Citation and commencement

1. This Order may be cited as the Plant Health (Scotland) Amendment Order 2013 and comes into force on 9th February 2013.

Amendments to the Plant Health (Scotland) Order 2005

2. The Plant Health (Scotland) Order 2005(3) is amended in accordance with articles 3 and 4.

Substitution of article 19A

3. For article 19A (introduction of seed potatoes into Scotland)(4) substitute-

"Landing of potatoes in Scotland

19A.-(1) No person shall land potatoes to which this article applies unless that person has given written notification to an inspector at least forty eight hours prior to their intended landing.

(2) This article applies to-

(a)seed potatoes grown outside Scotland; or

(b)potatoes, other than seed potatoes, grown in Poland, Portugal, Romania or Spain.

(3) The notification shall contain-

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

(b)the proposed point of entry;

(c)the proposed destination and use;

(d)the variety;

(e)the quantity; and

(f)the producer's identification number or the reference number of the lot.

(4) Where an inspector is satisfied that no notification has been given under paragraph (1) in relation to potatoes to which this article applies, the inspector may serve a notice requiring the person landing the potatoes to provide information about any of the matters specified in paragraph (3) within such period as is specified in the notice.".

Amendment of Schedule 4

4. In Schedule 4 (restrictions on the landing in and movement within Scotland of relevant material), in Part B (relevant material, from another part of the European Union, which may only be landed in or moved within Scotland if special requirements are satisfied)-

(a)in item 15 (tubers ofSolanum tuberosumL.),in the third column, for "item 16" substitute "items 16 ,19a(5) and 19b";

(b)in item 19 (tubers ofSolanum tuberosumL.), in the third column, for "There shall be evidence" substitute "Without prejudice to items 19a and 19b, there shall be evidence"; and

(c)after item 19a insert-

Revocations

5. The Potatoes Originating in Poland (Notification) (Scotland) Order 2004(6), the Potatoes Originating in Poland (Notification) (Scotland) Amendment Order 2008(7) and article 4(2) of the Plant Health (Scotland) Amendment Order 2008(8) are revoked.

EXPLANATORY NOTE

(This note is not part of the Order)

Clavibacter michiganensis

sepedonicus

et al.

Epitrix cucumeris

Epitrix similaris

Epitrix subcrinita

Epitrix tuberis

Article 3 replaces article 19A of the principal Order to require any person who intends to import certain potatoes into Scotland to give an authorised plant health inspector prior written notice of the import.

Clavibacter michiganensis

sepedonicus

et al.

Article 5 revokes the Potatoes Originating in Poland (Notification) (Scotland) Order 2004, the Potatoes Originating in Poland (Notification) (Scotland) Amendment Order 2008 and article 4(2) of the Plant Health (Scotland) Amendment Order 2008.

A business and regulatory impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Government Agriculture, Food and Rural Communities Directorate, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD and online atwww.legislation.gov.uk.