This Statutory Instrument, in part, corrects errors in the Plant Health (Fees) (Forestry) (England and Scotland) Regulations 2015 (S.I. 2015/350) and the Plant Health etc. (Fees) (England) Regulations 2018 (S.I. 2018/289). It is being issued free of charge to all known recipients of those Statutory Instruments.
Statutory Instruments
Plant Health
Made
24th April 2024
Coming into force
30th April 2024
The Secretary of State makes the following Regulations in exercise of the powers conferred by Articles 54(3) and 144(6) of, and paragraph 3(2) of Annex 6 to, Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (“the Official Controls Regulation”)(1) and sections 14(1) and 22 of, and paragraph 7 of Schedule 4 and paragraphs 21 and 38 of Schedule 7 to, the European Union (Withdrawal) Act 2018(2) (“the 2018 Act”).
In accordance with Article 3(2B)(b) of the Official Controls Regulation(3), the Scottish Ministers and the Welsh Ministers, in relation to the application of Part 3 of these Regulations to Scotland and Wales, have consented to the Secretary of State making these Regulations.
In accordance with Article 144(7) of the Official Controls Regulation, the Secretary of State has consulted such bodies or persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by Part 3 of these Regulations and such other bodies or persons as the Secretary of State considers appropriate.
In accordance with paragraph 10 of Schedule 4 to the 2018 Act, the Treasury consent to the making of these Regulations.
In accordance with paragraph 12(1) of Schedule 7 to the 2018 Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
EUR 2017/625; relevant amending instrument is 2020/1481.
2018 c. 16. The Secretary of State is an “appropriate authority”. Paragraph 7 of Schedule 4 was amended by paragraph 8(12) of Schedule 2 to the Retained EU Law (Revocation and Reform) Act 2023 (c. 28). The meaning of “appropriate authority” in paragraph 8 of Schedule 4 was amended by paragraph 47(5) of Schedule 5 to, the European Union (Withdrawal) Agreement) Act 2020 (c. 1). Paragraph 21 of Schedule 7 was amended by paragraph 53 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 and paragraph 8(14)(b) of Schedule 2 to the Retained EU Law (Revocation and Reform) Act 2023. Paragraph 38 of Schedule 7 is cited because it allows the combination of instruments subject to different Parliamentary procedures.
Article 3(2B) was inserted by S.I 2020/1481.