The Environment and Rural Affairs (Miscellaneous Revocations) Order 2018

Statutory Instruments

2018 No. 739

Agriculture, England And Wales

Agricultural Employment, England

Agricultural Wages

Animals, England And Wales

Animal Health

Environmental Protection, England And Wales

Land Drainage

The Environment and Rural Affairs (Miscellaneous Revocations) Order 2018

Made

19th June 2018

Laid before Parliament

20th June 2018

Laid before the National Assembly for Wales

20th June 2018

Coming into force

11th July 2018

The Secretary of State in relation to England and the Welsh Ministers in relation to Wales make this Order in exercise of the powers conferred by sections 1 and 10 of the Animal Health Act 1981(1), paragraph 6 of Schedule 1 to the Agriculture Act 1986(2), and section 61E(1) of the Land Drainage Act 1991(3), and now vested in them(4).

The Secretary of State also makes this Order in relation to England in exercise of the powers conferred by sections 254(1)(a) and 2(a), (c) and (h) and 266(2) of the Local Government Act 1972(5).

The Secretary of State and the Welsh Ministers make this Order after consulting in accordance with section 61E(4) of the Land Drainage Act 1991.

Citation, commencement and application

1.—(1) This Order may be cited as the Environment and Rural Affairs (Miscellaneous Revocations) Order 2018 and comes into force on 11th July 2018.

(2) Article 3 applies to England only.

Revocation of orders relating to milk quotas

2.  The following orders are revoked—

(a) the Milk Quota (Calculation of Standard Quota) Order 1986(6);

(b) the Milk Quota (Calculation of Standard Quota) (Amendment) Order 1987(7);

(c) the Milk Quota (Calculation of Standard Quota) (Amendment) Order 1988(8);

(d) the Milk Quota (Calculation of Standard Quota) (Amendment) Order 1990(9);

(e) the Milk Quota (Calculation of Standard Quota) (Amendment) Order 1991(10);

(f) the Milk Quota (Calculation of Standard Quota) (Amendment) Order 1992(11).

Revocation of the Agricultural Wages Committees (Transitional Provisions) Order 1974

3.  The Agricultural Wages Committees (Transitional Provisions) Order 1974(12) is revoked.

Revocation of the Importation of Hay and Straw Order 1979

4.  The Importation of Hay and Straw Order 1979(13) is revoked.

Revocation of the Code of Practice on Environmental Procedures for Flood Defence Operating Authorities (Internal Drainage Boards and Local Authorities) Approval Order 1996

5.  The Code of Practice on Environmental Procedures for Flood Defence Operating Authorities (Internal Drainage Boards and Local Authorities) Approval Order 1996(14) is revoked.

George Eustice

Minister of State

Department for Environment, Food and Rural Affairs

19th June 2018

Lesley Griffiths

Cabinet Secretary for Energy, Planning and Rural Affairs one of the Welsh Ministers

19th June 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes six instruments relating to milk quotas, one instrument relating to Agricultural Wages Committees and one instrument relating to the importation of hay and straw. All of them are spent or otherwise superseded. The Order also revokes one instrument relating to flood defence procedures, which is no longer required.

All of the orders are revoked in relation to England and Wales, except the Agricultural Wages Committees (Transitional Provision) Order 1974 (S.I. 1974/514) which is revoked only in relation to England.

An impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sectors is foreseen.

An Explanatory Memorandum is available, in relation to England, alongside the instrument at www.legislation.gov.uk, and in relation to Wales, from the Economy, Skills and Natural Resources Department of the Welsh Government.

(1)

1981 c. 22. Section 10 was amended by S.I. 1990/2371 and 1993/1813. See the definition of “the Ministers” in section 86(1).

(2)

1986 c. 49. Paragraph 6 of Schedule 1 was amended by S.I. 2007/477. See the definition of “the Minister” in paragraph 18 of Schedule 1, as amended by S.I. 2002/794.

(3)

1991 c. 59. Section 61E was inserted by the Land Drainage Act 1994 (c. 25), section 1. See the definition of “the Ministers” in section 72(1).

(4)

The functions under sections 1 and 10 of the Animal Health Act 1981 (“the 1981 Act”) were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to the Minister of Agriculture, Fisheries and Food by S.I. 1999/3141. Those functions, and the functions under section 61E(1) of the Land Drainage Act 1991 (“the 1991 Act”) so far as exercisable by the Minister of Agriculture, Fisheries and Food jointly with the Secretary of State were transferred to the Secretary of State by S.I. 2002/794. The functions under section 1 and 10 of the 1981 Act so far as exercisable in relation to Wales and exercisable by the Secretary of State for Wales, and the functions under paragraph 6 of Schedule 1 to the Agriculture Act 1986 and section 61E of the 1991 Act so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672. The functions of the Secretary of State under sections 1 and 10 of the 1981 Act, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 2004/3044. All of the above functions transferred to the National Assembly for Wales were further transferred to the Welsh Ministers by virtue of the Government of Wales Act 2006 (c. 32), Schedule 11, paragraphs 30 and 32.

(5)

1972 c. 70.

(6)

S.I. 1986/1530, amended by S.I. 1987/626, 1988/653, 1990/48, 1991/1994 and 1992/1225.

(7)

S.I. 1987/626.

(8)

S.I. 1988/653.

(9)

S.I. 1990/48.

(10)

S.I. 1991/1994.

(11)

S.I. 1992/1225.

(12)

S.I. 1974/514, amended by S.I. 2004/2178.

(13)

S.I. 1979/1703, amended by S.I. 1990/2371. This Order was made under sections 1, 24 and 85(1) of the Diseases of Animals Act 1950 (c.36) and, by virtue of section 17(2)(b) of the Interpretation Act 1978 (c.30), has effect as if made under sections 1 and 10 of the Animal Health Act 1981.

(14)

S.I. 1996/3062.