2019 No. 289
The Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019
Made
Laid before the Scottish Parliament
Coming into force in accordance with regulation 1
The Scottish Ministers make these Regulations in the exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1, paragraph 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 M2 and all other powers enabling them to do so.
In accordance with paragraph 4 of schedule 2 of the European Union (Withdrawal) Act 2018, they have consulted with the Secretary of State.
2018 c.16 (“the 2018 Act”).
PART 1INTRODUCTION
Citation, commencement and extentI21
1
These Regulations may be cited as the Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 and come into force as follows—
a
as regards this Part and Part 2, on 31 October 2019,
b
as regards Part 4, immediately before exit day,
c
as regards Part 3, on exit day.
2
These Regulations extend to Scotland only.
PART 2AMENDMENTS MADE UNDER SECTION 2(2) OF THE EUROPEAN COMMUNITIES ACT 1972
The Marketing of Vegetable Plant Material Regulations 1995I12
In the Marketing of Vegetable Plant Material Regulations 1995 M3, after regulation 4 (small producers) insert—
Plant Material from outside the European Union: authorisation4A
1
The Scottish Ministers may, until 31 December 2022, authorise the marketing of plant material from any country outside the European Union if satisfied that the plant material has been produced under conditions equivalent to the requirements in these Regulations from plant material.
2
An authorisation given under this regulation—
a
must be in writing,
b
may be subject to conditions, and
c
may be amended, suspended or revoked by notice.
PART 3AMENDMENTS OF SECONDARY LEGISLATION RELATING TO WITHDRAWAL FROM THE EUROPEAN UNION
The Marketing of Vegetable Plant Material Regulations 1995F13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017I34
In the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 M4, in regulation 5(2) (general requirements for marketing of plant material), for “European Union” substitute “
United Kingdom
”
.
PART 4REVOCATIONS
The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019I45
The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019I56
Regulation 7(4) (the Rural Development (Scotland) Regulations 2015) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 M6 is revoked.
The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019I67
Regulation 3(13) (amendment of the Marketing of Horticultural Produce (Scotland) Regulations 2009) of the Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 M7 is revoked.
The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019I78
Regulation 6 (revocation) of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 M8 is revoked.
The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019I89
Part 4 (revocation) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 M9 is revoked.
1972 c.68. Section 2(2) was amended by paragraph 15(3) of schedule 8 of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by section 3(1) and (3) and Part 1 of the schedule of the European Union (Amendment) Act 2008 (c.7). The functions conferred upon the Minister of the Crown under section 2(2), insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. The European Communities Act 1972 is prospectively repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) from exit day (see section 20 of that Act). The powers in section 2(2) are exercised in relation to Part 2 of these Regulations.