Statutory Instruments
Plant Health, England
Made
22nd October 2015
Laid before Parliament
27th October 2015
Coming into force
20th November 2015
The Secretary of State makes this Order in exercise of—
(a)the powers conferred by sections 2 and 3(1) and (4) of the Plant Health Act 1967(1) and now vested in the Secretary of State(2); and
(b)the powers conferred by paragraph 1A of Schedule 2 to the European Communities Act 1972(3).
This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972(4). It appears to the Secretary of State that it is expedient for the references to the European Union instruments mentioned in article 3(a)(ii) to be construed as references to those instruments as amended from time to time.
1967 c.8. Sections 2 and 3(1) were amended by the European Communities Act 1972 (c.68), Schedule 4, paragraph 8 and by S.I. 2011/1043, article 6(1). Section 2(2) was amended by the Customs and Excise Management Act 1979 (c.2), Schedule 4, paragraph 12. Section 2(3) was inserted by S.I. 1990/2371, Schedule 1, paragraph 1. The powers conferred by sections 2 and 3 are conferred on a “competent authority”, which is defined in section 1(2). Section 1(2) was amended by article 4(1) of, and paragraph 43 of Schedule 2 to, the Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/753). Section 1(2), as amended, defines the competent authority for England and Scotland as regards the protection of forest trees and timber from attack by pests as the Forestry Commissioners and otherwise, for England, as the Secretary of State.
The functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967, in so far as they were not exercisable in relation to Wales, were transferred to the Secretary of State by article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).
1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).
Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).