PLANT HEALTH 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– “certificate” means a phytosanitary certificate or a reforwarding phytosanitary certificate; “inspector” means any person authorised by the Scottish Ministers to be an inspector for the purposes of the Plant Health (Great Britain) Order 1993 ; “phytosanitary certificate” means a certificate duly completed either in the form set out in Schedule 14 to the Plant Health (Great Britain) Order 1993 or the equivalent written in a language other than English; “premises” includes any land, building, vessel, vehicle, aircraft, hovercraft or freight container; “reforwarding phytosanitary certificate” means a certificate duly completed either in the form set out in Schedule 15 to the Plant Health (Great Britain) Order 1993 or the equivalent written in a language other than English; “soil” includes any medium used for the growing of plant material and “soil sample” shall be construed accordingly. 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. Phytosanitary certificates for export of plants etc. to third countries 3 1 Any requirement of a third country for a plant, plant product or other object to be accompanied by a phytosanitary certificate or a reforwarding phytosanitary certificate issued by an official plant protection organisation whether for the purposes of– a Article V of the International Plant Protection Convention 1951 ; or 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. 2 Where an inspector issues a certificate under paragraph (1)– a that inspector may also in connection with the issue of that certificate carry out any of the other services listed in column 1 of the Schedule to this Order which that inspector considers necessary to meet the phytosanitary requirements of the importing country; and 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. 4 The inspection referred to in the first item of column 1 of the Schedule to this Order may be carried out by any person authorised in writing by an inspector to inspect grain for the purposes of phytosanitary certification. Fees for export certification services 4 The producer or exporter (as applicable) shall pay to the Scottish Ministers in respect of any service described in column 1 of the Schedule to this Order the fee specified in column 2 of that Schedule opposite the reference to that service. Offences 5 1 Any person who for the purposes of procuring the issue of a phytosanitary certificate or reforwarding phytosanitary certificate under this Order– a knowingly or recklessly makes a statement which is false in a material particular; or b intentionally fails to disclose any material information, is guilty of an offence. 2 A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. ROSS FINNIE A member of the Scottish Executive Pentland House, Edinburgh 27th May 2004