OpenLegislation

Regulation 108

Original text. Later amendments are not shown.

In Schedule 9—

(a)

in the heading to Schedule 9, for “plant passports” substitute “UK plant passports;

(b)

in Part A, in the heading—

(i)

for “plant passports” substitute “UK plant passports;

(ii)

for “for any relevant material in Schedule 6 or 7” substitute “in relation to relevant material”;

(c)

in paragraphs 1 to 3, for “plant passport”, in each place it occurs, substitute “UK plant passport”;

(d)

in paragraph 4—

(i)

in the words before sub-paragraph (a), for “plant passport” substitute “UK plant passport”;

(ii)

in sub-paragraph (a), for “EU-plant” substitute “UK plant”;

(iii)

omit sub-paragraph (b);

(iv)

in sub-paragraph (c), for the words from “responsible” to the end substitute “appropriate UK plant health authority”;

(v)

in sub-paragraph (d) for “plant passport”, in both places it occurs, substitute “UK plant passport”;

(vi)

in sub-paragraphs (e), (f), and (g), for “plant passport”, in each place it occurs, substitute “UK plant passport”;

(vii)

in sub-paragraph (h)—

(aa)

for “protected zone”, in both places it occurs, substitute “UK pest free area”;

(bb)

for “ZP” substitute “PFA”;

(viii)

in sub-paragraph (j), for “England” substitute “the United Kingdom”;

(e)

in paragraph 5(c)(ii)—

(i)

for “European Union”, in the first place it occurs, substitute “United Kingdom”;

(ii)

for the words “responsible” to the end substitute “appropriate UK plant health authority”;

(f)

in paragraph 6(1)(a), for the words from “at” to the end substitute “English”;

(g)

in paragraph 7, for “plant passport” substitute “UK plant passport”;

(h)

in paragraph 8, for sub-paragraphs (a) to (c) substitute—

“(a)

in relation to vegetable plant material—

(i)

produced in Great Britain, in Part B of Schedule 2 to the Marketing of Vegetable Plant Material Regulations 1995f1;

(ii)

produced in Northern Ireland, in Part B of Schedule 2 to the Marketing of Vegetable Plant Material Regulations (Northern Ireland) 1995f2;

(b)

in relation to ornamental plant propagating material—

(i)

produced in England or Wales, in the Schedule to the Marketing of Ornamental Plant Propagating Material Regulations 1999f3;

(ii)

produced in Scotland, in Schedule 1 to the Marketing of Ornamental Plant Propagating Material Regulations 1999f4;

(iii)

produced in Northern Ireland, in the Schedule to the Marketing of Ornamental Plant Propagating Material Regulations (Northern Ireland) 1999f5;”

(i)

in Part B, in the heading—

(i)

for “plant passports” substitute “UK plant passports”;

(ii)

omit “in Schedule 6 or 7”;

(j)

in paragraph 9, for “plant passport”, in both places it occurs, substitute “UK plant passport”;

(k)

in paragraph 10—

(i)

in sub-paragraph (a), for “in Article 13(1)(a) of Council Directive 2002/56/EC on the marketing of seed potatoes” substitute—

“—

(i)

in the case of seed potatoes produced in England, in Part 1 of Schedule 2 to the Seed Potatoes (England) Regulations 2015f6;

(ii)

in the case of seed potatoes produced in Wales, in Part 1 of Schedule 2 to the Seed Potatoes (Wales) Regulations 2016f7;

(iii)

in the case of seed potatoes produced in Scotland, in Part 1 of Schedule 5 to the Seed Potatoes (Scotland) Regulations 2015f8;

(iv)

in the case of seed potatoes produced in Northern Ireland, in Part 1 of Schedule 2 to the Seed Potatoes Regulations (Northern Ireland) 2016f9”;

(ii)

in sub-paragraph (b), for “EU-plant” substitute “UK plant”;

(iii)

in sub-paragraph (c)—

(aa)

for “European Union” substitute “United Kingdom”;

(bb)

for “in item 18.1 of Section II of Annex IV Part A” substitute “specified in item 5 of Part B of the list of regulated material”;

(l)

omit paragraphs 11 and 12;

(m)

in paragraph 13—

(i)

in sub-paragraph (a), for “in Article 10(1)(a) of Council Directive 66/401/EEC on the marketing of fodder plant seed” substitute—

“—

(i)

in the case of seeds produced in England, in Parts 2 and 3 of Schedule 3 to the Seed Marketing Regulations 2011f10;

(ii)

in the case of seeds produced in Wales, in Parts 2 and 3 of Schedule 3 to the Seed Marketing (Wales) Regulations 2012f11;

(iii)

in the case of seeds produced in Scotland, in Part 2 of Schedule 6 to the Oil and Fibre Plant Seed (Scotland) Regulations 2004f12;

(iv)

in the case of seeds produced in Northern Ireland, in Parts 2 and 3 of Schedule 3 to the Seed Marketing Regulations (Northern Ireland) 2016f13;”;

(ii)

in sub-paragraph (b), for “EU-plant” substitute “UK plant”;

(iii)

in sub-paragraph (c)—

(aa)

for “European Union” substitute “United Kingdom”;

(bb)

for “in items 28.1 and 28.2 of Section II of Annex IV Part A” substitute “specified in items 21 and 22 of Part B of the list of regulated material”.

Annotations

Footnotes

f1

S.I. 1995/2652, to which there are amendments not relevant to these Regulations.

f2

S.R. 1995 No. 415, to which there are amendments not relevant to these Regulations.

f3

S.I. 1999/1801, to which there are amendments not relevant to these Regulations.

f4

S.I. 1999/1801, amended by S.S.I. 2018/284; there are other amending instruments but none is relevant.

f5

S.R. 1999 No. 502, to which there are amendments not relevant to these Regulations.

f6

S.I. 2015/1953, amended by S.I. 2017/288.

f7

S.I. 2016/106 (W.52), amended by S.I. 2017/596 (W.139).

f8

S.S.I. 2015/395, as amended by S.S.I. 2016/434.

f9

S.R. 2016 No. 190, as amended by S.R. 2017 No. 155.

f10

S.I. 2011/463; relevant amending instruments are S.I. 2011/2992, 2012/3055.

f11

S.I. 2012/245 (W.39).

f12

S.S.I. 2004/317; relevant amending instruments are S.S.I. 2009/223, 2016/434, 2016/68.

f13

S.R. 2016 No. 244.