The Official Controls (Plant Protection Products) Regulations 2020

UK Statutory Instrument 2020 No. 552 — creates 4 criminal offences.

Made

28 May 2020

In force from

22 June 2020

Extent

Not stated

Subject

Agriculture, plant health, food production and rural affairs

Made under

European Communities Act 1972, Finance Act 1973

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement and provide for the enforcement of Regulation (EU) 2017/625 (OJ No. L 95. 7.4.2017, p. 1) 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 (“the OC Regulation”) as regards plant protection products. Part 2 provides for a list of operators. Part 3 provides for assistance and co-operation under Title IV of the OC Regulation and recovery of expenses incurred. Part 4 provides for enforcement and penalties. Part 5 inserts a review provision in accordance with the Small Business, Enterprise and Employment Act 2015 (c.26), and a transitional provision until IP completion day. A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Offences created by this instrument

• A person is guilty of an offence if without reasonable excuse that person fails to provide the information required by… regulation 15(1) · Status not determined · Strict liability
• A person is guilty of an offence if without reasonable excuse that person fails to comply with an enforcement notice… regulation 15(2) · Status not determined · Mixed — some elements strict, some not
• A person is guilty of an offence if without reasonable excuse that person obstructs an authorised person in the… regulation 15(3) · Status not determined · Strict liability
• A person is guilty of an offence if, without reasonable excuse, that person supplies information to the competent… regulation 15(5) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Agriculture Bill Lords · Lords Chamber · 20 October 2020 · The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)

  My Lords, with the leave of the House, I will speak also to Motions C, C1, F and F1. At this juncture, I should declare my farming interests, as set out in the register. I start by once again acknowledging the work of your Lordships in the scrutiny of the Bill. These debates have provided a valuable opportunity to clarify the Government’s agenda of reform for agriculture in this country. Turning to Amendment 1, I agree wholeheartedly with the intent behind the amendment of the noble Baroness, Lady Jones of Whitchurch. The strategic priorities of multi-annual financial assistance plans drawn…

• Pesticides (Amendment) (EU Exit) Regulations 2020 Lords · Grand Committee · 3 November 2020 · Lord Greaves (LD) [V]

  My Lords, I am grateful to the Minister for setting out these extremely detailed and complicated regulations. I confess that, despite making an attempt, I do not pretend to understand them all. Still, it is clear that they refer to plant protection products, pesticides and fertilisers, and maximum residue levels of pesticides. They deal with the new situation in Northern Ireland, as did the previous regulations, to take account of the fact that Northern Ireland will still be in line with the EU. What will be the difference, if any, between the regulations in Northern Ireland and those in the…

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure

Made negative — law unless a motion to stop it succeeded

Could either House amend it?

No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Committee

Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

• Instrument created 28 May 2020
• Instrument made (signed into law) 28 May 2020
• Laid before the House of Commons 1 June 2020 · Commons
• Laid before the House of Lords 1 June 2020 · Lords
• Considered by the Secondary Legislation Scrutiny Committee (SLSC) 16 June 2020 · Lords
• No comment by the Secondary Legislation Scrutiny Committee (SLSC) 16 June 2020 · Lords
• Instrument comes into force as law 22 June 2020
• Considered by the Joint Committee on Statutory Instruments (JCSI) 1 July 2020 · Commons, Lords
• Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 1 July 2020 · Commons, Lords
• Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it fails to comply with proper legislative practice 1 July 2020 · Commons, Lords
• Objection period ends 11 July 2020
• Instrument remains law 11 July 2020
• Procedure concluded in the House of Commons and the House of Lords 11 July 2020 · Commons, Lords

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2020