PART 1Amendment of retained direct EU legislation relating to animals and products of animal origin
Council Regulation (EC) No 21/2004 establishing a system for the identification and registration of ovine and caprine animalsI15
1
Council Regulation (EC) No 21/2004 establishing a system for the identification and registration of ovine and caprine animals is amended as follows.
2
In Article 2, after the definition of “competent authority” insert—
g
for the meaning of ‘the appropriate Minister’ see Article 2a.
3
After Article 2, insert—
Article 2aDefinition of appropriate Minister
1
Subject to paragraph 2, for the purposes of making regulations ‘the appropriate Minister’ means—
a
for regulations applying in relation to England, the Secretary of State;
b
for regulations applying in relation to Wales, the Welsh Ministers;
c
for regulations applying in relation to Scotland, the Scottish Ministers;
F1d
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2
For the purposes of making regulations, ‘the appropriate Minister’ is the Secretary of State if consent is given by—
a
for regulations applying in relation to Wales, the Welsh Ministers;
b
for regulations applying in relation to Scotland, the Scottish Ministers;
F3c
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4
In Article 4, in paragraph 1, in the second subparagraph, omit the words from “If necessary” to the end.
5
In Article 9—
a
omit paragraphs 1 and 2;
b
in paragraph 3, for “paragraph 1” substitute “
Commission Decision (EC) No 2006/968 implementing Council Regulation (EC) No 21/2004 as regards guidelines and procedures for the electronic identification of ovine and caprine animals
”
.
6
In Article 10—
a
in paragraph 1, in the first subparagraph, for the words from “shall be” to the end of that subparagraph substitute “
may be made by regulations by the appropriate Minister
”
b
in paragraph 2, for the words from “In accordance” to “updated” substitute “
The appropriate Minister may update the following data
”
.
7
In Article 12, for paragraph 7 substitute—
7
The appropriate Minister may make regulations setting out detailed rules for the application of this Article.
8
After Article 12 insert—
Article 12aRegulations
1
Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.
2
For regulations made under this Regulation by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M1.
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4
A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
5
A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the F2Welsh Parliament.
6
Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
F47
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8
Regulations made under this Regulation may—
a
contain consequential, incidental, supplementary, transitional or saving provision, including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018);
b
make different provision for different purposes.
9
Before making any regulations under this Regulation the appropriate Minister must consult—
a
such bodies or persons as appear to the appropriate Minister to be representative of the interests likely to be substantially affected by the regulations;
b
such other bodies or persons as the appropriate Minister may consider appropriate.