UK Offence Report

The Plant Health (Forestry) ( Phytophthora ramorum Management Zone) (Scotland) Order 2014

Scottish Statutory Instrument 2014 No. 122 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
2 May 2014
In force from
5 June 2014
Extent
Not stated
Subject
Agriculture, plant health, food production and rural affairs
Made under
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.

This Order gives plant health inspectors in Scotland additional powers to those conferred on them by the Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2004 for the purpose of containing within and eradicating from an area within the local government areas of Dumfries and Galloway, East Ayrshire and South Ayrshire (the “management zone”) the tree pest Phytophthora ramorum, Werres, De Cock and Man in ‘t Veld sp. nov.. Article 3(1) prohibits a person from moving susceptible material from within the management zone to outside the zone unless the movement is to an approved facility for the purposes of processing the material. In addition, under article 3(2) records must be kept of the movement of such material and information provided when requested to do so by an inspector. Article 4 makes provision for the approval of facilities. Article 5 makes provision for the suspension and revocation of such approvals. Article 6 provides an inspector with powers to enter premises for the purpose of investigating compliance with article 3. Article 7 provides that a person commits an offence who, without reasonable excuse, moves susceptible material in contravention of article 3(1), fails to keep a record of any such movement, fails to provide this record to an inspector who requests it, in contravention of article 3(2) or intentionally obstructs an inspector in the exercise of powers conferred under article 6. Article 8 makes provision for the commission of offences by corporate bodies. Article 9 specifies the penalties for offences. A map depicting the management zone is also available at www.scotland.forestry.gov.uk and copies may be inspected between 9.00 a.m. and 5.00 p.m., Monday to Friday at the following offices of the Forestry Commission Scotland— Silvan House, 231 Corstorphine Road, Edinburgh EH12 7AT; and Greystone Park, Moffat Road, Dumfries DG1 1NP A copy of the map is provided for illustrative purposes only in Part 2 of Schedule 2. A business and regulatory impact assessment has been prepared and is available at the Forestry Commission Scotland, Silvan House, 231 Corstorphine Road, Edinburgh EH12 7AT and online at www.legislation.gov.uk.

Offences created by this instrument

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.

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