These Regulations are made by the Scottish Ministers in exercise of powers conferred by, in relation to regulations 2 and 3, paragraph 11M(1) of schedule 2 of the European Union (Withdrawal) Act 2018 (“the 2018 Act”), and in relation to regulation 4, Articles 22 and 144 of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (“the Official Controls Regulation”).

Regulations 2 and 3 make amendments to the legislation on plant propagating material for vegetable and ornamental plants, as a consequence of changes to the Northern Ireland Protocol following Decision 03/2020 of the Joint Committee amending the Protocol on Ireland and Northern Ireland. The regulations change existing references to the United Kingdom to Great Britain so that Northern Ireland is subject to relevant EU rules.

Regulation 4 makes provision in the field of plant health relating to the conduct of official controls on certain goods at the place of destination where the transitional derogations and modifications set out in Annex 6 of the Official Controls Regulation apply. Specifically, these Regulations amend provisions relating to offences in the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019.

A business and regulatory impact assessment has not been prepared in relation to these Regulations as no, or no significant, impact upon businesses, charities or voluntary bodies is foreseen.