Introductory text

Agriculture

Plant Health, England

Seeds

Made at 10.33 a.m. on 9th June 2020

Laid before Parliament at 2.30 p.m. on 9th June 2020

Coming into force 1st July 2020

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972^f1 in relation to the common agricultural policy^f2.

The Secretary of State has consulted representatives of such interests as appear to him to be concerned in accordance with section 16(1) of the Plant Varieties and Seeds Act 1964^f3.

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 16(1) and (1A) of the Plant Varieties and Seeds Act 1964 and section 2(2) of the European Communities Act 1972^f4.

Annotations

Footnotes

f1: 1972 c. 68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1)). Section 2(2) of the European Communities Act 1972 was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).
f2: S.I. 1972/1811, to which there are amendments not relevant to these Regulations.
f3: 1964 c. 14. Subsection 16(1A) was inserted by section 4 of, and paragraph 5 of Schedule 4 to, the European Communities Act 1972. See section 38(1) for the definition of “the Minister”. The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) of the 1972 Act and under the Plant Varieties and Seeds Act 1964 was transferred to the Secretary of State by article 2 of S.I. 2002/794.
f4: Under section 57(1) of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Scotland. Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales. The Secretary of State’s power, as a Minister so designated, to make regulations which extend to Northern Ireland is confirmed by article 3(2) of S.I. 2000/2812.