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The Plant Health (Scotland) Amendment Order 2008
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Scottish Statutory Instruments
2008 No. 300
PLANT HEALTH
The Plant Health (Scotland) Amendment Order 2008
Made
5th September 2008
Laid before the Scottish Parliament
9th September 2008
Coming into force
1st October 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act 1967(1), as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972(2), and paragraph 1A of Schedule 2 to the European Communities Act 1972(3) and all other powers enabling them to do so.
The Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972(4) and it appears to the Scottish Ministers that it is expedient for the references to Commission Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EEC may be introduced into or moved within the Community or certain protected zones thereof for trial or scientific purposes and for work on varietal selections(5) to be construed as references to that instrument as amended from time to time.
(1)
1967 c. 8; sections 2(1) and 3(1) were 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 further amended by section 17(1) of the Criminal Justice Act 1991 (c. 53) and the Statute Law (Repeals) Act 1993 (c. 50), section 1(1) and Schedule 1, Part XIV. 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).
(2)
(3)
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).
(4)
1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
(5)
O.J. No L 158, 18.6.2008, p.41.
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