Proposed Negative Date published: 1 November 2018 Sift end date: 22 November 2018
This instrument amends legislation relating to fertilisers, addressing failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom (“UK”) from the European Union (“EU”). They also in part amend domestic legislation that is out of date.
Fertilisers are a devolved matter in Scotland and Wales and a transferred matter in Northern Ireland. However, decisions regarding ammonium nitrate are reserved in Great Britain insofar as the subject matter of those decisions relates to health and safety and in Northern Ireland insofar as it relates to explosives. The corrections being made by this instrument to the fertilisers domestic and EU legislation provide for a common UK approach. This will ensure a consistent and clear policy, without the need for a different set of rules for each Devolved Administration. It has been agreed that the Secretary of State will be empowered to make regulations with regard to devolved/transferred fertilisers for the United Kingdom with the consent of the Devolved Administrations.
This instrument applies to fertilisers which are (other than as set out in the previous paragraph) a transferred matter for Northern Ireland under the Northern Ireland Act 1998.
