The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations are principally made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. They do so by amending provisions contained in four SSIs concerning the marketing of agricultural seed, fruit and vegetative plant propagating material and forest reproductive material (“the Existing Exit SSIs”) that were made in anticipation of the United Kingdom withdrawing from the European Union in March 2019; because withdrawal was delayed until January 2020 and circumstances changed in the intervening period, many of the provisions in the Existing Exit SSIs had to be amended to ensure they would, on coming into force, have the desired effect.

Part 2 (regulations 2 to 8), made in exercise of powers under the European Communities Act 1972 (c.68), makes amendments to secondary legislation concerning the marketing of agricultural seed and fruit plant propagating material to update references to a number of EU instruments referred to therein.

Part 3 (regulations 9 to 19) makes amendments to the Existing Exit SSIs consequential to changes in circumstances in the period since the United Kingdom’s anticipated withdrawal from the European Union in March 2019.

Part 4 (regulation 20) revokes certain provisions contained in two of the Existing Exit SSIs as a result of changes in circumstances in the period since the United Kingdom’s anticipated withdrawal from the European Union in March 2019.

A business and regulatory impact assessment has not been produced for this instrument as no, or no significant, impact upon business, charities or voluntary bodies is foreseen.