Draft Regulations laid before the Assembly under paragraph 8F(2)(a) and (9) of Schedule 7 to the European Union (Withdrawal) Act 2018 for approval.
2020 No.
The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020
Made
Coming into operation in accordance with Regulation 1(2) and (3)
Citation, commencement and interpretation1
1
These Regulations may be cited as the Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020.
2
This regulation and regulation 5 come into operation on the day after these Regulations are made.
3
Regulations 2 to 4 come into operation on IP completion day.
4
The Interpretation Act (Northern Ireland) 19543 applies to these Regulations as it applies to an Act of the Assembly.
Amendment of the Plant Health Act (Northern Ireland) 19672
1
The Plant Health Act (Northern Ireland) 19674 is amended as follows.
2
In section 2(1), for “Community” substitute “retained EU law or relevant Protocol”.
3
After section 2(2), insert—
2A
In this section—
“relevant Protocol obligation” means any obligation created or arising by or under the relevant part of the Northern Ireland Protocol, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;
“the relevant part of the Northern Ireland Protocol” means article 5(4) of the Northern Ireland Protocol so far as relating to sections 41 and 42 of Annex 2 to that Protocol;
“the Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.
4
In section 3(1), for “Community” substitute “retained EU law or relevant Protocol”.
5
After section 3(1), insert—
1A
In this section, “relevant Protocol obligation” has the meaning given by section 2(2A).
Amendment of the Diseases of Animals (Northern Ireland) Order 19813
1
The Diseases of Animals (Northern Ireland) Order 19815 is amended as follows.
2
Article 46A is amended as mentioned in paragraphs (3) to (6).
3
In the heading, for “Community” substitute “retained EU law or Protocol”.
4
The existing text of Article 46A is renumbered as paragraph (1).
5
In that paragraph—
a
for sub-paragraph (a) substitute—
a
enter premises—
i
for the purpose of ascertaining whether any retained EU law within any order made under this Order has been or is being complied with;
ii
for the purpose of ascertaining whether any relevant Protocol obligation has been or is being complied with; or
iii
for the purpose of ascertaining whether any provisions of an order made under this Order which implement a relevant Protocol obligation have been or are being complied with, and
b
in sub-paragraph (b), for “that purpose” substitute “any of those purposes”.
6
After that paragraph insert—
2
In this Article—
“relevant Protocol obligation” means any obligation created or arising by or under the relevant part of the Northern Ireland Protocol, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;
“the relevant part of the Northern Ireland Protocol” means article 5(4) of the Northern Ireland Protocol so far as relating to sections 36 to 39 of Annex 2 to that Protocol;
“the Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.
7
In Schedule 2, in paragraph 3A(4)(a), omit “other”.
Amendment of the Welfare of Animals Act (Northern Ireland) 20114
1
Section 28 of the Welfare of Animals Act (Northern Ireland) 20116 is amended as follows.
2
In the heading, for “Community” substitute “retained EU law or Protocol”.
3
In subsection (1), for “regulations under section 11 which implement a Community obligation” substitute—
a
any regulations under section 11 which are retained EU law;
b
any relevant Protocol obligation; or
c
any regulations under section 11 which implement a relevant Protocol obligation.
4
After subsection (3), insert—
4
In this section—
“relevant Protocol obligation” means any obligation created or arising by or under the relevant part of the Northern Ireland Protocol, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;
“the relevant part of the Northern Ireland Protocol” means article 5(4) of the Northern Ireland Protocol so far as relating to section 40 of Annex 2 to that Protocol;
“the Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.
Revocation5
In the Animal Health and Welfare (Amendment) (Northern Ireland) (EU Exit) Regulations 20197, regulations 2 and 3 are revoked.
Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 2020
NameA senior officer of theDepartment of Agriculture, Environment and Rural Affairs(This note is not part of the Regulations)