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Welsh Statutory Instruments
SEEDS, WALES
Made
14 April 2013
Laid before the National Assembly for Wales
17 April 2013
Coming into force
10 May 2013
The Welsh Ministers make these Regulations in exercise of the powers in sections 16(1), (1A), (2), (3), (4), (5) and (5A) and 36 of the Plant Varieties and Seeds Act 1964(1), after consultation in accordance with section 16(1) of that Act with representatives of such interests as appear to be concerned, and in exercise of the powers in paragraph 1A of Schedule 2 to the European Communities Act 1972(2).
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972(3) and it appears to the Welsh Ministers that it is expedient for the reference in these Regulations to Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries(4) to be construed as a reference to that Decision as amended from time to time.
1964 c. 14. Section 16 has been amended by the European Communities Act 1972 (c. 68), section 4 and Schedule 4, paragraph 5; S.I. 1977/1112; and section 2 of the Agriculture Act 1986 (c. 49). See section 38(1) for the definition of “the Minister”. Under the Transfer of Functions (Wales) (No 1) Order 1978 (S.I. 1978/272) article 2(1) and Schedule 1, the functions of the Minister of Agriculture, Fisheries and Food under the Plant Varieties and Seeds Act 1964 were so far as they are exercisable in relation to Wales, transferred to the Secretary of State and under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1, the functions transferred to the Secretary of State by the 1978 Order were transferred to the National Assembly for Wales. By virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 those functions are now exercisable by the Welsh Ministers.
1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).
Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006, and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).
OJ No L 8, 14.1.2003, p. 10, as last amended by European Parliament and Council Decision No 1105/2012/EU (OJ No L 328, 28.11.12, pp. 4 — 6).
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