Statutory Instruments
2013 No. 3235
Agriculture
The Single Common Market Organisation (Consequential Amendments) Regulations 2013
Made
19th December 2013
Laid before Parliament
20th December 2013
Coming into force
1st January 2014
The Secretary of State, who is a Minister designated M1 for the purposes of making regulations under section 2(2) of the European Communities Act 1972 M2 (“the 1972 Act”) in relation to the common agricultural policy of the European Union, makes these Regulations in exercise of the powers in section 2(2) of, and paragraph 1A of Schedule 2 to, the 1972 Act M3 and sections 6(4), 16(1), 17, 26 and 48(1) of the Food Safety Act 1990 M4 (“the 1990 Act”).
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act. It appears to the Secretary of State that it is expedient for references in these Regulations to the Regulation of the European Parliament and of the Council adopted on 16 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, to be construed as references to that Regulation, as amended from time to time M5.
Insofar as these Regulations are made in exercise of powers under the 1990 Act, the Secretary of State has had regard to advice given by the Food Standards Agency as required by section 48(4A) of the 1990 Act. There has been open and transparent public consultation during the preparation and evaluation of the following Regulations as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
Marginal Citations
M1S.I. 1972/1811. The function of the Minister of Agriculture of making regulations under section 2(2) of the European Communities Act 1972 was transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).
M21972 c 68. Section 2(2) is amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006.
M3Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales. The Secretary of State's power, as a Minister so designated, to make regulations which extend to Northern Ireland is confirmed by article 3(2) of S.I. 2000/2812.
M5O.J. L 347, 20.12.2013.