The Nagoya Protocol (Compliance) (Amendment) Regulations 2015

This Statutory Instrument has been made in consequence of a defect in S.I. 2015/821 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2015 No. 1691

Environmental Protection

The Nagoya Protocol (Compliance) (Amendment) Regulations 2015

Made

14th September 2015

Laid before Parliament

18th September 2015

Coming into force

11th October 2015

The Secretary of State, who is designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to the environment(2), makes these Regulations in exercise of the powers conferred by that section of that Act.

Citation and commencement

1.  These Regulations may be cited as the Nagoya Protocol (Compliance) (Amendment) Regulations 2015 and come into force on 11th October 2015.

Amendment of the Nagoya Protocol (Compliance) Regulations 2015

2.  In regulation 16(2) of the Nagoya Protocol (Compliance) Regulations 2015(3),after “regulation 13”, insert “, or regulation 14,”.

Rory Stewart

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

14th September 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Nagoya Protocol (Compliance) Regulations 2015 (S.I. 2015/821), which implement, within the United Kingdom, compliance measures for users of genetic resources or traditional knowledge associated with genetic resources resulting from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation to the Convention on Biological Diversity. The amendment ensures that there is a penalty associated with the offence of obstruction of an inspector who exercises a power under those Regulations.

An impact assessment has not been produced for these Regulations as no significant impact on the costs of business or the voluntary sector is foreseen as a result of them. The Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.

(1)

1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a), and the European Union (Amendment) Act 2008 (c. 7), Part 1 of the Schedule. Under section 57 of the Scotland Act 1998 (c. 46), despite the transfer to the Scottish Ministers of functions in relation to implementing obligations under EU law in respect of devolved matters, the function of the Secretary of State in relation to implementing those obligations continues to be exercisable 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.

(2)

S.I. 2008/301.

(3)

S.I. 2015/821.