The Animal By-Products (Enforcement) (Scotland) Regulations 2011

PART 1Introduction

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Animal By-Products (Enforcement) (Scotland) Regulations 2011 and come into force on 4th March 2011.

(2) These Regulations extend to Scotland only.

Interpretation

2.—(1) In these Regulations—

“animal by-product requirement” has the meaning given in regulation 17;

“authorised person” has the meaning given in regulation 22;

“competent authority” has the meaning given in regulation 3;

“enforcement authority” has the meaning given in regulation 21(5);

“EU Control Regulation” means Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation)(1);

“EU Implementing Regulation” means Commission Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive, as amended from time to time;

“premises” includes—

(a)

any land, building (including any domestic premises), shed or pen;

(b)

any receptacle or container;

(c)

any ship; or

(d)

vehicle of any description; and

“ship” includes a hovercraft, submersible craft and any other floating craft but not a vessel which—

(a)

permanently rests on or is permanently attached to the seabed; or

(b)

is an installation within section 16 of the Energy Act 2008(2).

(2) Expressions used in these Regulations that are also used in the EU Control Regulation or the EU Implementing Regulation have the same meaning in these Regulations as they have in the EU Control Regulation and in the EU Implementing Regulation, as the context may require.

(3) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000(3), which has been recorded and is consequently capable of being reproduced.

(1)

O.J. L 300, 14.11.2009, p.1, amended by Directive 2010/63/EU (O.J. L 276, 20.10.2010, p.33).

(3)

2000 c.7, amended by the Communications Act 2003 (c.21), sections 406 and 411(2) and (3) and Schedule 17, paragraph 158.