8.—(1) In this Part, “the appropriate authority” means—
(a)in the case of regulations applying in relation to England, the Secretary of State;
(b)in the case of regulations applying in relation to Wales, the Welsh Ministers;
(c)in the case of regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.
(2) But “the appropriate authority” is the Secretary of State if consent is given—
(a)in the case of regulations applying in relation to Wales, by the Welsh Ministers;
(b)in the case of regulations applying in relation to Northern Ireland, by the Department of Agriculture, Environment and Rural Affairs.
9.—(1) In this Part—
“the other responsible authorities” means—
as regards Wales, the Welsh Ministers;
as regards Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;
“risk to plant health” means risk to plant health in the United Kingdom;
“the Plant Health Regulations” means the Plant Health (EU Exit) Regulations 2019(1).
(2) Other terms used in this Part have the same meaning in this Part as they have in the Plant Health Regulations.
10.—(1) The appropriate authority may by regulations modify Schedules 1 to 7 to the Plant Health Regulations where the modification is—
(a)necessary or appropriate in the light of developments in scientific or technical knowledge; or
(b)technically justified and consistent with the risk to plant health.
(2) Regulations under paragraph (1) may, among other things, add, vary or omit an entry in Schedules 1 to 7 to the Plant Health Regulations.
11.—(1) The appropriate authority may by regulations modify Schedule 8 to the Plant Health Regulations.
(2) Regulations under paragraph (1) may, among other things, specify further exemptions and derogations from an import prohibition, an import restriction or a documentary requirement that applies to relevant material originating in a third country.
(3) But regulations may only be made under paragraph (1) where—
(a)an assessment has been carried out that has taken account of available scientific and technical information and any information obtained from investigations carried out by or on behalf of the national plant protection organisation of the United Kingdom in the third country concerned or from the national plant protection organisation of the third country;
(b)the assessment has confirmed that—
(i)in the case of any derogation from an import prohibition, an import restriction or a documentary requirement which is based on the use of a particular treatment or on conditions as to the use of the relevant material, the treatment or those conditions would be sufficient to eliminate any risk to plant health arising from imports of the relevant material; and
(ii)the exemptions or derogations otherwise provide appropriate safeguards to address the risk to plant health arising from imports of the relevant material; and
(c)the assessment has been approved by the Secretary of State and the other responsible authorities.
(4) In this regulation—
“documentary requirement” means a requirement under a relevant Plant Health Order for relevant material to be accompanied by a phytosanitary certificate or phytosanitary certificate for re-export on its entry into the United Kingdom;
“import restriction” means a prohibition under a relevant Plant Health Order which applies to any relevant material specified in column 2 of Part A, C or D of Schedule 4 to the Plant Health Regulations unless the requirements specified in respect of that material in column 3 are met;
“import prohibition” means a prohibition under a relevant Plant Health Order that applies to relevant material specified in Schedule 3 to the Plant Health Regulations.
12.—(1) The appropriate authority may by regulations modify the Plant Health Regulations to make provision for or in connection with the recognition of any phytosanitary measure adopted by a third country where the third country has objectively demonstrated to the national plant protection organisation of the United Kingdom that the measure is equivalent to a domestic phytosanitary measure.
(2) Regulations under paragraph (1) may (among other things)—
(a)modify the domestic phytosanitary measure concerned to recognise the equivalence of the phytosanitary measure of the third country; and
(b)specify the relevant material to which, and the conditions under which, the recognition of equivalence applies.
(3) In this regulation, “domestic phytosanitary measure” means a phytosanitary measure specified in the Plant Health Regulations that applies in relation to a plant pest or relevant material under or by virtue of a relevant Plant Health Order.
13.—(1) The appropriate authority may by regulations modify the Plant Health Regulations to make temporary provision for the purposes of preventing the introduction of a plant pest into the relevant territory or the spread of a plant pest within the relevant territory where the conditions in paragraph (2) are met.
(2) The conditions are that—
(a)there is an imminent danger that the plant pest may be introduced into or spread within the relevant territory unless provision is promptly made to prevent the introduction or spread of the plant pest or that any existing measures to prevent its introduction or spread are insufficient;
(b)protective measures or further protective measures are necessary to prevent the introduction into or the spread of the plant pest within the territory; and
(c)the measures are consistent with an assessment, appropriate to the circumstances, of the risk to plant health arising from the introduction or spread of the plant pest which has been approved by the Secretary of State and the other responsible authorities.
(3) Regulations under paragraph (1) may, among other things, add, vary or omit an entry in Schedules 1 to 7 to the Plant Health Regulations that relates to emergency measures.
(4) In this regulation, “the relevant territory” means—
(a)where the appropriate authority is the Secretary of State, England, Wales or Northern Ireland (as the case may be);
(b)where the appropriate authority is the Welsh Ministers, Wales;
(c)where the appropriate authority is the Department of Agriculture, Environment and Rural Affairs, Northern Ireland.