OpenLegislation

Introductory text

England and Wales

PLANT HEALTH, WALES

Made 22 November 2007

Laid before the National Assembly for Wales 23 November 2007

Coming into force 18 December 2007

The Welsh Ministers make the following Order in exercise of the powers conferred by sections 2 and 3(1) of the Plant Health Act 1967f1, now vested in themf2;

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972f3 and it appears to the Welsh Ministers that it is expedient for the references in the following Order to certain Decisions to be construed as references to those instruments as amended from time to time:

Annotations

Footnotes

f1

1967 c. 8; sections 2(1) and 3(1) were amended by the European Communities Act 1972 (c. 68), section 4(1) and Schedule 4, paragraph 8.

f2

Section 1(2)(b) of the Plant Health Act 1967 provides that the competent authority in England and Wales for the purposes of that Act is the Minister for Agriculture, Fisheries and Food. By virtue of the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I.1978/272), article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were, so far as they are exercisable in relation to Wales, transferred to the Secretary of State for Wales. These functions of the Secretary of State for Wales were then transferred to the National Assembly for Wales under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions transferred to the National Assembly for Wales by S.I. 1999/672 are now exercisable by the Welsh Ministers by virtue of section 162 and paragraph 30 of Schedule 11 of the Government of Wales Act 2006 c. 32.

f3

1972 c. 68. Schedule 2, paragraph 1A, inserted by the Legislative and Regulatory Reform Act 2006 (c. 51), section 28, provides for the inclusion in subordinate legislation of references to European Community instruments as references to those instruments as amended from time to time.