The Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019

Power to make provision in relation to emergency measures

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.