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The Scottish Ministers, in exercise of the powers conferred by sections 3(1), (2) and (4) and 4A of the Plant Health Act 1967[1] and of all other powers enabling them in that behalf, hereby make the following Order: Citation, commencement and extent 1. - (1) This Order may be cited as the Plant Health (Export Certification) (Scotland) Order 2004 and shall come into force on 22nd June 2004. (2) This Order extends to Scotland only. Interpretation 2. - (1) In this Order-
(2) Where a fee is prescribed in this Order in relation to an inspection, examination or test as well as the issue of a certificate, the refusal to issue a certificate by reason of the results of the inspection, examination or test being unsatisfactory shall not affect the amount of the fee payable.
(b) any arrangement corresponding to that Article,
may be met by the issue of such a certificate by an inspector to accompany that plant product or other object.
(b) where appropriate, that inspector may certify that a consignment has been inspected on the basis of a laboratory examination alone.
(3) An inspector shall be authorised to enter onto premises for the purpose of any examination or inquiry under this Order.
(b) intentionally fails to disclose any material information,
is guilty of an offence.
(This note is not part of the Order) This Order, which extends to Scotland only, makes provision for the issue of phytosanitary certificates and reforwarding phytosanitary certificates and for the provision of related services for the export of plants, plant products or other objects to third countries. Phytosanitary certificates and reforwarding phytosanitary certificates are required to accompany exports of certain plants, plant products or other objects to third countries. The Order prescribes fees for the issue of these certificates and for these services (article 4 and the Schedule). The services are performed in connection with applications received for the issue of phytosanitary certificates or reforwarding phytosanitary certificates in accordance with the provisions of the Plant Health (Great Britain) Order 1993 (article 3). The Order authorises an inspector to enter onto premises for the purpose of carrying out examinations under the Order (article 3(3)). Provision is made in the Order for offences in relation to procuring the issue of a phytosanitary certificate or reforwarding phytosanitary certificate (article 5). The fees prescribed by this Order are necessary to recover the costs expected to be incurred in the provision of the export services. Notes: [1] 1967 c.8; section 3(1) and (2) was amended by the European Communities Act 1972 (c.68), section 4(1) and Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c.48) and section 4A was inserted by the Agriculture Act 1986 (c.49), section 3. Section 1(2) of the 1967 Act specifies the competent authorities for the purposes of that Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain Treasury consent was removed by section 55 of that Act.back [2] S.I. 1993/1320 to which there are amendments but none relevant to this Order.back [3] Adopted in 1951 (Treaty Series No. 16 (1954), Cmd 9077) and revised in 1979 (Miscellaneous Series No. 1 (1981), Cmnd 8108).back
ISBN 0 11 069142 3
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