The Animals (Legislative Functions) (EU Exit) Regulations 2019

Council Regulation (EC) No 21/2004 establishing a system for the identification and registration of ovine and caprine animals

5.—(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 2a Definition 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;

(d) for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

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;

(c) for regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.”.

(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 12a Regulations

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(1).

3.   Any power of the Department of Agriculture, Environment and Rural Affairs to make regulations under this Regulation is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979(2).

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 National Assembly for Wales.

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).

7.   Regulations made by the Department of Agriculture, Environment and Rural Affairs under this Regulation are subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954(3) as if it were a statutory instrument within the meaning of that Act.

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.”.

(1)

2010 asp 10.

(2)

S.I. 1979/1573 (N.I. 12). Articles 2(4)(v) and (vi) were inserted by S.I. 2018/1242.

(3)

1954 c. 33 (N.I.) Section 41(6) was amended by S.I. 1999/663.