TITLE IVU.K.FINAL PROVISIONS

CHAPTER IU.K.Adaptation of the Annexes

Article 31U.K.New [F1UK fertilisers] [F2and technical adaptations]

[F31.The [F4Secretary of State may, by regulations,] adapt Annex I to include new types of fertilisers.]

2.A manufacturer or its representative which wishes to propose a new type of fertiliser for inclusion in Annex I and is required to compile a technical file for that purpose shall do so by taking into account [F5any relevant guidance and the provisions of Regulation (EC) No 1907/2006].

[F33.The [F6Secretary of State may, by regulations,] adapt the Annexes to take account of technical progress.]

F74.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in Regulation substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in Art. 31 heading inserted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(15)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3Substituted by Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny Adaptation to the regulatory procedure with scrutiny — Part Two.

F4Words in Art. 31(1) substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(15)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 31(2) substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(15)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in Art. 31(3) substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(15)(d); 2020 c. 1, Sch. 5 para. 1(1)

F7Art. 31(4) omitted (31.12.2020) by virtue of The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(15)(e); 2020 c. 1, Sch. 5 para. 1(1)

[F8Article 32U.K.Regulations

1.Regulations made under this Regulation are to be made by statutory instrument.

2.Any power to make regulations conferred by this Regulation is the power to make regulations in relation to Great Britain.

3.Except in relation to regulations in respect of ammonium nitrate fertilisers of high nitrogen content where the regulations are outside devolved competence, the Secretary of State may not make regulations under this Regulation without the consent of each person who is a relevant authority.

4.Except in relation to regulations in respect of ammonium nitrate fertilisers of high nitrogen content where the regulations are outside devolved competence, where any of the relevant authorities requests that the Secretary of State make regulations under this Regulation, the Secretary of State must have regard to that request.

5.A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

6.Such regulations may—

(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b)make different provision for different purposes.]

Textual Amendments

F8Art. 32 substituted (31.12.2020) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 5(16) (as amended (27.2.2021) by S.I. 2021/207, regs. 1(1), 2(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)