PART 4 U.K.Matters relating to farming and the countryside

33FertilisersU.K.

(1)Part 4 of the Agriculture Act 1970 (fertilisers etc) is amended as follows.

(2)In section 66 (interpretation), in subsection (1), for the definition of “fertiliser” substitute—

““fertiliser” means any material which, for the purpose of the cultivation of plants or fungi, is intended to supply plants or fungi or their seeds or spores with nutrients or to improve nutritional efficiency;”.

(3)In section 74A (power to regulate fertilisers etc), in subsection (1), for “or content”, in both places, substitute “ , content or function ”.

(4)In that section, after subsection (1) insert—

“(1A)Regulations made under subsection (1) above with respect to fertilisers may, for the purposes of assessing, monitoring or enforcing compliance with such regulations or otherwise mitigating risks to human, animal or plant health or the environment presented by fertilisers, include provision—

(a)for the carrying out of procedures to assess the composition, content or function of any material (“assessment procedures”);

(b)conferring on a public authority functions relating to market surveillance and regulation;

(c)requiring the keeping or provision of information.

(1B)Provision for assessment procedures which is made under subsection (1A)(a) above may include provision—

(a)as to how and when assessment procedures are to be carried out;

(b)as to the persons by whom assessment procedures are to be carried out or verified and the functions of such persons;

(c)conferring on a public authority functions relating to the appointment and registration of persons referred to in paragraph (b) and authorising delegation of those functions;

(d)for appeals against decisions taken in relation to assessment procedures or appointments and registration;

(e)for the charging of fees in respect of assessment procedures (such fees not to exceed the reasonable costs of carrying out the procedures);

(f)conferring on a public authority functions relating to the registration of fertilisers which, on the basis of assessment procedures carried out on them, meet the requirements of the regulations.

(1C)The functions which may be conferred on a public authority under subsection (1A)(b) above include—

(a)powers to require the carrying out of further assessment procedures;

(b)powers to prohibit or restrict the carrying out of an activity in relation to fertilisers;

(c)powers to require the taking of action in relation to fertilisers;

(d)powers to require the withdrawal from sale, or the recall from purchasers, of fertilisers;

(e)powers to impose monetary penalties in cases where the public authority considers that there has been a failure to comply with the regulations;

(f)powers of entry and inspection, including powers of taking samples and of seizing or destroying any material.

(1D)Regulations under subsection (1A)(c) may not impose or confer a duty or power requiring or authorising the disclosure or use of information where the disclosure or use would (taking the duty or power into account) contravene the data protection legislation (which for these purposes has the same meaning as in the Data Protection Act 2018).

(1E)Regulations made under subsection (1) above may—

(a)make provision that is incidental, consequential or supplementary to provision made under subsections (1A) to (1C), including provision—

(i)amending or repealing EU Regulation 2003/2003 of 13 October 2003 relating to fertilisers, and

(ii)amending or repealing other retained direct EU legislation;

(b)provide for a person to exercise a discretion in relation to any matter.

(1F)In this section “public authority” means a person exercising functions of a public nature.”

(5)In section 84 (regulations)—

(a)in subsection (2)(b), at the end insert “ (unless any of subsections (2A) to (2C) applies) ”;

(b)after subsection (2) insert—

“(2A)The following regulations may not be made unless a draft of the instrument containing them has been laid before, and approved by a resolution of, each House of Parliament—

(a)the first regulations made by the Secretary of State under section 74A(1) after the coming into force of this subsection which contain provision under section 74A(1A) to (1E);

(b)any other regulations made by the Secretary of State under section 74A(1) which contain provision under section 74A(1A)(b) or (1E)(a)(i) or (ii).

(2B)The following regulations may not be made unless a draft of the instrument containing them has been laid before, and approved by a resolution of, Senedd Cymru—

(a)the first regulations made by the Welsh Ministers under section 74A(1) after the coming into force of this subsection which contain provision under section 74A(1A) to (1E);

(b)any other regulations made by the Welsh Ministers under section 74A(1) which contain provision under section 74A(1A)(b) or (1E)(a)(i) or (ii).

(2C)The following regulations made by the Scottish Ministers are subject to the affirmative procedure (as to which, see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010)—

(a)the first regulations made by the Scottish Ministers under section 74A(1) after the coming into force of this subsection which contain provision under section 74A(1A) to (1E);

(b)any other regulations made by the Scottish Ministers under section 74A(1) which contain provision under section 74A(1A)(b) or (1E)(a)(i) or (ii).

(2D)The following regulations may not be made unless a draft of them has been laid before, and approved by a resolution of, the Northern Ireland Assembly—

(a)the first regulations made by a Northern Ireland department under section 74A(1) after the coming into force of this subsection which contain provision under section 74A(1A) to (1E);

(b)any other regulations made by a Northern Ireland department under section 74A(1) which contain provision under section 74A(1A)(b) or (1E)(a)(i) or (ii).”

(6)In section 86 (modifications for Northern Ireland), in subsection (9), in the paragraph (b) treated as substituted for section 84(2)(b), after “1954” insert “ (unless subsection (2D) applies) ”.