IMPORTATION OF PLANTS (Scotland) Order, 1947, Dated APRIL 28, 1947, Made by the Secretary of State UNDER THE DESTRUCTIVE INSECTS AND PESTS ACTS, 1877 TO 1927.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1947/811 |
1947 No. 811 (S. 31)
DESTRUCTIVE INSECT AND PEST
(3) Importation of Plants
THE IMPORTATION OF PLANTS (SCOTLAND) ORDER, 1947, DATED APRIL 28, 1947, MADE BY THE SECRETARY OF STATE UNDER THE DESTRUCTIVE INSECTS AND PESTS ACTS, 1877 TO 1927.In exercise of the powers conferred upon me by the Destructive Insects and Pests Acts, 1877 to 1927, and of all other powers enabling me in that behalf, I hereby make the following Order:—
Short title, extent and date of commencement.
1. This Order may be cited as the Importation of Plants (Scotland) Order, 1947, shall apply to Scotland only and shall come into operation on the first day of May, 1947.
Interpretation.
2.—(1) In this Order, unless the context otherwise requires:—
"importer" includes any person who, whether as owner, consignor or consignee, agent or broker, is in possession of or in anywise entitled to the custody or control of the article.
"inspector" means an inspector or other officer authorised by the Secretary of State for Scotland.
"Department" means the Department of Agriculture for Scotland.
"plant" includes tree and shrub, and the fruit, seeds, tubers, bulbs, corms, rhizomes, roots, layers, cuttings and other parts of a plant.
"raw vegetables" includes raw tomatoes, raw aubergines and raw salads but does not include potatoes, mushrooms, cucumbers, marrows or pumpkins.
"unhealthy" means affected with any insect, fungus, bacteria or other vegetable or animal organisms or any agent causative of a transmissible crop disease.
(2) The Interpretation Act, 1889, applies to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
Application of Order.
3. Nothing in this Order shall be deemed to prohibit or restrict the landing or transhipment in Scotland of any plant, potatoes, raw vegetables or raw apples grown in England or Wales, Northern Ireland, Eire, the Isle of Man or the Channel Islands.
Prohibition against landing and restriction on transhipment in Scotland of certain potatoes.
4.—(1) The landing in Scotland of any potatoes grown in the under-mentioned countries is hereby prohibited:—
the United States of America, the Dominion of Canada and European France.
(2) The transhipment in Scotland of any of the potatoes specified in paragraph (1) of this article is prohibited except under and in accordance with the conditions of a licence issued by the Secretary of State or by an inspector.
(3) In this article "potatoes" includes potato haulms, leaves and stalks.
Prohibition of importation of plants of sugar beet and mangold and of chrysanthemum plants.
5.—(1) For the prevention of the introduction of virus diseases of sugar beet and mangold, the landing in Scotland of any plant of sugar beet or mangold of the species Beta vulgaris Linn. (except the seeds thereof) is hereby prohibited except under and in accordance with the conditions of a licence issued by the Secretary of State or by an inspector.
(2) For the prevention of the introduction of the Chrysanthemum Midge (Diarthronomyria hypogaea F. Löw.) the landing in Scotland of any chrysanthemum plant (except the seeds thereof) is hereby prohibited except under and in accordance with the conditions of a licence issued by the Secretary of State or by an inspector.
Restrictions on landing in Scotland of certain plants and potatoes.
6.—(1) The landing in Scotland of any of the plants mentioned in the First Schedule to this Order and of potatoes is hereby prohibited, unless each consignment is accompanied by two copies of a certificate of a duly authorised official of the Phytopathological Service of the country in which the plants or potatoes were grown, in the form prescribed in the Second Schedule to this Order. The inspection referred to in the certificate shall be carried out not more than fourteen days prior to the date of shipment. The original of the certificate shall be forwarded by post by the exporter to the Department at St. Andrew's House, Edinburgh, 1, before the plants or potatoes are dispatched. Except in the case of consignments imported through the post, a copy of the prescribed certificate shall be delivered to the proper officer of Customs and Excise at the same time as and together with the entry relating to the consignment. In the case of consignments imported through the post, a copy of the prescribed certificate shall be affixed to each package.
(2) In the case of any of the plants mentioned in the First Schedule to this Order and of potatoes grown in any European country, the United States of America or the Dominion of Canada, the certificate required by paragraph (1) of this article shall include a certificate of a duly authorised official of the Phytopathological Service of the country in which the plants or potatoes were grown, which shall be, where the certificate relates to a plant, in the Form A or the Form B set out in the Third Schedule to this Order (as the circumstances may require) and where the certificate...
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