Statutory Instruments

2016 No. 104

Plant Health, England

The Plant Health (England) (Amendment) Order 2016

Made

1st February 2016

Laid before Parliament

3rd February 2016

Coming into force

24th February 2016

The Secretary of State makes this Order in exercise of the powers conferred by sections 2 and 3(1) and (4) of the Plant Health Act 1967(1) and now vested in the Secretary of State(2).

(1)

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

(2)

The functions of the Minister of Agriculture, Fisheries and Food under the Plant Health Act 1967, in so far as they were not exercisable in relation to Wales, 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).