The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) (Amendment) (No. 2) Regulations 2020

Made: 16 November 2020

Laid before Senedd Cymru: 18 November 2020

Coming into force: 15 December 2020

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.

Title and commencement

1

The title of these Regulations is the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) (Amendment) (No. 2) Regulations 2020 and they come into force on 15 December 2020.

Amendment of the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020

2

• (1) The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020[^f00003] are amended as follows.

• (2) For regulation 31(3) substitute—

(3) Paragraph (1) does not apply— (a) to any premises which are used wholly or mainly as a private dwelling unless 24 hours’ notice has been given to the occupier, or (b) in relation to any notice served under Schedule 4A.

• (3) In regulation 36(1), at the end insert “or Schedule 4A”.

• (4) In regulation 37—

• (a) in paragraph (3), after “plant health inspector” insert “or the appropriate authority”;

• (b) in paragraph (6), in the definition of “notice”, after “plant health inspector” insert “or the appropriate authority”.

• (5) In regulation 39—

• (a) the unnumbered paragraph becomes paragraph (1) of that regulation;

• (b) after paragraph (1) as renumbered, insert—

(2) Paragraph (1)(a) does not apply in relation to any notice served under Schedule 4A.

• (6) In regulation 46(1), after “this Part” insert “or paragraph 22 of Schedule 4A (failure to comply with a stop notice)”.

• (7) In regulation 47(1), after “this Part” insert “or paragraph 22 of Schedule 4A (failure to comply with a stop notice)”.

• (8) After regulation 48 insert—

(48A) Schedule 4A (which provides for civil sanctions) has effect.

• (9) After Schedule 4, insert the Schedule contained in the Schedule to these Regulations.

SCHEDULE — Insertion of new Schedule 4A

Signed

Lesley Griffiths — Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers — 16 November 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020 (S.I. 2020/206) (W. 48) (“the 2020 Regulations”), that give effect to—

• (a) Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants (OJ No. L 317, 23.11.2016, p. 4), and

• (b) Regulation (EU) 2017/625 of the European Parliament and of the Council 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, in so far as it applies to the rules referred to in Article 1(2)(g) (OJ No. L 95, 7.4.2017, p. 1).

These Regulations make provision for civil sanctions in respect of offences set out in Part 11 of the 2020 Regulations. The suite of sanctions available to the appropriate authority (the Welsh Ministers are the “appropriate authority” in Wales) consists of compliance, restoration and stop notices, fixed and variable monetary penalties, as well as the ability to accept third party undertakings and enforcement undertakings.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

Footnotes

[^f00001]: 1972 c. 68. The European Communities Act 1972 (“the 1972 Act”) was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) with effect from exit day. “Exit day” is defined in section 20 of the 2018 Act as 31 January 2020 at 11pm. Despite that repeal the 1972 Act continues to have effect with modifications until IP completion day, by virtue of section 1A of the 2018 Act. Section 1A was inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) (“the 2020 Act”). “IP completion day” is defined in section 1A as 31 December 2020 at 11pm (the meaning given in section 39 of the 2020 Act). Section 2(2) of the 1972 Act was previously amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^f00002]: S.I. 2010/2690; which is prospectively revoked by S.I. 2018/1011 from IP completion day.

[^f00003]: S.I. 2020/206 (W. 48).