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.