The Plant Health (England) (Amendment) Order 2008

Statutory Instruments

2008 No. 2411

Plant Health, England

The Plant Health (England) (Amendment) Order 2008

Made

9th September 2008

Laid before Parliament

10th September 2008

Coming into force

1st October 2008

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972(1) and it appears to the Secretary of State 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/EC 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)(2) to be construed as references to that instrument as amended from time to time.

The Secretary of State, in whom the powers conferred by sections 2 and 3(1), (2) and (4) of the Plant Health Act 1967(3) are now vested(4), makes the following Order in exercise of those powers and the powers conferred by paragraph 1A of Schedule 2 to the European Communities Act 1972(5).

(1)

1972 c. 68.

(2)

OJ No L 158, 18.6.2008, p 41.

(3)

1967 c. 8; sections 2(1) and 3(1) and (2) were amended by the European Communities Act 1972, Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c. 48).

(4)

Under the Transfer of Functions (Wales) (No.1) Order 1978 (S.I. 1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State; and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1, the functions transferred to the Secretary of State by the 1978 Order were transferred to the National Assembly for Wales. These functions were transferred from the National Assembly for Wales to the Welsh Ministers under section 162 of, and paragraph 30(1) and (2) of Schedule 11 to, the Government of Wales Act 2006 (c. 32). Under article 2(1) and (2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), the remaining functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were transferred to the Secretary of State.

(5)

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).