Search Legislation

The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Section 7

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019, Section 7. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

The Seed Potatoes (England) Regulations 2015E+W

This section has no associated Explanatory Memorandum

7.—(1) The Seed Potatoes (England) Regulations 2015 are amended as follows.

[F1(2) In regulation 1(3), for “the European Union” substitute “Great Britain”.]

(3) In regulation 2—

(a)in the definition of “basic seed potatoes”, in sub-paragraph (b), for the words from “in accordance” to the end substitute—

, stating that the potatoes were certified as basic seed potatoes and the grade, in accordance with—

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency [F2or a country granted equivalence], legislation recognised by the Secretary of State as having equivalent effect to paragraphs 2, 5, 7, 9, 10 and 11 of Part 1 of Schedule 2;

F3(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .;

(b)in the definition of “category” omit the words from “ [F4(or, in relation]” to the end;

(c)in the definition of “certification”—

(i)renumber paragraphs (c) and (d) as paragraphs (a) and (b) respectively;

(ii)in paragraph (b) (as renumbered), for the words from “in accordance” to the end substitute—

in accordance with—

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency [F5or a country granted equivalence], legislation recognised by the Secretary of State as having equivalent effect to regulation 10(2) and (3);

F6(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .;

(d)in the definition of “certified seed potatoes”—

(i)renumber paragraphs (e) and (f) as paragraphs (a) and (b) respectively;

(ii)in paragraph (b) (as renumbered), for the words from “in accordance” to the end substitute—

, stating that the potatoes were certified as certified seed potatoes and the grade, in accordance with—

(i)in the case of seed potatoes produced in Wales, Part 1 of Schedule 2 of the Seed Potatoes (Wales) Regulations 2016 M1;

(ii)in the case of seed potatoes produced in a Crown Dependency [F7or a country granted equivalence], legislation recognised by the Secretary of State as having equivalent effect to paragraphs 3, 5, 7, 9, 10 and 11 of Schedule 2;

F8(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .;

(e)after the definition of “Common Catalogue” insert—

[F9“country granted equivalence” means a country that has been assessed by the Secretary of State that seed potatoes from that country are produced under conditions equivalent to the requirements of these Regulations;]

Crown Dependency” means the Isle of Man and any of the Channel Islands;

[F10“equivalent grade” means—

(a)

for Northern Ireland, an equivalent Union grade;

(b)

for a Crown Dependency or a country granted equivalence, a grade recognised by the Secretary of State as being equivalent to a GB grade;]

equivalent Union grade” means—

(a)for “ [F11GB] grade PBTC”, “Union grade PBTC”;

(b)for “[F11GB] grade PB”, “Union grade PB”;

(c)for “[F11GB] grade S”, “Union grade S”;

(d)for “[F11GB] grade SE”, “Union grade SE”;

(e)for “[F11GB] grade E”, “Union grade E”;

(f)for “[F11GB] grade A”, “Union grade A”;

(g)for “[F11GB] grade B”, “Union grade B”;

[F12“GB Variety List” means a list of varieties of potato species prepared and published in accordance with regulation 3 of the National Lists Regulations;]

(f)after the definition of “genetically modified” insert—

the GMO regulations” means—

(a)in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002 M2;

(b)in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 M3;

(c)in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 M4;

(d)in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003 M5;;

(g)for the definition of “grade” substitute—

grade” includes the [F13GB] grade;;

(h)in the definition of “marketing”, renumber paragraphs (g) and (h) as paragraphs (a) and (b) respectively;

[F14(i)omit the definition of “National List”;]

(j)in the definition of “official document”—

(i)renumber paragraphs (k) and (l) as paragraphs (a) and (b) respectively;

(ii)in paragraph (b) (as renumbered), for the words from “ requirements of” to the end substitute—

requirements of—

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency [F15or a country granted equivalence], legislation recognised by the Secretary of State as having equivalent effect to the requirements of Part 2 of Schedule 2;

F16(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .;

(k)in the definition of “official label”—

(i)renumber paragraphs (m) and (n) as paragraphs (a) and (b) respectively;

(ii)in paragraph (b) (as renumbered), for the words from “requirements of” to the end substitute—

requirements of—

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency [F17or a country granted equivalence], legislation recognised by the Secretary of State as having equivalent effect to the requirements of Part 1 of Schedule 2;

F18(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .;

(l)in the definition of “package or container”, renumber paragraphs (o) and (p) as paragraphs (a) and (b) respectively;

(m)in the definition of “pre-basic seed potatoes”—

(i)renumber paragraphs (q) and (r) as paragraphs (a) and (b) respectively;

(ii)in paragraph (b) (as renumbered), for the words “in accordance” to the end substitute—

, stating that the potatoes were certified as pre-basic seed potatoes and the grade, in accordance with—

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency [F19or a country granted equivalence], legislation recognised by the Secretary of State as having equivalent effect to paragraphs 1, 5, 6, 9, 10 and 11 of Part 1 of Schedule 2;

F20(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .;

(n)in the definition of “seed potatoes”, renumber paragraphs (s) and (t) as paragraphs (a) and (b) respectively;

(o)for the definition of “seed potatoes of a conservation variety” substitute—

seed potatoes of a conservation variety” means any variety of seed potatoes listed as a conservation variety in the [F21GB Variety List];;

F22(p)in the definition of “seed potatoes produced outside England”—

[F23(i)renumber paragraph (u) as paragraph (a);

(ii)omit paragraphs (v) and (w);]

(q)after the definition of “seed potatoes produced outside England” insert—

the seed potatoes regulations” means—

(a)in relation to Wales, the Seed Potatoes (Wales) Regulations 2016;

(b)in relation to Scotland, the Seed Potatoes (Scotland) Regulations 2015 M6;

(c)in relation to Northern Ireland, the Seed Potatoes Regulations (Northern Ireland) 2016 M7;

and “the relevant seed potatoes regulations”, in relation to any constituent part of the United Kingdom, means the seed potatoes regulations applicable in relation to that part;;;

(r)in the definition of “test and trial seed potatoes”—

(i)renumber paragraphs (x) and (y) as paragraphs (a) and (b) respectively;

(ii)in paragraph (b) (as renumbered), for the words from “accordance with Article 9 of the Decision” substitute—

accordance with—

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency [F24or a country granted equivalence], legislation recognised by the Secretary of State as having equivalent effect to paragraphs 4, 5, 8, 9, 10 and 11(c) of Part 1 of Schedule 2;

F25(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .;

(s)for the definition of “Union grade” substitute—

Union grade” means, in relation to seed potatoes produced in [F26Northern Ireland]

(a)in the case of pre-basic seed potatoes, Union grade PBTC or Union grade PB, the minimum conditions for which are set out in Articles 2 and 3 of, and the Annex to, Directive 2014/21/EU M8;

(b)in the case of basic seed potatoes, Union grade S or Union grade SE of Union Grade E, the minimum conditions for which are set out in Article 1 of, and the Annex 1 to, Directive 2014/20/EU M9;

(c)in the case of certified seed potatoes, Union grade A or Union grade B, the minimum conditions for which are set out in Article 2 of, and the Annex 2 to, Directive 2014/20/EU;;

(t)after the definition of “Union grade” insert—

[F27GB] grade” means—

(a)in relation to seed potatoes produced in England, the [F27GB] grade determined in accordance with Schedule 4 during certification, this being—

(i)in the case of pre-basic seed potatoes, [F28GB] grade PBTC or [F28GB] grade PB;

(ii)in the case of basic seed potatoes, [F28GB] grade S, [F28GB] grade SE or [F28GB] grade E;

(iii)in the case of certified seed potatoes, [F28GB] grade A or [F28GB] grade B;

(b)in relation to seed potatoes produced in [F29Scotland or Wales] , [F30GB] grade determined in accordance with the relevant seed potatoes regulations;;

[F31(u)omit paragraph (2)]

(v)omit paragraph (4).

(4) In regulation 4, in paragraph (3)(b), for the words from “accordance with” to the end substitute—

accordance with—

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency [F32or a country granted equivalence], legislation recognised by the Secretary of State as having equivalent effect to regulation 8;

F33(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

F34(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In regulation 5—

[F35(za)in paragraph (1)(a), for “National List” substitute “GB Variety List”;]

(a)in paragraph (3), for the words from the beginning to “Directive 2008/62/EC” substitute “ Where the quantities specified in Article 14 of Directive 2008/62/EC M10 would otherwise be likely to be exceeded ”;

(b)after paragraph (3) insert—

(3A) For the purposes of paragraph (3), Article 14 of Directive 2008/62/EC is to be read as if—

(a)in the first paragraph, in the first sentence—

(i)the words “Each Member State shall ensure that” were omitted;

(ii)for the words “does not exceed” there were substituted “ may not exceed ”;

(iii)for the reference to “that Member State” there were substituted [F36Great Britain];

(b)in the second paragraph—

(i)in the first sentence, for the reference to “each Member State” there were substituted [F36Great Britain];

(ii)for the references to “the Member State” in both places there were substituted [F36Great Britain]..

(7) In regulation 6—

(a)renumber the existing text as paragraph (1);

[F37(b)in sub-paragraph (b)—

(i)in paragraph (i)—

(aa)after “grade S”” insert “, for Northern Ireland,”;

(bb)omit “or”;

(ii)in paragraph (ii), after “grade SE”” insert “, Northern Ireland,”]

(c)after paragraph (b)(ii) insert—

[F38(iii) “GB grade S” or “GB grade SE” as set out in—

(aa)for England, Part 2 of Schedule 4;

(bb)for elsewhere in Great Britain, the relevant seed potatoes regulations; or

(cc)for a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to Part 2 of Schedule 4.];

[F39(d)in sub-paragraph (c)—

(i)in paragraph (i), after “grade S” insert “, for Northern Ireland, ”;

(ii)in paragraph (ii), after “grade SE” insert “, for Northern Ireland,”;

(iii)in paragraph (iii), after “grade E” insert “, for Northern Ireland,”]

(e)after paragraph (c)(iii) insert—

[F40(iv) “GB grade S”, “GB grade SE” or “GB grade E” as set out in—

(aa)for England, Part 2 of Schedule 4;

(bb)for elsewhere in Great Britain, the relevant seed potatoes regulations; or

(cc)for a Crown Dependency or a country granted equivalence, legislation recognised by the Secretary of State as having equivalent effect to Part 2 of Schedule 4.];

F41(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In regulation 8(2), for the words from “the Food and Feed Regulation” to the end substitute—

(a)the Food and Feed Regulation;

(b)the GMO regulations; or

(c)before [F42IP completion day] , Part C of the Deliberate Release Directive.

(9) In regulation 9—

(a)in paragraph (2)—

(i)in sub-paragraph (a), for “in excess of that permitted by Article 7 of the Decision” substitute “ which exceeds the greater of 0.1% of the annual number of seed potatoes used in [F43Great Britain] and such quantity as the Secretary of State considers is sufficient to sow 10 hectares ”;

(ii)in sub-paragraph (b), for the words from “the Food and Feed Regulation” to the end substitute—

(i)the Food and Feed Regulation;

(ii)the GMO regulations; or

(iii)before [F44IP completion day], Part C of the Deliberate Release Directive;

[F45(b)in paragraph (6)(b), for “National List or the Common Catalogue” substitute “GB Variety List”;]

(c)in paragraph (8)(b), for “member State” substitute “ country ”.

(10) In regulation 11(3)(b), for the words from “pursuant to the Directive” to the end substitute—

, in respect of the marketing of potatoes of that category, pursuant to—

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency [F46or a country granted equivalence], legislation recognised by the Secretary of State as having equivalent effect to sub-paragraph (a),

F47(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

(11) In regulation 14(2)(b), for the words from “accordance with” to the end substitute—

accordance with—

(i)in the case of seed potatoes produced in the United Kingdom, the relevant seed potatoes regulations;

(ii)in the case of seed potatoes produced in a Crown Dependency [F48or a country granted equivalence], legislation recognised by the Secretary of State as having equivalent effect to sub-paragraph (a);

F49(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

[F50(12) In regulation 16 and in the heading, for “European Union” substitute “British Islands”.]

(13) After regulation 23 insert—

Transitional provision for official labels on [F51IP completion day]

23A.  A label pre-printed before [F51IP completion day] which at the date on which it was printed was an official label for the purposes of these Regulations is to be treated as an official label for basic seed potatoes or certified seed potatoes for the purposes of any use of that label before the end of the period of one year beginning with the day after the day on which [F51IP completion day] falls..

(14) Omit regulation 26(2).

(15) In Schedule 1—

F52(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in paragraphs 5, 6, 8 and 11, for “Union”, in each place where it occurs, substitute [F53GB].

(16) In Schedule 2—

(a)in paragraph 6(a), for “member State” substitute “ country ”;

(b)in paragraph 7—

(i)in sub-paragraph (a), for “EU” substitute [F54GB];

(ii)in sub-paragraph (b)(i), for “member State” substitute “ country ”;

[F55(c)in paragraph 8(b)—

(i)in paragraph (i), for “member State” substitute “country”;

(ii)in paragraph (vi), for “a National List” substitute “a GB Variety List”;]

(d)in paragraph 9—

(i)for “required by” substitute “ specified in ”;

(ii)at the end, insert “read as if, in point (a), for “ EC ” there were substituted “ [F56GB] ” ”;

(e)in paragraph 11, for “Union”, in each place where it occurs, substitute [F57GB].

(17) In Schedule 3—

(a)in the headings to Parts 1 and 2 for “Union” substitute [F58GB];

(b)in the table in Part 3, in column 2, for “Union”, in each place where it occurs, substitute [F59GB].

(18) Schedule 4 is amended in accordance with paragraphs 19 to 21.

(19) In Part 1—

(a)in the paragraph preceding Table 1, for “Union” substitute [F60GB];

(b)in Table 1—

(i)in the heading to column 1, for “Union” substitute [F61GB];

(ii)in the row relating to grade “PB”, in column 2, in paragraph (1)(b), for “Union grade PB” substitute [F61GB] grade PB or [F62equivalent grade].

(20) In Part 2—

(a)in the paragraph preceding Table 2, for “Union” substitute [F63GB];

(b)in Table 2—

(i)in the heading to column 1, for “Union” substitute [F64GB];

(ii)in the row relating to grade “S”, in column 2, for “Union grade S” substitute [F64GB] grade S or [F65equivalent grade];

(iii)in the row relating to grade “SE”, in column 2, for “Union grade S or Union grade SE” substitute “ UK grade S, UK grade SE or equivalent Union grade ”;

(iv)in the row relating to grade “E”, in column 2—

(aa)in paragraph (1)(a), for “Union grade S or Union grade SE” substitute “ UK grade S, UK grade SE or equivalent Union grade ”;

(bb)in paragraph (1)(b), for “Union grade S, Union grade SE or Union grade E” substitute “ UK grade S, UK grade SE, UK grade E or equivalent Union grade ”.

(21) In Part 3—

(a)in the paragraph preceding Table 3, for “Union” substitute [F66GB];

(b)in Table 3—

(i)in the heading to column 1, for “Union” substitute [F67GB];

(ii)in column 2—

(aa)for “Union grade A”, in both places where it occurs, substitute [F67GB] grade A or [F68equivalent grade];

(bb)for “Union grade B” substitute “ UK grade B or equivalent Union grade ”.

(22) In the heading to Schedule 6, for “OTHER THAN A MEMBER STATE” substitute “ OUTSIDE THE BRITISH ISLANDS ”.

Textual Amendments

F22 By The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 21(4)(b)(vii)(bb) it is provided that the words “or (b) seed potatoes produced in a country granted equivalence” are inserted (31.12.2020 immediately before IP completion day) at the end of reg 7(3)(p)

Commencement Information

I1 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(b) (as amended (20.4.2021) by S.I. 2021/426, regs 1(2), 8(2))

Marginal Citations

M1S.I. 2016/106 (W. 52), amended by S.I. 2017/596 (W. 139), 1095 (W. 276), 2018/1216 (W. 249).

M2S.I. 2002/2443, amended by S.I. 2004/2411, 2005/2759, 2009/1892, 2018/575, 2019/88.

M3S.I. 2002/3188 (W. 304), amended by S.I. 2005/2759, 2005/1913 (W. 156), 2013/755 (W. 90), 2018/1216 (W. 249), 2019/379 (W.94), 463 (W.111).

M4S.S.I. 2002/541, amended by S.S.I. 2004/439, 2015/100, 2019/57.

M5S.R. 2003 No. 167, amended by S.R. 2018 No. 188, S.R. 2019 No. 190.

M6S.S.I. 2015/395, amended by S.S.I. 2016/68, 434, 2018/391, 2019/59.

M7S.R. 2016 No. 190, amended by S.R. 2017 No. 155, S.R. 2019 No. 41.

M8OJ No L 38, 7.2.2014, p. 39.

M9OJ No L 38, 7.2.2014, p. 32.

M10OJ No L 162, 21.6.2008, p. 13.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources