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Statutory Instruments
Plant Health
Made
3rd October 2022
Laid before Parliament
4th October 2022
Coming into force
1st November 2022
The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 8(5), 48(5) and 105(6)(a) of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants(1) (“the Plant Health Regulation”).
In accordance with Article 2a(2)(a) of the Plant Health Regulation, the Scottish Ministers and the Welsh Ministers have consented to the Secretary of State making these Regulations.
EUR 2016/2031. Articles 8 and 48 were amended by, and Article 105 substituted by S.I. 2020/1482. Article 2a(2) of EUR 2016/2031 (inserted by S.I. 2020/1482) contains a definition of “the appropriate authority” for the purposes of making regulations and provides that, in the case of regulations applying in relation to Wales or Scotland, “the appropriate authority” is the Secretary of State if consent is given by the Welsh Ministers or the Scottish Ministers, as the case may be.
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