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The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018

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PART 5Amendments to legislation concerning animals

The Importation of Embryos, Ova and Semen Order 1980

30.—(1) The Importation of Embryos, Ova and Semen Order 1980(1) is amended as follows.

(2) In article 2—

(a)in paragraph (a), for “the Animal Health Act 1981(2)” substitute “the Act”;

(b)in paragraph (b), for “section 84(3)(a) and (b)” substitute “section 88(1) and (3)”.

(3) In article 3, in the definition of “the Act”, for “the Diseases of Animals Act 1950(3)” substitute “the Animal Health Act 1981”.

(4) Omit article 9.

The Importation of Animal Products and Poultry Products Order 1980

31.—(1) The Importation of Animal Products and Poultry Products Order 1980(4) is amended as follows.

(2) In article 2—

(a)in the words before paragraph (a), for “the Animal Health Act 1981 (“the 1981 Act”)” substitute “the Act”;

(b)in paragraphs (a) and (b), for “the 1981 Act” substitute “the Act”.

(3) In article 3, in the definition of “the Act”, for “the Diseases of Animals Act 1950” substitute “the Animal Health Act 1981”.

(4) Omit article 10.

The Diseases of Poultry (England) Order 2003

32.—(1) The Diseases of Poultry (England) Order 2003(5) is amended as follows.

(2) In article 3(1)—

(a)after the definition of ““Chief Veterinary Officer” insert—

“Council Directive 2005/94/EC” means Council Directive 2005/94/EC on Community measures for the control of avian influenza(6);;

(b)in the definition of “disinfect”, for “the Diseases of Animals (Approved Disinfectants) Order 1978(7)” substitute “the Diseases of Animals (Approved Disinfectants) (England) Order 2007(8)”.

(3) In article 6(2), for “Annex III of Council Directive 92/40/EEC(9)” substitute “Article 50 of Council Directive 2005/94/EC”.

(4) In Schedule 1—

(a)in Part 1, in paragraph 6, for “article 4.2(e) of, and Annex I to, Council Directive 92/40/EEC” substitute “Article 7(2)(f) of, and Annex 3 to, Council Directive 2005/94/EC”;

(b)in Part 2, in paragraph 11, for “Annex II of Council Directive 92/40/EEC” substitute “Annex 6 to Council Directive 2005/94/EC”.

The Foot-and-Mouth Disease (England) Order 2006

33.—(1) The Foot-and-Mouth Disease (England) Order 2006(10) is amended as follows.

(2) In article 8(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (England) Order 2007”.

(3) In article 43(1)(b)(ii), for the words from “regulation 9” to the end substitute “the Trade in Animals and Related Products Regulations 2011(11)”.

The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006

34.—(1) The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006(12) is amended as follows.

(2) In article 2, in the definition of “border inspection post”, for the words from “Schedule 2” to the end substitute “regulation 11 of the Trade in Animals and Related Products Regulations 2011”.

(3) In article 3—

(a)in paragraph (4), for “the Specified Animal Pathogens Order 1998(13)” substitute “the Specified Animal Pathogens Order 2008(14)”;

(b)in paragraph (5), for the words from “Regulation 19” to the end substitute “Article 6 of Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof(15)”.

(4) In article 4(7), for the words from “the National Assembly” to “Northern Ireland” substitute “the National Assembly for Wales or by the Department of Agriculture, Environment and Rural Affairs, Northern Ireland”.

(5) In article 66(5)(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (England) Order 2007”.

(6) In article 71(3)—

(a)in sub-paragraph (a), for “section 8(2) of the Medicines Act 1968(16)” substitute “regulation 17 of the Human Medicines Regulations 2012(17)”;

(b)in sub-paragraph (b), for “Regulation 5 of the Veterinary Medicines Regulations 2005(18)” substitute “regulation 5 of the Veterinary Medicines Regulations 2013(19)”;

(c)in sub-paragraph (d), for “the Specified Animal Pathogens Order 1998” substitute “the Specified Animals Pathogens Order 2008”.

The Avian Influenza (Vaccination) (England) Regulations 2006

35.  In regulation 5(2)(b) of the Avian Influenza (Vaccination) (England) Regulations 2006(20), for “regulation 8(3) of the Veterinary Medicines Regulations 2005” substitute “regulation 3(2)(b) of the Veterinary Medicines Regulations 2013”.

The Avian Influenza (H5N1 in Poultry) (England) Order 2006

36.—(1) The Avian Influenza (H5N1 in Poultry) (England) Order 2006(21) is amended as follows.

(2) In article 12—

(a)in paragraph (1)—

(i)after sub-paragraph (a) omit “or”;

(ii)omit sub-paragraph (b).

(b)omit paragraph (2).

(3) In article 17(1)(a), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (England) Order 2007”.

The Avian Influenza (H5N1 in Wild Birds) (England) Order 2006

37.  In article 18(1)(a) of the Avian Influenza (H5N1 in Wild Birds) (England) Order 2006(22), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (England) Order 2007”.

The Official Controls (Animals, Feed and Food) (England) Regulations 2006

38.—(1) The Official Controls (Animals, Feed and Food) (England) Regulations 2006(23) are amended as follows.

(2) In regulation 2(1)—

(a)for the definition of “the 2006 Regulations” substitute—

“the 2009 Regulations” means the Official Feed and Food Controls (England) Regulations 2009(24);;

(b)in the definition of “relevant legislation”—

(i)in paragraph (a), for “the 2006 Regulations” substitute “the 2009 Regulations”;

(ii)in paragraph (b), for “the Veterinary Medicines Regulations 2006(25)” substitute “the Veterinary Medicines Regulations 2013”.

(3) In regulation 9—

(a)for “the 2006 Regulations”, in each place it occurs, substitute “the 2009 Regulations”;

(b)in paragraph (3), for “41 to 43, 45 and 46” substitute “45 to 47, 49 and 50”.

(4) Omit regulation 20.

The Bovine Semen (England) Regulations 2007

39.  In regulation 2 of the Bovine Semen (England) Regulations 2007(26), in the definition of “cattle identification regulations”, for paragraph (a) (together with the final “or”) substitute—

(a)the Cattle Identification Regulations 2007(27);.

The Welfare of Farmed Animals (England) Regulations 2007

40.  In regulation 2(2) of the Welfare of Farmed Animals (England) Regulations 2007(28)—

(a)in sub-paragraph (a), for the words from “Directive 91/630/EEC(29)” to the end substitute “Directive 2008/120/EC laying down minimum standards for the protection of pigs(30)”;

(b)after sub-paragraph (b) omit “and”;

(c)in sub-paragraph (c), for the words from “Directive 91/629/EEC(31)” to the end substitute “Directive 2008/119/EC laying down minimum standards for the protection of calves(32)”.

The Products of Animal Origin (Disease Control) (England) Regulations 2008

41.  In Schedule 3 to the Products of Animal Origin (Disease Control) (England) Regulations 2008(33)—

(a)in paragraph 1(a) omit the words from “or article 4” to “legible”;

(b)omit paragraph 3(a) (together with the final “or”).

The Bluetongue Regulations 2008

42.  In regulation 17 of the Bluetongue Regulations 2008(34), for “the Veterinary Medicines Regulations 2011(35)” substitute “the Veterinary Medicines Regulations 2013”.

The Trade in Animals and Related Products Regulations 2011

43.—(1) The Trade in Animals and Related Products Regulations 2011 are amended as follows.

(2) In regulation 35(2)(a), for “the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997(36)” substitute “the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015(37)”.

(3) In Schedule 2, in Part 2, in paragraph 9(1), for the words from “Commission Regulation” to the end substitute “Commission Implementing Regulation (EU) No 139/2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof”.

(1)

S.I. 1980/12, amended by S.I. 1994/2920; there are other amending instruments but none is relevant.

(3)

1950 c. 36, repealed by the Animal Health Act 1981, Schedule 6.

(4)

S.I. 1980/14, amended by S.I. 1982/948; there are other amending instruments but none is relevant.

(5)

S.I. 2003/1078, to which there are amendments not relevant to these Regulations.

(6)

OJ No L 10, 14.1.2005, p 16, as last amended by Council Directive 2008/73/EC (OJ No L 219, 14.8.2008, p 40).

(7)

S.I. 1978/32, revoked in relation to England by S.I. 2007/448.

(8)

S.I. 2007/448, to which there are amendments not relevant to these Regulations.

(9)

OJ No L 167, 22.6.1992, p 1, as repealed by Council Directive 2005/94/EC (OJ No L 10, 14.1.2006, p 16).

(10)

S.I. 2006/182, to which there are amendments not relevant to these Regulations.

(11)

S.I. 2011/1197, to which there are amendments not relevant to these Regulations.

(12)

S.I. 2006/2702, to which there are amendments not relevant to these Regulations.

(13)

S.I. 1998/463, revoked in relation to England by S.I. 2008/944.

(14)

S.I. 2008/944, to which there are amendments not relevant to these Regulations.

(15)

OJ No L 47, 20.2.2013, p 1.

(16)

1968 c. 67; section 8 was repealed by S.I. 2012/1916.

(17)

S.I. 2012/1916, to which there are amendments not relevant to these Regulations.

(18)

S.I. 2005/2745, revoked by S.I. 2006/2407.

(19)

S.I. 2013/2033, to which there are amendments not relevant to these Regulations.

(20)

S.I. 2006/2703, to which there are amendments not relevant to these Regulations.

(21)

S.I. 2006/3247, to which there are amendments not relevant to these Regulations.

(22)

S.I. 2006/3249, to which there are amendments not relevant to these Regulations.

(24)

S.I. 2009/3255, to which there are amendments not relevant to these Regulations.

(25)

S.I. 2006/2407, amended by S.I. 2007/2539.

(26)

S.I. 2007/1319, to which there are amendments not relevant to these Regulations.

(27)

S.I. 2007/529, to which there are amendments not relevant to these Regulations.

(28)

S.I. 2007/2078, to which there are amendments not relevant to these Regulations.

(29)

OJ No L 340, 11.12.1991, p 33, as repealed by Council Directive 2008/120/EC (OJ No L 47, 18.2.2009, p 5).

(30)

OJ No L 47, 18.2.2009, p 5.

(31)

OJ No L 340, 11.12.1991, p 28, as repealed by Council Directive 2008/119/EC (OJ No L 10, 15.1.2009, p 7).

(32)

OJ No L 10, 15.1.2009, p 7.

(33)

S.I. 2008/465, to which there are amendments not relevant to these Regulations.

(34)

S.I. 2008/962, amended by S.I. 2012/1977; there are other amending instruments but none is relevant.

(35)

S.I. 2011/2159, revoked by S.I. 2013/2033.

(36)

S.I. 1997/1729, revoked in relation to England by S.I. 2015/787.

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