The Plant Health (Potatoes) (Scotland) Order 2006
Scottish Statutory Instrument 2006 No. 319 — creates 2 criminal offences.
- Made
- 7 June 2006
- In force from
- Not determined
- Extent
- Not stated
- Subject
- Agriculture, plant health, food production and rural affairs
- Made under
- Agriculture (Miscellaneous Provisions) Act 1972, Plant Health Act 1967
Explanatory note
(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
The Plant Health (Potatoes) (Scotland) Order 2006 (“this Order”), which extends to S cotland only, makes provision for the notification of potato crops and for the destruction of the haulm of infected crops and for the treatment of areas where waste potato material is kept. This Order comes into force on 1st July 2006 save for article 3 which comes into force on 1st January 2007. Article 3 imposes requirements on potato growers who have planted a crop to notify the Scottish Ministers with a list of prescribed information to identify the location, size and variety of potato crop being grown. Article 4 contains provisions for an inspection of a crop and requiring certain action to be carried out by the potato grower if the crop has not been notified or is affected by any aphid-borne virus. Article 5 contains provisions for an inspection of waste potato material and requiring certain action to be carried out where waste potato material is affected by potato blight. Articles 6 to 8 contain provisions as to issue of notices, compliance with notices and the consequences of failure to comply with notices. Article 9 contains provisions entitling an inspector to apply for a warrant to enter onto premises where admission has been refused or is likely to be refused. Article 10 contains offences for non-compliance with this Order. A person found guilty of an offence under this Order is liable on summary conviction to a fine of up to level 5 on the standard scale (Article 11). Article 12 provides for the possible use of electronic communication. No Regulatory Impact Assessment has been prepared in relation to this Order.
Offences created by this instrument
- A person shall be guilty of an offence if without reasonable excuse, proof of which shall lie with that person– a that… article 10(1) · Status not determined · Requires proof of a state of mind
- Notwithstanding paragraph (1)(a)(i), a person shall be guilty of an offence if in relation to the notification… article 10(2) · Status not determined · Requires proof of a state of mind
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2006