PART 4Functions relating to the marketing of seed, plant and plant propagating material

CHAPTER 1Introductory

Meaning of “the appropriate authority”11

1

For the purposes of any power to make regulations under this Part, “the appropriate authority” means—

a

in the case of regulations applying in relation to England, the Secretary of State;

b

in the case of regulations applying in relation to Wales, the Welsh Ministers;

c

in the case of regulations applying in relation to Scotland, the Scottish Ministers.

2

But “the appropriate authority” is the Secretary of State if consent is given—

a

in the case of regulations applying in relation to Wales, by the Welsh Ministers, provided the regulations do not amend, repeal or revoke enactments made by the Welsh Ministers or passed by the Welsh Parliament or require references to such enactments to be read subject to modifications;

b

in the case of regulations applying in relation to Scotland, by the Scottish Ministers, provided the regulations do not amend, repeal or revoke enactments made by the Scottish Ministers or passed by the Scottish Parliament or require references to such enactments to be read subject to modifications.

General interpretation12

In this Part, unless otherwise stated—

  • “Directive 93/49/EEC” means Commission Directive 93/49/EEC setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants17;

  • “Directive 93/61/EEC” means Commission Directive 93/61/EEC setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed18;

  • “Directive 98/56/EC” means Council Directive 98/56/EC on the marketing of propagating material of ornamental plants19;

  • “Directive 2008/72/EC” means Council Directive 2008/72/EC on the marketing of vegetable propagating and planting material, other than seed20;

  • “Directive 2008/90/EC” means Council Directive 2008/90/EC on the marketing of fruit plant propagating material and fruit plants intended for fruit production21;

  • “Fruit Plant Marketing Regulations” means—

    1. a

      in relation to England, the Marketing of Fruit Plant and Propagating Material (England) Regulations 201722;

    2. b

      in relation to Wales, the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 201723;

    3. c

      in relation to Scotland, the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 201724;

  • “fruit plant material” means plants and materials to which, or (as regards Scotland) to the marketing of which, the Fruit Plant Marketing Regulations apply;

  • “marketing” means holding available or in stock, display with a view to sale, offering for sale, sale or delivery by a supplier to another person;

  • “ornamental plant material” means plant material intended for the propagation of ornamental plants or intended for their production, provided that, in the case of production from complete plants, the resulting ornamental plant is intended for further marketing;

  • “vegetable plant material” means plant material to which the Marketing of Vegetable Plant Material Regulations 199525 apply.