The Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019

Scottish Statutory Instruments

2019 No. 289

Exiting The European Union

Agriculture

Horticulture

Plant Health

Seeds

The Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019

Made

10th September 2019

Laid before the Scottish Parliament

12th September 2019

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.

Marginal Citations

M1 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 The European Communities Act 1972 is prospectively repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) from exit day (see section 20 of that Act).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.

M2 2018 c.16 (“the 2018 Act”).

PART 1 S INTRODUCTION

Citation, commencement and extent S

1.—(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.

Commencement Information

I1 Reg. 1 in force at 31.10.2019, see reg. 1(1)(a)

PART 2 S AMENDMENTS MADE UNDER SECTION 2(2) OF THE EUROPEAN COMMUNITIES ACT 1972

The Marketing of Vegetable Plant Material Regulations 1995 S

2.  In the Marketing of Vegetable Plant Material Regulations 1995 M3 , after regulation 4 (small producers) insert—

“Plant Material from outside the European Union: authorisation

4A.— (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.”.

Commencement Information

I2 Reg. 2 in force at 31.10.2019, see reg. 1(1)(a)

Marginal Citations

M3 S.I. 1995/2652, to which there are amendments not relevant to these Regulations.

PART 3 S AMENDMENTS OF SECONDARY LEGISLATION RELATING TO WITHDRAWAL FROM THE EUROPEAN UNION

The Marketing of Vegetable Plant Material Regulations 1995 S

F1 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 3 revoked (31.12.2020) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), reg. 1(1)(a), sch.

The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 S

4.  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 ”.

Commencement Information

I3 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(c)

Marginal Citations

M4 S.S.I. 2017/177; relevant amending instruments are S.S.I. 2019/59 and S.S.I. 2019/190. Certain amendments made by S.S.I. 2019/59 come into force on “exit day” within the meaning of section 20 of the 2018 Act (others came into force on 28 March 2019).

PART 4 S REVOCATIONS

The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 S

5.  Regulations F2 ... 13(5)(c) F2 ... (the Cereal Seed (Scotland) Regulations 2005) and 16(7)(a) (the Seed Potatoes (Scotland) Regulations 2015) of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 M5 are revoked.

Textual Amendments

F2 Words in reg. 5 revoked (31.12.2020) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), reg. 1(1)(a), sch.

Commencement Information

I4 Reg. 5 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

Marginal Citations

M5 S.S.I. 2019/59.

The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 S

6.  Regulation 7(4) (the Rural Development (Scotland) Regulations 2015) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 M6 is revoked.

Commencement Information

I5 Reg. 6 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

Marginal Citations

M6 S.S.I. 2019/60.

The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 S

7.  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.

Commencement Information

I6 Reg. 7 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

Marginal Citations

M7 S.S.I. 2019/169.

The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 S

8.  Regulation 6 (revocation) of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 M8 is revoked.

Commencement Information

I7 Reg. 8 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

Marginal Citations

M8 S.S.I. 2019/190.

The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 S

9.  Part 4 (revocation) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 M9 is revoked.

Commencement Information

I8 Reg. 9 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

Marginal Citations

M9 S.S.I. 2019/209.

MAIRI GOUGEON

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

Explanatory Note

(This note is not part of the Regulations)

These Regulations are principally made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 (c.16) in order to address deficiencies in EU-derived domestic legislation in Scotland arising from the withdrawal of the UK from the European Union.

Part 2 (regulation 2), made in exercise of powers under the European Communities Act 1972 (c.68), amends the Marketing of Vegetable Plant Material Regulations 1995 to implement a derogation available to Members States in Article 16 of Council Directive 2008/72/EC (OJ L 205, 1.8.2008, p.28-39) on the marketing of vegetable propagating and planting material, other than seed.

Part 3 (regulations 3 and 4) makes amendments to fix deficiencies in secondary legislation concerning the marketing of vegetable plant material and fruit plant and propagating material consequential on the United Kingdom's withdrawal from the European Union.

Part 4 (regulations 5 to 9) makes revocations. Regulation 5 revokes regulations 9(2)(a)(ix), 13(5)(c) and (d) and 16(7)(a) of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 in consequence of regulations 3 to 5 of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 which correct drafting errors identified in amendments made by the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019, in fulfilment of a commitment to the Scottish Parliament to do so. Regulation 6 revokes regulation 7(4) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 in consequence of the amendment to regulation 16(1)(d) of the Rural Development (Scotland) Regulations 2015 made by regulation 4 of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019. Regulation 7 revokes regulation 3(13) of the Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 in consequence of the amendment to the Marketing of Horticultural Produce (Scotland) Regulations 2009 made by regulation 3 of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019. Regulations 8 and 9 revoke respectively regulation 6 of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 and Part 4 (regulations 5 and 6) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 and are made in consequence of regulations 5, 6 and 7 of this instrument which make provision in place of those regulations.

No Business and Regulatory Impact Assessment has been produced for this instrument as no, or no significant impact upon business, charities or voluntary bodies is foreseen.