The Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019

Made: 10th September 2019

Laid before the Scottish Parliament: 12th September 2019

Coming into force in accordance with regulation 1

The Scottish Ministers make these Regulations in the exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , paragraph 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 and all other powers enabling them to do so.

In accordance with paragraph 4 of schedule 2 of the European Union (Withdrawal) Act 2018, they have consulted with the Secretary of State.

PART 1 — INTRODUCTION

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 and come into force as follows—

• (a) as regards this Part and Part 2, on 31 October 2019,

• (b) as regards Part 4, immediately before exit day,

• (c) as regards 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 Vegetable Plant Material Regulations 1995

2

In the Marketing of Vegetable Plant Material Regulations 1995 , after regulation 4 (small producers) insert—

(4A) (1) The Scottish Ministers may, until 31 December 2022, authorise the marketing of plant material from any country outside the European Union if satisfied that the plant material has been produced under conditions equivalent to the requirements in these Regulations from plant material. (2) An authorisation given under this regulation— (a) must be in writing, (b) may be subject to conditions, and (c) may be amended, suspended or revoked by notice.

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

The Marketing of Vegetable Plant Material Regulations 1995

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

4

In the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 , in regulation 5(2) (general requirements for marketing of plant material), for “European Union” substitute “ United Kingdom ”.

PART 4 — REVOCATIONS

The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019

5

Regulations ... 13(5)(c) ... (the Cereal Seed (Scotland) Regulations 2005) and 16(7)(a) (the Seed Potatoes (Scotland) Regulations 2015) of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 are revoked.

The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019

6

Regulation 7(4) (the Rural Development (Scotland) Regulations 2015) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 is revoked.

The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019

7

Regulation 3(13) (amendment of the Marketing of Horticultural Produce (Scotland) Regulations 2009) of the Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 is revoked.

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

8

Regulation 6 (revocation) of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 is revoked.

The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019

9

Part 4 (revocation) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 is revoked.

Signed

MAIRI GOUGEON — Authorised to sign by the Scottish Ministers — 2019-09-10

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(1) and (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 European Communities Act 1972 is prospectively repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) from exit day (see section 20 of that Act). The powers in section 2(2) are exercised in relation to Part 2 of these Regulations.

[^f00002]: 2018 c.16 (“the 2018 Act”).

[^f00003]: S.I. 1995/2652, to which there are amendments not relevant to these Regulations.

[^f00004]: S.S.I. 2017/177; relevant amending instruments are S.S.I. 2019/59 and S.S.I. 2019/190. Certain amendments made by S.S.I. 2019/59 come into force on “exit day” within the meaning of section 20 of the 2018 Act (others came into force on 28March 2019).

[^f00005]: S.S.I. 2019/59.

[^f00006]: S.S.I. 2019/60.

[^f00007]: S.S.I. 2019/169.

[^f00008]: S.S.I. 2019/190.

[^f00009]: S.S.I. 2019/209.

Editorial notes

[^c23843931]: 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(1) and (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 European Communities Act 1972 is prospectively repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) from exit day (see section 20 of that Act). The powers in section 2(2) are exercised in relation to Part 2 of these Regulations.

[^c23843941]: 2018 c.16 (“the 2018 Act”).

[^c23843951]: S.I. 1995/2652, to which there are amendments not relevant to these Regulations.

[^c23843961]: S.S.I. 2017/177; relevant amending instruments are S.S.I. 2019/59 and S.S.I. 2019/190. Certain amendments made by S.S.I. 2019/59 come into force on “exit day” within the meaning of section 20 of the 2018 Act (others came into force on 28 March 2019).

[^c23843971]: S.S.I. 2019/59.

[^c23843981]: S.S.I. 2019/60.

[^c23843991]: S.S.I. 2019/169.

[^c23844001]: S.S.I. 2019/190.

[^c23844011]: S.S.I. 2019/209.

[^key-b56bbd9179a6ee94b46f6c739b5e23d7]: Reg. 2 in force at 31.10.2019, see reg. 1(1)(a)

[^key-d429ee6006227746a07db17a587913a2]: Reg. 1 in force at 31.10.2019, see reg. 1(1)(a)

[^key-ce0cbea29b153f01ff1522d492cf0c57]: Reg. 4 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)(c)

[^key-da468a44f0b3c30019c61a41ed7e4225]: Reg. 5 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

[^key-81910be72bab3b631771828e87c5f864]: Reg. 6 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

[^key-8200b88aaa873101b1d42d3311c43d46]: Reg. 7 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

[^key-96edf58e05cd5ef7bb4c2128a78fdad0]: Reg. 8 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

[^key-47dafc90807f5ac65e585d009347e187]: Reg. 9 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

[^key-1f23cd32b9af3e3bdea29529766365b6]: 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-b35555edb3d239ef5d34ef5dc657bcca]: Words in reg. 5 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.