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The Plant Health (Scotland) Amendment (No. 3) Order 2013

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Scottish Statutory Instruments

2013 No. 366

Plant Health

The Plant Health (Scotland) Amendment (No. 3) Order 2013

Made

19th December 2013

Laid before the Scottish Parliament

23rd December 2013

Coming into force

6th February 2014

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act 1967(1), 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.

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references to Commission Decision 2006/473/EC recognising certain third countries and certain areas of third countries as being free from Xanthomonas campestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to Citrus)(4) to be construed as references to that instrument as amended from time to time.

This Order makes provision for preventing the introduction and spread of pests within Scotland and throughout the UK and is in part called for by EU obligations contained in Commission Implementing Decision 2013/253/EU amending Decision 2006/473/EC as regards the recognition of certain third countries and certain areas of third countries as being free from Xanthomonascampestris (all strains pathogenic to Citrus), Cercospora angolensis Carv. et Mendes and Guignardia citricarpa Kiely (all strains pathogenic to citrus)(5).

(1)

1967 c.8 sections 2(1) and 3(1) were amended by the European Communities Act 1972 (c.68) (“the 1972 Act”), section 4(1) and Schedule 4, paragraph 8 and further amended by S.I. 2011/1043. Section 3(4) was substituted by the Criminal Justice Act 1982 (c.48), section 42 and the Statute Law (Repeals) Act 1993 (c.50), section 1(1) and Schedule 1, Part XIV. There are other amendments which are not relevant to this Order. The functions of the Secretary of State, so far as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(3)

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by the Legislative and Regulatory Reform Act 1006 (c.51) (“the 2006 Act”), section 27(4)). Section 2(2) was also amended by the 2006 Act, section 27(1)(a) and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part 1. Paragraph 1A of Schedule 2 was inserted by the 2006 Act, section 28 and was amended by the 2008 Act, Schedule, Part 1. The functions conferred upon the Minister of the Crown under the 1972 Act, section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of the 1998 Act, section 53.

(4)

OJ L 187, 8.7.2006, p.35.

(5)

OJ L 145, 31.5.2013, p.35, as corrected and renumbered by OJ L 196 18.7.2006, p.26.

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