The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019

Made: 28th May 2019

Laid before the Scottish Parliament: 30th May 2019

Coming into force in accordance with regulation 1(1)

The Scottish Minister make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 , and all other powers enabling them to do so.

PART 1 — INTRODUCTION

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 and come into force as follows—

• (a) as regards this Part, Part 2 and regulation 6, on 29 June 2019,

• (b) as regards the remainder of Part 3, on exit day.

• (2) These Regulations extend to Scotland only.

PART 2 — AMENDMENTS MADE UNDER SECTION 2(2) OF THE EUROPEAN COMMUNITIES ACT 1972

The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

2

• (1) The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 are amended as follows.

• (2) In regulation 5(2) (general requirements for marketing of plant material), for “31st December 2018” substitute “ 31 December 2022 ”.

PART 3 — AMENDMENT OF SECONDARY LEGISLATION RELATING TO WITHDRAWAL FROM THE EUROPEAN UNION

The Vegetable Seeds Regulations 1993

3

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The Cereal Seed (Scotland) Regulations 2005

4

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The Seed Potatoes (Scotland) Regulations 2015

5

• (1) The Seed Potatoes (Scotland) Regulations 2015 are amended as follows.

• (2) In regulation 7(2) (marketing requirements - conservation varieties), for the words from the beginning to “Commission Directive 2008/62/EC” substitute “ Where the quantities laid down in Article 14 of Commission Directive 2008/62/EC would otherwise be likely to be exceeded ”.

Revocation

6

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Signed

MAIRI GOUGEON — Authorised to sign by the Scottish Ministers — 2019-05-28

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68. Section 2(2) was amended by paragraph 15(3) of schedule 8 of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by section 3(3) and Part 1 of the schedule of the European Union (Amendment) Act 2008 (c.7). The functions conferred upon the Minister of the Crown under section 2(2), insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. The powers in section 2(2) are exercised in relation to Part 2 of these Regulations.

[^f00002]: 2018 c.16.

[^f00003]: S.S.I. 2017/177, as amended by S.S.I. 2019/59 (some of these amendments are not yet in force).

[^f00004]: S.I. 1993/2008, amended by S.I. 1996/1452, S.I. 1997/616, S.I. 1999/1863, S.S.I. 2000/250, S.I. 2001/3510, S.S.I. 2007/305, S.S.I. 2010/219, S.S.I. 2010/425, S.I. 2011/1043, S.S.I. 2013/326, S.S.I. 2016/434 and S.S.I. 2019/59.

[^f00005]: That definition will be inserted by regulation 9(2)(a)(iii) of S.S.I. 2019/59.

[^f00006]: OJ L 97, 9.4.2008, p.64.

[^f00007]: S.S.I. 2005/328, amended by S.S.I. 2006/313, S.S.I. 2006/448, S.S.I. 2007/224, S.S.I. 2007/536, S.S.I. 2009/223, S.S.I. 2010/219, S.I. 2011/1043, S.S.I. 2016/68, S.S.I. 2016/434 and S.S.I. 2019/59.

[^f00008]: S.S.I. 2015/395, amended by S.S.I. 2016/68, S.S.I. 2016/434, S.S.I. 2018/391 and S.S.I. 2019/59.

[^f00009]: S.S.I. 2019/59.

Editorial notes

[^c23760641]: 1972 c.68. Section 2(2) was amended by paragraph 15(3) of schedule 8 of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by section 3(3) and Part 1 of the schedule of the European Union (Amendment) Act 2008 (c.7). The functions conferred upon the Minister of the Crown under section 2(2), insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. The powers in section 2(2) are exercised in relation to Part 2 of these Regulations.

[^c23760651]: 2018 c.16.

[^c23760661]: S.S.I. 2017/177, as amended by S.S.I. 2019/59 (some of these amendments are not yet in force).

[^c23760711]: S.S.I. 2015/395, amended by S.S.I. 2016/68, S.S.I. 2016/434, S.S.I. 2018/391 and S.S.I. 2019/59.

[^key-dbac29941a8a7c0ffd72fb7ba886b77f]: Reg. 1 in force at 29.6.2019, see reg. 1(1)(a)

[^key-63ee604714499e69420e34fd8315f366]: Reg. 2 in force at 29.6.2019, see reg. 1(1)(a)

[^key-2630e0596aa0f9d0dd04d595208daca5]: Reg. 6 in force at 29.6.2019, see reg. 1(1)(a)

[^key-f1e9c3e3dd41c7ae038960118f1078c5]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

[^key-ffd45a46921d7ef9bbac18ba882664dc]: Reg. 3 revoked (31.12.2020) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), reg. 1(1)(a), sch.

[^key-74b8263cd9cb26fd6a46a9eac22e5797]: Reg. 4 revoked (31.12.2020) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), reg. 1(1)(a), sch.

[^key-2a5cdc52089bf4f1c5bc2ef5db5d5d35]: Reg. 6 revoked (31.12.2020 immediately before IP completion day) by The Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/289), regs. 1(b), 8; 2020 c. 1, Sch. 5 para. 1(1)