The Plant Health (England) Order 2015

Statutory Instruments

2015 No. 610

Plant Health, England

The Plant Health (England) Order 2015

Made

4th March 2015

Laid before Parliament

10th March 2015

Coming into force

1st July 2015

The Secretary of State makes this Order in exercise of—

(a) the powers conferred by sections 2, 3 and 4(1) of the Plant Health Act 1967(1) and now vested in the Secretary of State(2); and

(b) the powers conferred by paragraph 1A of Schedule 2 to the European Communities Act 1972(3).

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972(4). It appears to the Secretary of State that it is expedient for the references to the European Union instruments referred to in article 2(5) to be construed as references to those instruments as amended from time to time.

(1)

1967 c.8. Sections 2(1), 3 and 4(1) were amended by the European Communities Act 1972 (c.68), Schedule 4, paragraph 8 and sections 2(1) and 3(1) were amended by S.I. 2011/1043, article 6(1). Section 2(2) was amended by the Customs and Excise Management Act 1979 (c.2), Schedule 4, paragraph 12. Section 2(3) was inserted by S.I. 1990/2371, Schedule 1, paragraph 1. Section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c.48) and amended by the Statute Law (Repeals) Act 1993 (c.50), Schedule 1, Part XIV. The powers conferred by sections 2 and 3 are conferred on a “competent authority”, which is defined in section 1(2), for England and Scotland as regards the protection of forest trees and timber from attack by pests, as the Forestry Commissioners and otherwise, for England, as the Secretary of State.

(2)

The functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967 were, so far as exercisable in relation to Wales, transferred to the Secretary of State by article 2 of, and Schedule 1 to, the Transfer of Functions (Wales) (No.1) Order 1978 (S.I. 1978/272). Those functions were transferred from the Secretary of State to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The functions of the National Assembly for Wales were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32). The remaining functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(3)

1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

(4)

Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).