The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 4) Regulations 2020

Made: at 9.00 a.m. on 7th October 2020

Laid before Parliament: at 4.20 p.m. on 7th October 2020

Coming into force: 29th October 2020

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

Citation and commencement

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These Regulations may be cited as the Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 4) Regulations 2020 and come into force on 29th October 2020.

Amendment of the Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

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• (1) The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019[^f00003] are amended as follows.

• (2) For regulation 31(3) substitute—

(3) Paragraph (1) does not apply— (a) to any premises which are used wholly or mainly as a private dwelling unless 24 hours’ notice has been given to the occupier; or (b) in relation to any notice served under Schedule 4A.

• (3) In regulation 36(1), at the end insert “or Schedule 4A”.

• (4) In regulation 37—

• (a) in paragraph (3), after “plant health inspector” insert “or the appropriate authority”;

• (b) in paragraph (6), in the definition of “notice”, after “plant health inspector” insert “or the appropriate authority”.

• (5) In regulation 39—

• (a) the unnumbered paragraph becomes paragraph (1) of that regulation;

• (b) after paragraph (1) as renumbered, insert—

(2) Paragraph (1)(a) does not apply in relation to any notice served under Schedule 4A.

• (6) In regulation 46(1), after “this Part” insert “or paragraph 22 of Schedule 4A (failure to comply with a stop notice)”.

• (7) In regulation 47(1), after “this Part” insert “or paragraph 22 of Schedule 4A (failure to comply with a stop notice)”.

• (8) After regulation 48 (penalties) insert—

(48A) Schedule 4A (which provides for civil sanctions) has effect.

• (9) After Schedule 4, insert the Schedule contained in the Schedule to these Regulations.

Revocation of the Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 3) Regulations 2020

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The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/1060) are revoked.

SCHEDULE — Insertion of new Schedule 4A

Signed

Gardiner of Kimble — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 9.00 a.m. on 7th October 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Official Controls (Plant Heath and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517) (“the 2019 Regulations”). The 2019 Regulations give effect to—

• (a) Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants (OJ No. L 317, 23.11.2016, p.4) (“the EU Plant Health Regulation”); and

• (b) Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, in so far as it applies to the rules referred to in Article 1(2)(g) (OJ No. L 95, 7.4.2017, p.1) (“the Official Controls Regulation”).

These Regulations make provision for civil sanctions in respect of offences set out in Part 11 of the 2019 Regulations. The suite of sanctions available to the appropriate authority (as designated under regulations 6(1) and 6(2) of those Regulations) consists of compliance, restoration and stop notices, fixed and variable monetary penalties, as well as the ability to accept third party undertakings and enforcement undertakings.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 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).

[^f00002]: S.I. 1972/1811, to which there are amendments not relevant to these Regulations. The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794, article 2.

[^f00003]: S.I. 2019/1517, to which there are amendments not relevant to these Regulations.