The Ragwort Control Act 2003 (c 40) is an Act of the Parliament of the United Kingdom. It creates guidance as a Code of Practice on Ragwort Control,[5] but does not force control, create a responsibility to control or make growing the plant a criminal offence. Common ragwort is considered an "injurious weed" that is harmful to the interests of agriculture.
 | |
| Long title | An Act to amend the Weeds Act 1959 in relation to ragwort; and for connected purposes. |
|---|---|
| Citation | 2003 c 40 |
| Introduced by | John Greenway (Private Member's Bill)[2] |
| Territorial extent | England and Wales[3] |
| Dates | |
| Royal assent | 20 November 2003 |
| Commencement | 20 February 2004[4] |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
Section 1 - Control of ragwort
editThis section inserts section 1A of the Weeds Act 1959 which enables the Minister (currently will be within DEFRA to make. advice in the form of a Code, approved by parliament, and reads in full:
(1) The Minister may make a code of practice for the purpose of providing guidance on how to prevent the spread of ragwort (senecio jacobaea L.).
(2) Before making the code the Minister must consult such persons as he considers appropriate.
(3) The Minister must lay a copy of the code before Parliament.
(4) The Minister may revise the code; and subsections (2) and (3) apply to the revised code.
(5) The code is to be admissible in evidence.
(6) If the code appears to a court to be relevant to any question arising in proceedings it is to be taken into account in determining that question.
The 2004 Code (with amendments) applies only to England[6] and is set out in documents[7] with additional Guidance on Disposal[8] issued on 15 March 2011 followed by an addendum of 18 April 2012.
Section 2 - Wales
editSection 2(1) provides that the reference to the Weeds Act 1959 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672) is to be treated as referring to that Act as amended by the Ragwort Control Act 2003. Section 2(2) provides that this does not affect the power to make further Orders varying or omitting that reference.
Section 3 - Short title, commencement and extent
editSection 3(2) provides that the Act came into force at the end of the period of three months that began on the date on which it was passed. The word "months" means calendar months.[9] The day (that is to say, 20 November 2003) on which the Act was passed (that is to say, received royal assent) is included in the period of three months.[10] This means that the Act came into force on 20 February 2004.
Controversy
editCountry Life questioned the effectiveness of this Act in 2006.[11]
References
edit- ^ The citation of this Act by this short title is authorised by section 3(1) of this Act.
- ^ Hansard (House of Commons) Second Reading. 21 March 2003. At this time the Bill was called the Equine Welfare (Ragwort Control) Bill. It later became the Ragwort Control Bill.
- ^ The Ragwort Control Act 2003, section 3(3)
- ^ The Ragwort Control Act 2003, section 3(2)
- ^ The Work of the Department for Transport's Agencies - Driver and Vehicle Operator Group and the Highways Agency: Ninth Report of Session 2005-06. The Stationery Office. 27 July 2006. Page 96
- ^ "DEFRA Page on Ragwort Code and Guidance on Disposal and addendum". Retrieved 2 May 2012.
- ^ https://web.archive.org/web/20120710202556/http://www.defra.gov.uk/publications/files/pb9840-cop-ragwort.pdf Section 1 Ragwort Control Act]
- ^ Section 1 Ragwort Control Act Guidance on Disposal
- ^ The Interpretation Act 1978, section 5 and Schedule 1
- ^ Hare v Gocher [1962] 2 QB 641, [1962] 2 All ER 673; Trow v Ind Coope (West Midlands) Ltd [1967] 2 QB 899 at 909, [1967] 2 All ER 900, CA.
- ^ "Keeping a Cap on Ragwort". Country Life. Vol. 200, no. 31–35. 2006. p. 33.
External links
edit- The Ragwort Control Act 2003 as amended and as originally enacted
- "Code of Practice on How to Prevent the Spread of Ragwort" (PDF). Defra. July 2011. (Withdrawn 2016)