The Soft Fruit Plants (Scotland) Order 1991
UK Statutory Instrument 1991 No. 1905 — creates 1 criminal offence.
- Made
- 21 August 1991
- In force from
- 13 September 1991
- 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.
This Order, which applies to Scotland only, revokes and supersedes the Sale of Strawberry Plants and Blackcurrant Bushes (Scotland) Order 1947. Article 3 prohibits the sale of strawberry plants, raspberry plants and blackcurrant bushes unless they are from stocks which have been certified to the effect that they have been inspected whilst growing and found to confirm to certain standards of purity and health or which have been approved by the Secretary of State. Article 4 and Schedules 1 to 4 provide for the certification of strawberry plants, raspberry plants and blackcurrant bushes and article 5 provides for the withdrawal of certificates in certain circumstances. Article 6 prohibits the planting of raspberry plants unless they are certified or approved stock. Article 7 confers powers of entry and sampling on an inspector. Article 8 makes provision for the issue of licences by the Secretary of State to meet exceptional cases. Article 9 and Schedule 5 prescribe the fees to be paid by every person to whom a certificate is issued. Article 10 provides for the treatment or destruction of plants sold or planted in contravention of the Order. Articles 11 and 12 provide for certain miscellaneous and ancillary matters. Article 13 creates offences for failing to comply with the terms of the Order punishable on summary conviction with a fine not exceeding level 5 on the standard scale (currently £2,000).
Offences created by this instrument
- Any person who– a fails to comply with articles 3, 6, 10(1) or 12 of this Order; or b fails to comply with the terms… article 13 · Revoked · Mixed — some elements strict, some not
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 1991