
1 

(1) These Regulations may be cited as the Marketing of Vegetable Plant Material Amendment (Scotland) Regulations 2014 and come into force on 26th May 2014.
(2) These Regulations extend to Scotland only.
2 
The Marketing of Vegetable Plant Material Regulations 1995 are amended in accordance with regulations 3 to 5.
3 
In regulation 2(1) (interpretation)—
(a) omit the definition of “Directive 92/33/EEC”; and
(b) after the definition of “Directive 93/61/EEC”, insert—“
 “Directive 2008/72/EC” means Council Directive 2008/72/EC on the marketing of vegetable propagating and planting material, other than seed;”.
4 
In regulation 3(1) (plant material to which the Marketing of Vegetable Plant Material Regulations 1995 apply) for sub-paragraphs (a) and (b) substitute—“
(a) plant material of the genera and species set out in Annex II, as amended from time to time, to Directive 2008/72/EC and their hybrids; and
(b) rootstocks and other parts of plants of other genera or species and their hybrids if plant material of a genus or species set out in Annex II, as amended from time to time, to Directive 2008/72/EC or of a hybrid of such a genus or species is or is to be grafted on to them.”.
5 
In regulation 5(d)(ii) (quality requirements for plant material), for “92/33/EEC” substitute “2008/72/EC”.
6 
After regulation 13 (offences), insert—“
14. 

(1) Where—
(a) an offence under these Regulations has been committed by a body corporate or a Scottish partnership or other unincorporated association; and
(b) it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—
(i) a relevant individual; or
(ii) an individual purporting to act in the capacity of a relevant individual,
the individual as well as the body corporate, Scottish partnership or unincorporated association, commits an offence and is liable to be proceeded against and punished accordingly.
(2) In paragraph (1), “relevant individual” means—
(a) in relation to a body corporate—
(i) a director, manager, secretary or other similar officer of the body;
(ii) where the affairs of the body are managed by its members, a member;
(b) in relation to a Scottish partnership, a partner; and
(c) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.”.
RICHARD LOCHHEAD
A member of the Scottish Government
St Andrew’s House,
Edinburgh
23rd April 2014