Pesticides Act 1998

1Regulation of pesticides

(1)Section 16 of the [1985 c. 48.] Food and Environment Protection Act 1985 is amended as set out in subsections (2) to (4).

(2)In subsection (2)(g) (power by regulations to provide for seizure by Minister of pesticides in case of breach of prohibition or condition)—

(a)after “the Ministers”, insert “and any local authority”; and

(b)after “the Minister”, insert “or local authority”.

(3)In subsection (2), for paragraph (j) (provision of information to public) substitute—

“(j)provide for information to be made available to the public, subject to—

(i)any condition that the Ministers consider appropriate; and

(ii)payment of such amount as the Ministers may, with the consent of the Treasury, determine as representing the cost reasonably attributable to the supply of the information;”.

(4)After subsection (2), insert—

“(2A)In subsection (2)—

(a)in paragraph (g), “local authority” has the same meaning as in section 19; and

(b)in paragraph (j), “information” means any information which has been supplied to a government department or other authority at any time for the purposes of, or otherwise in connection with—

(i)any provision made by or under this section;

(ii)the United Kingdom Pesticides Safety Precautions Scheme; or

(iii)the Agricultural Chemicals Approval Scheme.”

(5)In section 25 (application to Northern Ireland), after subsection (2) insert—

“(2A)In the application of section 16 as respects transferred matters in Northern Ireland, for subsection (6) of section 16 substitute—

“(6)Regulations—

(a)if contained in a statutory rule which includes any regulations made under section 2(2) of the [1972 c. 68.] European Communities Act 1972, shall be subject to negative resolution within the meaning of section 41(6) of the [1954 c. 33 (N.I.).] Interpretation Act Northern Ireland) 1954;

(b)in any other case, shall not be made unless a draft of them has been laid before and approved by resolution of the Northern Ireland Assembly.”.”