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The Trade in Animals and Related Products (Scotland) Amendment Order 2012

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Citation and commencement

1.  This Order—

(a)may be cited as the Trade in Animals and Related Products (Scotland) Amendment Order 2012; and

(b)comes into force on 1st July 2012.

Amendment to the Trade in Animals and Related Products (Scotland) Regulations 2012

2.—(1) The Trade in Animals and Related Products (Scotland) Regulations 2012(1) are amended as follows.

(2) For regulation 23(3)(b) (re-importation of products) substitute—

(b)dispose of any product comprising the consignment in accordance with Regulation (EC) No 1069/2009..

(3) In regulation 33 (offences)—

(a)immediately after sub-paragraph (c) omit “or”;

(b)for sub-paragraph (d) substitute—

(d)fails to comply with regulation 6(6); or

(e)without reasonable excuse fails to comply with any of the following provisions—; and

(c)in the table—

(i)omit the entry for regulation 6(6);

(ii)in the entry for regulation 25(5), for “regulation 25(5)” substitute “regulation 25(4)”; and

(iii)in the entry for paragraph 5(2) of Schedule 2, for “Keeping records” substitute “Obligations on circus operators”.

(4) In Schedule 2 (additional requirements in specific cases), in paragraph 5(2), for “keeping of records” substitute “obligations on circus operators”.

(5) Paragraph 1(b) of Schedule 4 (consequential amendments) is revoked.

Amendment to the Bluetongue (Scotland) Order 2008

3.  In the Bluetongue (Scotland) Order 2008(2) after article 18 insert—

PART 3AExports

18A.(1) A person must not export to a third country any animal, semen, ovum or embryo unless it complies with the Commission Regulation(3).

(2) An inspector who has reasonable cause to suspect that a person intends to export any animal, semen, ovum or embryo in contravention of this article may by notice served on that person, that person’s representative or the person appearing to be in charge of the animal, semen, ovum or embryo—

(a)prohibit that export; and

(b)require the person on whom the notice is served—

(i)to take the animal, semen, ovum or embryo to such places as may be specified in the notice; and

(ii)to take such further action in relation to it as may be specified in the notice.

(3) If a notice served under paragraph (2) is not complied with, an inspector may seize any animal or thing to which it relates.

(4) It is an offence against the Animal Health Act 1981 for a person to fail to comply with paragraph (1), or a notice served under paragraph (2)..

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

20th June 2012

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