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The Pig Carcase (Grading) Amendment (Scotland) Regulations 2006

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Amendments to the Pig Carcase (Grading) Regulations 1994

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2.—(1) The Pig Carcase (Grading) Regulations 1994(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(1) (interpretation)–

(a)in the definition of “the appropriate Minister” delete “Scotland or” and after “State” insert “and in relation to Scotland means the Scottish Ministers”;

(b)at the end of the definition of “the Commission Decision”, insert “, as last amended by Commission Decision No. 2006/374(EC)(2)”;

(c)at the end of the definition of “the Commission Regulation”, insert “as last amended by Commission Regulation (EC) No. 1197/2006(3)”; and

(d)in the definition of “pig carcase” for “Articles 2 and 2a” substitute “Articles 3 and 4”.

(3) In regulation 6 (weighing, etc., of carcases of pigs)–

(a)for paragraph (b) substitute–

(b)except where the MLC is bound by the obligation specified in regulation 7(5)(c)–

(i)weigh each such pig carcase in accordance with Article 2(2) of the Council Regulation, except where the occupier cannot generally observe the 45 minute requirement of that Article, the occupier may, in accordance with Article 2(2) of the Commission Regulation, seek the consent of the Scottish Ministers, who are the competent authority for the purposes of that Article, to weigh the carcases within a longer period;

(ii)make a record of the weight of each such pig carcase; and

(iii)thereafter calculate the weight of the cold carcase in accordance with the provisions of Article 2(1) of the Commission Regulation or, where the Scottish Ministers have consented under sub-paragraph (i) to the 45 minute period being exceeded, calculate that weight in accordance with Article 2(2) of the Commission Regulation;; and

(b)in paragraph (d), for “Article 4(1) or (2) of the Commission Regulation” substitute “Article 4 of the Commission Regulation”.

(4) In regulation 10 (notices)–

(a)in front of “Any” insert “(1)”; and

(b)after sub-paragraph (d) insert–

(2) Any notice to be given under these Regulations may also be given by sending it to the person concerned by fax or other means of electronic communication which produces a text in legible form.

(3) A notice sent to a person as an electronic communication shall be regarded as sent when the text of it is received in a legible form.

(4) In this regulation “electronic communication” is to be construed in accordance with section 15(1) of the Electronic Communications Act 2000(4)..

(5) In regulation 11(7) (offences and penalties) for “section 331 of the Criminal Procedure (Scotland) Act 1975” substitute “section 136 of the Criminal Procedure (Scotland) Act 1995”.

(1)

S.I. 1994/2155, amended by S.S.I. 2004/279.

(2)

O.J. No. L 142, 30.05.2006, p.34.

(3)

O.J. No. L 217, 8.8.2006, p.6.

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