoes, including any strain or pathotype of any such nematode,

“Potato Ring Rot” means either the disease of potatoes which is caused by the bacterium Clavibacter michiganensis (Smith) Davis et al. spp. Sependonicus (Spieckermann and Kotthof) Davis et al. or that bacterium, as the context requires,

“Potato Wart Disease” means either the disease of potatoes which is caused by the fungus Synchytrium endobioticum (Schilbersky) Percival or that fungus, as the context requires,

“pre-basic seed potatoes” has the meaning given by regulation 2(1) of the Seed Potatoes Regulations,

“premises” includes any land, building, vehicle, vessel, aircraft, hovercraft, freight container or railway wagon,

“sampling unit” means a field or Part of a field formed with recognisable boundaries on at least two opposing sides,

“seed” means seed in the botanical sense other than seed not intended for planting,

“seed potato” means any potato intended for planting,

“Seed Potatoes Regulations” means the Seed Potatoes (Scotland) Regulations 2015 .

PART 2 — General provisions relating to the planting of certain solanaceous species

General restrictions on the planting of potatoes

2

(1) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes or any potatoes produced from potatoes, which have been grown in a third country other than any third country to which the prohibition in Article 40(1) of the Plant Health Regulation does not apply.

(2) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes unless—

(a) they derive in direct line from potato material which has been obtained under an approved programme for the certification of potatoes which has been officially approved by a competent authority or a CD authority,

(b) they have been found to be free from Potato Ring Rot in official tests using the methods set out in EPPO PM 7/59,

(c) they have been found to be free from Ralstonia solanacearum (Smith) Yabuuchi et al. in official tests using the methods set out in EPPO PM 7/21.

(3) A person must not knowingly plant, or knowingly cause or permit to be planted, any potatoes other than—

(a) potatoes which may be marketed in Scotland under the Seed Potatoes Regulations,

(b) one year's direct progeny of the potatoes referred to in head (a) where that direct progeny has been grown by that person.

(4) Any person who is involved in the planting of potatoes must retain and make available to a plant health inspector the following documents in relation to the potatoes—

(a) their official labels,

(b) the invoices or delivery notes for the potatoes,

(c) the crop inspection report issued under the Seed Potatoes Regulations, where potatoes, or their direct progeny, marketed or marketable under those Regulations were produced by the report holder.

(5) Sub-paragraphs (3) and (4) do not apply where—

(a) the area to be planted is less than 0.1 hectare, or

(b) the area is intended for the production of early potatoes.

(6) In sub-paragraph (5)(b), “early potatoes” means potatoes—

(a) which are harvested before they are completely mature,

(b) which are marketed immediately after they have been harvested, and

Special Measures

3

(1) The special measures in sub-paragraph (2) apply to supress or control the spread of the plant pests referred to in that sub-paragraph.

(2) The special measures are—

(a) in respect of Potato Wart Disease, those set out in Part 3 of this schedule,

(b) in respect of Potato Cyst Nematode, those set out in Parts 4 and 5 of this schedule,

(d) in respect of Ralstonia solanacearum (Smith) Yabuuchi et al., those set out in Part 7 of this schedule.

(3) This paragraph is subject to any additional or stricter measures which a plant health inspector considers necessary under regulation 15 or 16.

Potato Cyst Nematode

4

(1) Seed potatoes and the plants listed in Part 5 of this schedule must not be planted unless they were grown in a sampling unit which has undergone an official soil test carried out in accordance with Part 4 of this schedule and no Potato Cyst Nematode was found.

(2) The official soil test referred to in sub-paragraph (1) must be carried out—

(a) in the period between the harvesting of the last crop in the sampling unit and the planting of the crop that requires the official soil test, ...

(b) no more than four years prior to the planting of the crop that requires the official soil test, provided that evidence is available to show that no Potato Cyst Nematode was found and that potatoes or the plants listed in Part 5 of this schedule were not present at the time of the official soil test and have not been grown in the sampling unit since that official soil test , and

(3) Sub-paragraph (1) does not apply where—

(a) in the case of seed potatoes and the plants listed in tables B and C of Part 5 of this schedule, they were—

(i) planted on the same holding where they were harvested, or

(ii) not grown in soil,

(b) in the case of plants listed in tables B and C of Part 5 of this schedule, they have been washed or brushed until practically free of soil so that there is, to the satisfaction of a plant health inspector, no identifiable risk of Potato Cyst Nematode spreading, or

(c) in the case of plants listed in Part 5 of this schedule, official tests show that the sampling unit in which they were grown has been free of Potato Cyst Nematode for 12 years before they were planted, or there is evidence that no potatoes or plants listed Part 5 of this schedule have been grown in that sampling unit in the previous 12 years.

Official surveys

5

A plant health inspector must perform an official survey on sampling units used for the production of potatoes, other than those intended for the production of seed potatoes, in accordance with Part 4 of this schedule.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Measures for the control of Potato Wart Disease

Interpretation

7

(1) For the purposes of this Part of this schedule, a plot of land is to be regarded as a contaminated plot if Potato Wart Disease is confirmed by an official test to be present on at least one plant that is growing or was grown on that plot.

(2) In this Part of this schedule, “Synchytrium endobioticum” means Synchytrium endobioticum (Schilbersky) Percival.

Official measures relating to contaminated plots of land

8

(1) A plant health inspector must in accordance with this Part demarcate any—

(a) contaminated plot, and

(b) a safety zone around that plot which is large enough to ensure the protection of the surrounding areas.

(2) A plant health inspector must serve a notice under regulation 15 requiring any potato tubers or haulms which are present on the contaminated plot, or which come from the contaminated plot, to be treated in such a way that the Potato Wart Disease present on them is destroyed.

(3) Where a plant health inspector is satisfied that any potato tubers or haulms are contaminated with Potato Wart Disease and the plant health inspector cannot determine whether those tubers or haulms have been present on a contaminated plot, the plant health inspector may serve a notice under regulation 15 which requires the whole batch containing the affected tubers or haulms to be treated in such a way that there is no risk of Potato Wart Disease spreading.

Prohibition on the planting of potatoes on contaminated plots

9

(1) Where a contaminated plot is demarcated under paragraph 8(1) of this schedule a plant health inspector must serve a notice under regulation 15 requiring that —

(a) no potatoes may be grown on it, and

(b) no plants intended for transplanting may be grown, stored or moved on it.

(2) No person may grow potatoes in a safety zone demarcated under paragraph 8(1) of this schedule unless a plant health inspector is satisfied that they are of a variety which is resistant to the races of Synchytrium endobioticum found on the contaminated plot to which the safety zone relates.

(3) A potato variety is to be considered resistant to a particular race of Synchytrium endobioticum for the purposes of sub-paragraph (2) where that variety reacts to contamination by the pathogenic agent of that race in such a way that there is no danger of secondary infection.

Revocation of the demarcation of a contaminated plot

10

Where a plant health inspector is satisfied that Synchytrium endobioticum is no longer present on a plot which was demarcated under paragraph 8(1) of this schedule or on its associated safety zone, the plant health inspector must revoke that demarcation.

PART 4 — Measures for the control of European populations of Potato Cyst Nematode

Standard sampling rate for official soil test

11

The official soil test referred to in paragraph 4(1) of this schedule must involve a soil sample of at least 1500 ml of soil per hectare (the “standard sampling rate”).

Lower sampling rate for official soil test

12

The standard sampling rate referred to in paragraph 11 of this schedule may be reduced to the lower sampling rate of 400 ml of soil per hectare (the “lower sampling rate”) if—

(a) neither potatoes nor the plants listed in table A in Part 5 of this schedule have been grown or been present in the sampling unit in the six years prior to the official soil test,

(b) no Potato Cyst Nematode has been found during the last two successive official soil tests carried out at the standard sampling rate and no potatoes or plants listed in table A in Part 5 of this schedule, other than those for which an official soil test is required, have been grown in the sampling unit after the first official soil test, or

(c) no Potato Cyst Nematode or dead cysts of Potato Cyst Nematode have been found in the most recent official soil test carried out at the standard sampling rate and no potatoes or plants listed in table A in Part 5 of this schedule, other than those for which an official soil test is required, have been grown in the sampling unit since the last official soil test.

Official tests carried out before 1 July 2010

13

The results of other official tests carried out before 1 July 2010 may be considered as official soil tests as referred to in paragraph 12(b) and (c) of this schedule.

Further reduction of standard and lower sampling rates

14

The standard sampling rate and the lower sampling rate may be further reduced as follows—

(a) in the case of the standard sampling rate, the first 8 hectares must be sampled at 1500 ml of soil per hectare, but may be reduced for each additional hectare to a minimum of 400 ml of soil per hectare, or

(b) in the case of the lower sampling rate, the first 4 hectares must be sampled at 400 ml of soil per hectare, but may be further reduced for each additional hectare to a minimum of 200 ml of soil per hectare.

Continued use of lower and reduced sampling rates

15

The use of the lower and reduced sampling rates referred to in paragraphs 12 and 14 of this schedule may be continued in subsequent official soil tests until Potato Cyst Nematode is found in the sampling unit concerned.

Minimum size of soil sample

16

The minimum size of the soil sample in all cases is 100 ml of soil per sampling unit.

Action following official soil test or official survey

17

Following the official soil test referred to in paragraph 4(1) of this schedule, or an official survey referred to in paragraph 5 of this schedule, a plant health inspector must—

(a) serve a notice on the occupier or other person in charge of the premises officially recording that the sampling unit is infested with Potato Cyst Nematode, or

(b) officially record that no Potato Cyst Nematode was found in the sampling unit.

Notice that sampling unit is infested with Potato Cyst Nematode

18

Subject to paragraph 19 of this schedule, a notice under paragraph 17(a) of this schedule officially recording that the sampling unit is infested with Potato Cyst Nematode must contain the following restrictions—

(a) no potatoes may be planted in the sampling unit,

(b) no plants listed in table A in Part 5 of this schedule, intended for replanting, may be planted or stored in the sampling unit,

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