The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020

Scottish Statutory Instruments

2020 No. 455

Exiting The European Union

Agriculture

Animals

Food

The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020

Made

at 1.45 p.m. on 21st December 2020

Laid before the Scottish Parliament

at 4.30 p.m. on 21st December 2020

Coming into force in accordance with regulation 1

The Scottish Ministers make these Regulations in exercise of the powers conferred on them by section 2(2) and paragraph 1A of schedule 2 of the European Communities Act 1972(1), paragraphs 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018(2) and all other powers enabling them to do so.

These Regulations make 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 reference in regulation 2 to the Commission Regulation to be a reference to that instrument as amended from time to time.

In accordance with paragraph 4(a) of schedule 2 of the European Union (Withdrawal) Act 2020(3), the Scottish Ministers consulted the Secretary of State prior to the making of these Regulations.

There has been consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(4).

(1)

1972 c.68 (“the 1972 Act”). The 1972 Act was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”) with effect from exit day (see section 20 of the 2018 Act), but saved, subject to modifications, until IP completion day by section 1A of that Act. Section 1A of the 2018 Act was inserted by the European Union (Withdrawal Agreement) Act 2020 (c.1) (“the 2020 Act”), and defines “IP completion day” by reference to section 39(1) to (5) of the 2020 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)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), section 3(3) and schedule 1, Part 1. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

(2)

2018 c.16; paragraph 21 of schedule 7 was amended by the 2020 Act, section 41(4) and schedule 5, paragraph 53.

(3)

Paragraph 4 of schedule 2 was amended by the 2020 Act, section 27(7)(a).

(4)

OJ L 31, 1.2.2002, p.1, to which there are no relevant amendments to Article 9.