The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/159 |
| Year | 2021 |
2021 No. 159
EXITING THE EUROPEAN UNION
AGRICULTURE
HEALTH AND SAFETY
The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2021
Made 16thFebruary 2021
Coming into force 17thFebruary 2021
The Secretary of State makes these Regulations, in exercise of the powers conferred by section 8C(1) of the European Union (Withdrawal) Act 2018(1).
In accordance with paragraph 8F(1) of Schedule 7 to that Act(2), a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2021 and come into force on the day after the day on which they are made.
(2) Regulation 3 extends to Northern Ireland only.
Amendment of the Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019
2.—(1) The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019(3) are amended as follows.
(2) In regulation 5—
(a) for paragraph (3)(b)(iv) substitute—
“(iv) after point (x) insert—
“(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.
(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(4);
(ii) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(5).
(zl) “Relevant authority” means:
(i) in relation to Wales, the Welsh Ministers;
(ii) in relation to Scotland, the Scottish Ministers.”;”;
(b) in paragraph (3)(c), for the inserted text substitute—
“2. References in this Regulation to devolved competence are to be read in accordance with the following provisions:
(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...
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