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4. In regulation 3—
(a)for paragraph (3) substitute—
“(3) These Regulations shall not apply to a biocidal product which is a relevant plant protection product where and to the extent that the biocidal product is placed on the market or used for a purpose over which—
(a)but for the provisions of Schedule 4 to the 2005 Regulations, control under the 2005 Regulations would otherwise be exercisable; or
(b)but for the provisions of Schedule 4 to the 2005 (Scotland) Regulations, control under the 2005 (Scotland) Regulations would otherwise be exercisable.”;
(b)in paragraph (8)(a), omit the word “and”;
(c)after paragraph (8)(a), insert—
“(aa)“the 2005 (Scotland) Regulations” means the Plant Protection Products (Scotland) Regulations 2005(1); and”; and
(d)in paragraph (8)(b), for “in paragraph 8 of Schedule 4 to the 2005 Regulations” substitute “in paragraph 12 of Schedule 4 to the 2005 Regulations”.
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