The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019

Document Number:2019 No. 169
 
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Scottish Statutory Instruments

Exiting The European Union

Horticulture

Made

15 th May 2019

Laid before the Scottish Parliament

17 th May 2019

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) , paragraph 1(1) and (3) of schedule 2 , and paragraph 21(b) of schedule 7 , of the European Union (Withdrawal) Act 2018(2) and all other powers enabling them to do so.

PART 1 INTRODUCTION

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 and come into force—

(a) as regards this Part and Part 2 , on 1 July 2019 ,

(b) as regards Part 3 , on exit day.

(2) These Regulations extend to Scotland only.

PART 2 AMENDMENT OF REFERENCES IN SECONDARY LEGISLATION

Amendment of the Marketing of Bananas (Scotland) Regulations 2012

2. In regulation 2(1) (interpretation) of the Marketing of Bananas (Scotland) Regulations 2012(3) , in the definition of “Council Regulation 2013”, for “the Regulation of the European Parliament and of the Council adopted on 16 December 2013” substitute “Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013”.

PART 3 AMENDMENT OF SECONDARY LEGISLATION RELATING TO WITHDRAWAL FROM THE EUROPEAN UNION

Amendment of the Marketing of Horticultural Produce (Scotland) Regulations 2009

3.—(1) The Marketing of Horticultural Produce (Scotland) Regulations 2009(4) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “EU marketing rules”,

(b) in the definition of “horticultural produce” omit “EU”,

(c) after the definition of “label” insert—

““marketing rules” means the general marketing standard and the specific marketing standards covering fresh fruit and vegetables listed in Part IX of Annex I to Council Regulation 2013 and includes the rules relating to those standards contained in Articles 74 , 75 and 76 of that Council Regulation and in Title II of Commission Implementing Regulation 543/2011;”,

(d) in the definition of “non compliance label” omit “EU”.

(3) In regulation 3(2) (designations and information disclosure)—

(a) omit “EU”,

(b) for “Secretary of State,” substitute “Secretary of State or”,

(c) omit “or the European Commission”.

(4) In regulation 5(1)(h) (authorised officer: other powers) omit “EU”.

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