PART 1Introductory

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Windsor Framework (Enforcement etc.) Regulations 2023.

(2) These Regulations come into force on 1st October 2023.

(3) Part 1 extends to England and Wales, Scotland and Northern Ireland.

(4) An amendment made by Part 2 has the same extent as the provision amended.

(5) Part 3 and the Schedule extend to Northern Ireland.

Interpretation

2.—(1) In these Regulations, “the SPS Regulation” means the Regulation of the European Parliament and of the Council on specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes, as well as non-commercial movements of certain pet animals into Northern Ireland(4).

(2) Reference to the legislation listed in the Schedule is a reference to that legislation as amended from time to time.

PART 2Plants

The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019

3.—(1) The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019(5) are amended as follows.

(2) In regulation 2 (Interpretation: general), after the definition of “ISPM 15” insert—

““Northern Ireland plant health label” has the meaning given in regulation 2 of the Windsor Framework (Plant Health) Regulations 2023(6);”.

(3) In regulation 28 (Powers of entry), in paragraph (1)—

(a)in sub-paragraph (a)—

(i)omit “or” at the end of paragraph (iii);

(ii)insert “or” at the end of paragraph (iv);

(iii)after paragraph (iv) insert—

“(v)an authorised operator, professional operator or registered operator is complying with the Windsor Framework (Plant Health) Regulations 2023;”;

(b)in sub-paragraph (b), after “Plant Health Regulation”, insert “, the Windsor Framework (Plant Health) Regulations 2023”;

(c)in sub-paragraph (c), after “Plant Health Regulation”, insert “, the Windsor Framework (Plant Health) Regulations 2023”.

(4) In regulation 30 (Information notices), in paragraph (3), after “plant passport,”, insert “Northern Ireland plant health label,”.

(5) In regulation 35 (Disclosure of information to other competent authorities), in paragraph (1)—

(a)in sub-paragraph (a), after “Plant Health Regulation,”, insert “the Windsor Framework (Plant Health) Regulations 2023,”;

(b)in sub-paragraph (b), after “Plant Health Regulation”, insert “, the Windsor Framework (Plant Health) Regulations 2023”.

(6) In regulation 38 (General), in paragraph (1), after sub-paragraph (f) insert—

“(fa)a provision of the Windsor Framework (Plant Health) Regulations 2023 specified in Schedule 3A;”.

(7) In regulation 41 (Provision of false or misleading information), after “plant passport” insert “, a Northern Ireland plant health label”.

(8) In regulation 42 (Improper use of plant passports or certificates)—

(a)in the heading, after “plant passports” insert “, Northern Ireland plant health labels”;

(b)in paragraph (1), after each place “plant passport” occurs, insert “, a Northern Ireland plant health label”.

(9) After Schedule 3 insert—

Regulation 38

“SCHEDULE 3AOffences: relevant offences in the Windsor Framework (Plant Health) Regulations 2023

The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

4.—(1) The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019(7) are amended as follows.

(2) In regulation 2 (Interpretation: general), after the definition of “ISPM 15” insert—

““Northern Ireland plant health label” has the meaning given in regulation 2 of the Windsor Framework (Plant Health) Regulations 2023;”.

(3) In regulation 6, (Disclosure of information), in paragraph (1), after “Plant Health Regulation”, insert “, the Windsor Framework (Plant Health) Regulations 2023”.

(4) In regulation 29 (Powers of entry), in paragraph (1)—

(a)in sub-paragraph (a)—

(i)omit “or” at the end of paragraph (iii);

(ii)insert “or” at the end of paragraph (iv);

(iii)after paragraph (iv) insert—

“(v)an authorised operator, professional operator or registered operator is complying with the Windsor Framework (Plant Health) Regulations 2023,”;

(b)in sub-paragraph (b), after “Plant Health Regulation”, insert “, the Windsor Framework (Plant Health) Regulations 2023”;

(c)in sub-paragraph (c), after “Plant Health Regulation”, insert “, the Windsor Framework (Plant Health) Regulations 2023”.

(5) In regulation 31 (Information notices), in paragraph (3), after “plant passport,”, insert “Northern Ireland plant health label,”.

(6) In regulation 37 (General), in paragraph (1), after sub-paragraph (g) insert—

“(ga)a provision of the Windsor Framework (Plant Health) Regulations 2023 specified in Schedule 3A”.

(7) In regulation 40 (Provision of false or misleading information), in paragraph (1) after “plant passport” insert “, a Northern Ireland plant health label”.

(8) In regulation 41 (Improper use of plant passports or certificates)—

(a)in the heading, after “plant passports” insert “, Northern Ireland plant health labels”;

(b)in paragraph (1), after each place “plant passport” occurs, insert “, a Northern Ireland plant health label”.

(9) After Schedule 3 insert—

Regulation 37

“SCHEDULE 3AOffences: relevant offences in the Windsor Framework (Plant Health) Regulations 2023

The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020 (English language text)

5.—(1) The English language text of the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020(8) is amended as follows.

(2) In regulation 2 (Interpretation: general), after the definition of “ISPM 15” insert—

““Northern Ireland plant health label” has the meaning given in regulation 2 of the Windsor Framework (Plant Health) Regulations 2023”.

(3) In regulation 28 (Powers of entry), in paragraph (1)—

(a)in sub-paragraph (a)—

(i)omit “or” at the end of paragraph (iii);

(ii)insert “or” at the end of paragraph (iv);

(iii)after paragraph (iv) insert—

“(v)an authorised operator, professional operator or registered operator is complying with the Windsor Framework (Plant Health) Regulations 2023”;

(b)in sub-paragraph (b), after “Plant Health Regulation”, insert “, the Windsor Framework (Plant Health) Regulations 2023”;

(c)in sub-paragraph (c), after “Plant Health Regulation”, insert “, the Windsor Framework (Plant Health) Regulations 2023”.

(4) In regulation 30 (Information notices), in paragraph (3), after “plant passport,”, insert “Northern Ireland plant health label,”.

(5) In regulation 35 (Disclosure of information to other competent authorities), in paragraph (1), after “Plant Health Regulation”, insert “, the Windsor Framework (Plant Health) Regulations 2023”.

(6) In regulation 38 (General), in paragraph (1), after sub-paragraph (f) insert—

“(fa)a provision of the Windsor Framework (Plant Health) Regulations 2023 specified in Schedule 3A”.

(7) In regulation 41 (Provision of false or misleading information), after “plant passport” insert “, a Northern Ireland plant health label”.

(8) In regulation 42 (Improper use of plant passports or certificates)—

(a)in the heading, after “plant passports” insert “, Northern Ireland plant health labels”;

(b)in paragraph (1), after each place “plant passport” occurs, insert “, a Northern Ireland plant health label”.

(9) After Schedule 3 insert—

Regulation 38

“SCHEDULE 3AOffences: relevant offences in the Windsor Framework (Plant Health) Regulations 2023

The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020 (Welsh language text)

6.—(1) The Welsh language text of the Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020 (Rheoliadau Rheolaethau Swyddogol (Iechyd Planhigion ac Organeddau a Addaswyd yn Enetig) (Cymru) 2020(9) is amended as follows.

(2) In regulation 2 (Dehongli: cyffredinol) (Interpretation: general), after the definition of “Gorchymyn 2018” (“the 2018 Order”) insert—

“mae i “label iechyd planhigion Gogledd Iwerddon” yr ystyr a roddir i “Northern Ireland plant health label” yn rheoliad 2 o Reoliadau Fframwaith Windsor (Iechyd Planhigion) 2023”.

(3) In regulation 28 (Pwerau mynediad) (Powers of entry), in paragraph (1)—

(a)in sub-paragraph (a)—

(i)omit “neu” at the end of paragraph (iii);

(ii)insert “neu” at the end of paragraph (iv);

(iii)after paragraph (iv) insert—

“(v)bod gweithredwr awdurdodedig, gweithredwr proffesiynol neu weithredwr cofrestredig yn cydymffurfio â Rheoliadau Fframwaith Windsor (Iechyd Planhigion) 2023”;

(b)in sub-paragraph (b), after “y Rheoliad Iechyd Planhigion”, insert “, Rheoliadau Fframwaith Windsor (Iechyd Planhigion) 2023”;

(c)in sub-paragraph (c), after “y Rheoliad Iechyd Planhigion”, insert “, Rheoliadau Fframwaith Windsor (Iechyd Planhigion) 2023”.

(4) In regulation 30 (Hysbysiadau gwybodaeth) (Information notices), in paragraph (3), after “pasbort planhigion,”, insert “label iechyd planhigion Gogledd Iwerddon,”.

(5) In regulation 35 (Datgelu gwybodaeth i awdurdodau cymwys eraill) (Disclosure of information to other competent authorities), in paragraph (1), after “y Rheoliad Iechyd Planhigion”, insert “, Rheoliadau Fframwaith Windsor (Iechyd Planhigion) 2023”.

(6) In regulation 38 (Cyffredinol) (General), in paragraph (1), after sub-paragraph (f) insert—

“(fa)darpariaeth yn Rheoliadau Fframwaith Windsor (Iechyd Planhigion) 2023 a bennir yn Atodlen 3A”.

(7) In regulation 41 (Darparu gwybodaeth ffug neu gamarweiniol) (Provision of false or misleading information), after “pasbort planhigion” insert “, label iechyd planhigion Gogledd Iwerddon”.

(8) In regulation 42 (Defnyddio pasbortau planhigion neu dystysgrifau yn amhriodol) (Improper use of plant passports or certificates)—

(a)in the heading, after “pasbortau planhigion” insert “, labeli iechyd planhigion Gogledd Iwerddon”;

(b)in paragraph (1), after each place “pasbort planhigion” occurs, insert “, label iechyd planhigion Gogledd Iwerddon”.

(9) After Schedule 3 insert—

Rheoliad 38

“ATODLEN 3ATroseddau: troseddau perthnasol yn Rheoliadau Fframwaith Windsor (Iechyd Planhigion) 2023

The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020

7.—(1) The Plant Health (Official Controls and Miscellaneous Provisions) Regulations (Northern Ireland) 2020(10) are amended as follows.

(2) In regulation 44 (Improper use of plant passports or certificates)—

(a)in the heading, after “plant passports”, insert “, Northern Ireland plant health labels”;

(b)in paragraph (1)—

(i)in sub-paragraph (a), after “plant passport”, insert “, Northern Ireland plant health label”;

(ii)in sub-paragraph (b), after “plant passport”, insert “, Northern Ireland plant health label”;

(iii)in sub-paragraph (c), after “plant passport”, insert “, Northern Ireland plant health label”;

(c)after paragraph (2), insert—

“(3) In paragraph (1) “Northern Ireland plant health label” has the meaning given in regulation 2 of the Windsor Framework (Plant Health) Regulations 2023.”.

PART 3Enforcement of public health, marketing and organic product standards in Northern Ireland

Interpretation

8.—(1) In this Part—

“the Standards Regulations” means the Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023(11);

“consignment” and “retail goods” have the meaning given in the Standards Regulations;

the “Retail Movement Scheme” means the scheme established by the Windsor Framework (Retail Movement Scheme) Regulations 2023(12).

(2) In this Part—

(a)a “listed instrument” means an EU instrument listed in Column 1 of the table in Schedule 1, Schedule 2 or Schedule 3 to the Standards Regulations;

(b)a “corresponding GB instrument”, in relation to a listed instrument, means an instrument or part of an instrument listed in column 2 of the entry in that table for the listed instrument, with—

(i)any modifications specified in column 3 of that entry; and

(ii)any further necessary modifications which apply to the corresponding GB instrument by virtue of regulation 4, 5 or 6 of the Standards Regulations;

(c)a “relevant Northern Ireland enforcement instrument” means an instrument listed in the Schedule to these Regulations.

Enforcement of public health, marketing and organic product standards in Northern Ireland

9.—(1) Paragraph (2) applies in relation to a consignment of retail goods entering into Northern Ireland from another part of the United Kingdom in accordance with the Retail Movement Scheme where—

(a)the Standards Regulations apply in relation to the consignment;

(b)a listed instrument would, but for Article 1(2) and Annex I to the SPS Regulation, apply in relation to the consignment; and

(c)if that listed instrument applied, a provision of a relevant Northern Ireland enforcement instrument would apply in relation to the enforcement of a standard, requirement or prohibition in the listed instrument.

(2) Where this paragraph applies, the relevant Northern Ireland enforcement instrument applies in relation to the enforcement of any standard, requirement or prohibition in a corresponding GB instrument which, by virtue of the Standards Regulations, is treated as applying in relation to the consignment.

(3) Where a relevant Northern Ireland enforcement instrument applies by virtue of paragraph (2), it applies with any necessary modifications.

Regulation 8

SCHEDULERelevant Northern Ireland Enforcement Legislation

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement the Windsor Framework(59) in respect of enforcement.

Part 2 implements enforcement provisions in respect of the movement of plants under the Windsor Framework.

Part 3 applies Northern Ireland enforcement provisions in respect of public health, marketing and organic products standards. These provisions are relevant where standards applicable in Great Britain are applied to consignments of retail agri-food goods moving under the Retail Movement Scheme to the extent that EU public health, marketing and organic products standards listed in Annex 1 to the SPS Regulation are disapplied by virtue of Article 1(2) and Chapter 2 of that Regulation. The SPS Regulation allows retail agri-food goods, plants, seed potatoes and other items to move from Great Britain to Northern Ireland without undergoing checks in relation to EU standards which would otherwise apply.

A full impact assessment has not been published for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.