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There are currently no known outstanding effects for the The Plant Health (Scotland) Amendment Order 2010, Introductory Text.
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Scottish Statutory Instruments
Plant Health
Made
19th May 2010
Laid before the Scottish Parliament
21st May 2010
Coming into force
1st July 2010
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act 1967(1), as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972(2), and section 2(2) of the European Communities Act 1972(3) and all other powers enabling them to do so.
This Order makes provision for preventing the spread of pests in Scotland and is called for by EU obligations in Council Directive 2007/33/EC on the control of potato cyst nematodes and repealing Directive 69/465/EEC(4).
1967 c.8. Sections 2(1) and 3(1) were amended by the European Communities Act 1972 (c.68) (“the 1972 Act”), section 4(1) and Schedule 4, paragraph 8. Section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c.48) and further amended by section 17(1) of the Criminal Justice Act 1991 (c.53) and the Statute Law (Repeals) Act 1993 (c.50), section 1(1) and Schedule 1, Part XIV. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46) (“the 1998 Act”).
1972 c.68. Section 2(2) was amended by the 1998 Act, Schedule 8, paragraph 15(3), the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) and the European Union (Amendment) Act 2008 (c.7), Schedule 1(1), paragraph 1. The powers in section 2(2) of the 1972 Act are exercised as regards the whole or part of articles 4, 7(a) and 10 of, and paragraphs 9 and 10 of Schedule 15 to S.S.I. 2005/613 as substituted by Schedule 1 to, this instrument. The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.
O.J. L 156, 16.6.07, p.12.
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