The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/601 |
| Year | 2019 |
(1) These Regulations may be cited as the Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019.as regards this Part and Part 2, on the day after the day on which they are made;as regards the remainder, on exit day.(1) The Fertilisers Regulations 1991 (2) Omit regulations 1A and 2.(3) Before regulation 3 insert—“ As respects ” .(9) Omit regulation 11.(10) Schedule 1 is amended in accordance with paragraphs (11) to (13) .paragraph 6;paragraph 7(a) (i) and (b) .omit the column headed “EC fertiliser”;in the second column, for “Other than EEC fertilisers or EC fertiliser” substitute “ Fertiliser ” .“EC fertiliser”;“Other than EEC fertilisers or EC fertiliser”.(14) Schedule 2 is amended in accordance with paragraphs (15) and (16) .omit sub-paragraph (a) ;in sub-paragraph (i) omit the words from the beginning to “EC fertilisers,”;in sub-paragraph (k) , in the second sentence omit the words from “, sold” to “EC fertiliser,”.(16) In Part 2, in paragraph 2 omit the words from the beginning to “EC fertiliser,”.In Schedule 2 to the Ammonium Nitrate Materials (High Nitrogen Content) Safety Regulations 2003
(1) The EC Fertilisers (England and Wales) Regulations 2006 regulation 10;regulation 14;regulation 19.in paragraph (2) , for “it” substitute “ they ” ;in paragraph (3) , for “it” substitute “ them ” .(4) Omit regulation 16.(5) In regulation 17(c) , for “33” substitute “ 30 ” .(1) Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers is amended as follows.for “EC fertiliser”, in each place it occurs, substitute “ UK fertiliser ” ;for “EC fertilisers”, in each place it occurs, substitute “ UK fertilisers ” ;for “European standard” or “European Standard”, in each place it occurs, substitute “ recognised standard ” ;for “European Standards”, in each place it occurs, substitute “ recognised standards ” .the existing text becomes paragraph 1;in point (r) , for “Community legislation” substitute “ retained EU law ” ;for point (t) substitute—“ United Kingdom ” ;after point (x) insert—
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(t) ‘Recognised standard’ means either of the following standards:
(i) CEN (European Committee for Standardisation) ; (ii) BSI (the British Standards Institution) .
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(y) “Appropriate authority” means:
(i) in relation to a decision in respect of ammonium nitrate fertilisers of high nitrogen content where the decision is outside devolved competence, the Secretary of State; (ii) in relation to a decision in respect of other fertilisers: - in relation to England, the Secretary of State;
- in relation to Wales, the Welsh Ministers;
- in relation to Scotland, the Scottish Ministers.
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(z) “Enforcement authority” means:
(i) in England and Wales, an enforcement authority specified in regulation 11 of the EC Fertilisers (England and Wales) Regulations 2006; (ii) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. -
(zl) “Relevant authority” means:
(i) in relation to Wales, the Welsh Ministers; (ii) in relation to Scotland, the Scottish Ministers.
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(a) it is outside devolved competence to make any provision by subordinate legislation which would not be within the legislative competence of:
(i) in relation to Wales, Senedd Cymru if it were contained in an Act of Senedd Cymru (assuming, in the case of provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975, that such consent were given) ; (ii) in relation to Scotland, the Scottish Parliament if it were included in an Act of the Parliament (see section 29 of the Scotland Act 1998) ; -
(b) in the case of any function other than a function of making, confirming or approving subordinate legislation, it is outside devolved competence to exercise the function (or to exercise it in a particular way) if or to the extent that:
(i) in relation to Wales, a provision of an Act of Senedd Cymru conferring the function (or conferring it so as to be exercisable in that way) would not be within the legislative competence of Senedd Cymru if it were contained in an Act of Senedd Cymru (assuming, in the case of provision that could only be made with the consent of a Minister of the Crown within the meaning of the Ministers of the ...
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