Scottish Statutory Instruments
Animals
Animal Health
Made
20th June 2012
Laid before the Scottish Parliament
22nd June 2012
Coming into force
24th September 2012
The Scottish Ministers make the following Order in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(1), and sections 1, 7(1), 8(1), 15(4), 17(1), 23, 25, 28, 32(2), 35(3), 72, 83(2), 87(2) and 88(2) of the Animal Health Act 1981(2), and all other powers enabling them to do so(3).
This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for the references in this Order to Commission Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue(4) to be references to that instrument as amended from time to time.
1972 c.68 (“the 1972 Act”). Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. The powers in section 2(2) are exercised in relation to articles 9 and 22(1) to (3) of this Order. Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act.
1981 c.22 (“the 1981 Act”). Powers to make Orders under these sections were originally conferred on “the Ministers” (as defined in section 86(1) of the 1981 Act). The functions of the Ministers were, insofar as within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).
The powers to make this Order are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Order is subject to the negative procedure by virtue of section 33(4) of that Act.
OJ No L 283, 27.10.2007, p.37 and OJ No L 327, 22.12.2000, p.74 respectively. At the date of making this order, the Regulation was last amended by Commission Implementing Regulation (EU) No 456/2012 (OJ No L 141, 31.05.2012, p.7) and the Directive was last amended by Directive 2012/5/EU (OJ No L 81, 21.03.2012, p.1).