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The Marketing of Ornamental Plant Propagating Material Regulations 1999
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- UK Statutory Instruments
- 1999 No. 1801
- Regulation 2
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InterpretationE+W
2.—(1) In these Regulations, unless the context otherwise requires–
F1...
[F2“Directive 93/49/EEC” means Commission Directive 93/49/EEC setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC;]
“Directive 98/56/EC" means Council Directive 98/56/EC on the marketing of propagating material of ornamental plants F3 [F4, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council];
[F5“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;]
F6...
“inspector" means any person authorised by the Minister to be an inspector for the purposes of these Regulations;
“lot" means a number of units of a single commodity, identifiable by its homogeneity of composition and origin;
“marketing" means holding available or in stock, display with a view to sale, offering for sale, sale or delivery by a supplier to another person;
“the Minister" means, as respects England, the Minister of Agriculture, Fisheries and Food and, as respects Scotland or Wales, the Secretary of State;
“propagating material" means plant material intended for–
(a)the propagation of ornamental plants; or
(b)the production of ornamental plants; however, in the case of production from complete plants, the material used shall only be considered to be propagating material if the resulting ornamental plant is intended for further marketing;
“propagation" means reproduction by vegetative or other means;
F7...
“supplier" means any person professionally engaged in the marketing or in the importation [F8into the United Kingdom] of propagating material; F9...
F7...
(2) Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words in reg. 2(1) omitted (E.) (1.6.2018) by virtue of The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 (S.I. 2018/575), regs. 1(2), 26(2)(a) and (W.) (17.12.2018) by virtue of The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 22(2)(a)
F2Words in reg. 2(1) inserted (E.) (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 3(2) and (W.) (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 3(2)
F3O.J. No. L226, 13.8.98, p. 16.
F4Words in reg. 2(1) inserted (E.) (1.6.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 (S.I. 2018/575), regs. 1(2), 26(2)(b) and (W.) (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 22(2)(b)
F5 Words in reg. 2(1) inserted (E.) (14.1.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 2(2)(a) and (W.) (27.3.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020 (S.I. 2020/206), reg. 1, Sch. 5 para. 2(2)(a)
F6Words in reg. 2(1) omitted (E.) (14.1.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019 (S.I. 2019/1517), reg. 1, Sch. 5 para. 2(2)(b) and (W.) (27.3.2020) by virtue of The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020 (S.I. 2020/206), reg. 1, Sch. 5 para. 2(2)(b)
F7Words in reg. 2(1) omitted (E.W.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 5(2)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in reg. 2(1) substituted (E.W.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 5(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F9Word in reg. 2(1) omitted (E.W.) (31.12.2020) by virtue of The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 5(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
InterpretationS
2.—(1) In these Regulations, unless the context otherwise requires–
F10...
F11...
F12...
[F13“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC;]
“inspector" means any person authorised by the Minister to be an inspector for the purposes of these Regulations;
“lot" means a number of units of a single commodity, identifiable by its homogeneity of composition and origin;
“marketing" means holding available or in stock, display with a view to sale, offering for sale, sale or delivery by a supplier to another person;
“the Minister" means, as respects England, the Minister of Agriculture, Fisheries and Food and, as respects Scotland or Wales, the Secretary of State;
[F14“the Plant Health Official Controls Regulations” means the Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019;]
“propagating material" means plant material intended for–
(a)the propagation of ornamental plants; or
(b)the production of ornamental plants; however, in the case of production from complete plants, the material used shall only be considered to be propagating material if the resulting ornamental plant is intended for further marketing;
“propagation" means reproduction by vegetative or other means;
[F15“responsible official body” means—
(a)in relation to propagating material produced in Scotland, the Scottish Ministers,
(b)in relation to propagating material produced in a country or territory outside Scotland, the body responsible for the quality of that material in that country or territory;]
F11...
“supplier" means any person professionally engaged in the marketing or in the importation [F16into the United Kingdom] of propagating material; F17...
F11...
(2) Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F10Words in reg. 2(1) omitted (S.) (17.11.2018) by virtue of The Marketing of Ornamental Plant Propagating Material Amendment (Scotland) Regulations 2018 (S.S.I. 2018/284), regs. 1, 3(2)(a)
F11Words in reg. 2(1) omitted (S.) (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 11(2)(a) (as amended by S.S.I. 2020/445, regs. 1(1)(b), 12(2)); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in reg. 2(1) omitted (S.) (14.12.2019) by virtue of The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 2(2)(a)
F13Words in reg. 2(1) inserted (S.) (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 2(2)(b)
F14Words in reg. 2(1) inserted (S.) (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 2(2)(c)
F15Words in reg. 2(1) inserted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 11(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in reg. 2(1) substituted (S.) (31.12.2020) by The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 11(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F17Word in reg. 2(1) omitted (S.) (31.12.2020) by virtue of The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/59), regs. 1(1)(b), 11(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
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