Chamber and committees

The Pesticides Revocation Regulations 2021

Letter from the Minister for Green Skills, Circular Economy and Biodiversity to the Convener, 1 December 2021

Dear Dean,

I am writing to inform you of a forthcoming UK Statutory Instrument: the Pesticides (Revocation) Regulations 2022. The UK Government is proposing to make these Regulations, under powers conferred by section 2(2) of the European Communities Act 1972, on a UK-wide basis. To this degree it extends and applies to Scotland relying on section 57(1) of the Scotland Act 1998.

The Regulations are being introduced to make a number of amendments to repeal redundant direct EU legislation which forms the plant protection product and maximum residue level regulatory regimes, so that they can continue to operate effectively following the end of the implementation period The changes made by this instrument will remove redundant provisions (specifically repealing EU implementing regulations which had previously given effect to active substance and MRL decisions, which are now given effect through statutory registers) so that plant protection products, and MRLs for pesticides in food and feed, continue to be effectively managed.

The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019, the Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 and the Pesticides (Amendment) (EU Exit) Regulations 2019 have already been considered by the Scottish Government and as noted in the notification for those SIs they reflect the position of the Scottish Ministers as able to exercise functions under retained EU law in relation to Scotland.

As you will be aware, under section 57(1) of the Scotland Act, UK Ministers may use their power to implement EU obligations in respect of Scotland, even if the subject matter is devolved. However the Memorandum of Understanding between our administrations sets out the mechanisms for handling EU business, including that it is for the devolved administrations to consider in consultation with the relevant Whitehall Department how the obligation should be implemented. My officials are engaged with counterparts in Defra to ensure that the relevant provisions in the regulations which relate to devolved areas are acceptable for Scottish interests.

As such I have written to Victoria Prentis, Minister of State, Department for Environment, Food and Rural Affairs, informing her that the Scottish Government is content in this case for the Secretary of State to exercise devolved functions using section 57(1) of the Scotland Act 1998.

Kind regards

Lorna Slater