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21.—(1) This regulation applies to any derogation from provisions of the EU Plant Health Regulation which is set out in the EU Plant Health Regulation, in an implementing or delegated act adopted by the European Commission under the EU Plant Health Regulation or the Official Controls Regulation or in any decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union which continues to apply for the purposes of the EU Plant Health Regulation on or after the commencement date which allows member States to authorise an activity which would otherwise be prohibited by or under the EU Plant Health Regulation.
(2) The Scottish Ministers may grant an authorisation to permit the carrying out of the activity in the manner specified in the relevant derogation.
(3) An application for any such authorisation must be made to the Scottish Ministers in the manner and form required by the Scottish Ministers.
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