The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020

Amendment of the Diseases of Animals (Northern Ireland) Order 1981

3.—(1) The Diseases of Animals (Northern Ireland) Order 1981(1) is amended as follows.

(2) Article 46A is amended as mentioned in paragraphs (3) to (6).

(3) In the heading, for “Community” substitute “retained EU law or Protocol”.

(4) The existing text of Article 46A is renumbered as paragraph (1).

(5) In that paragraph—

(a) for sub-paragraph (a) substitute—

“(a) enter premises—

(i) for the purpose of ascertaining whether any retained EU law within any order made under this Order has been or is being complied with;

(ii) for the purpose of ascertaining whether any relevant Protocol obligation has been or is being complied with; or

(iii) for the purpose of ascertaining whether any provisions of an order made under this Order which implement a relevant Protocol obligation have been or are being complied with, and”;

(b) in sub-paragraph (b), for “that purpose” substitute “any of those purposes”.

(6) After that paragraph insert—

“(2) In this Article—

“relevant Protocol obligation” means any obligation created or arising by or under the relevant part of the Northern Ireland Protocol, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies;

“the relevant part of the Northern Ireland Protocol” means article 5(4) of the Northern Ireland Protocol so far as relating to sections 36 to 39 of Annex 2 to that Protocol;

“the Northern Ireland Protocol” means the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.”.

(7) In Schedule 2, in paragraph 3A(4)(a), omit “other”.

(1)

1981 No. 1115 (N.I. 22)