CHAPTER VII

FINAL PROVISIONS

Amendments of Annexes and detailed rules
Article 24
1
The appropriate authority may, by regulations, amend Annex 1 or 3 in order to adapt them to technical and scientific progress.
1A.
The Secretary of State may, by regulations—
a
amend Annex 2 in order to adapt it to technical and scientific progress;
b
amend Annex 4 so as to add a species.
c
amend Article 2 of Commission Regulation
(EC) 535/2008
to adapt the specifications for the conditions necessary for adding species to Annex 4, as provided for in paragraph 3.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Regulations under paragraph 1A(b) may only be made where the Secretary of State is satisfied that the aquatic organism has been used in aquaculture in certain parts of the United Kingdom for a long time (with reference to its life cycle) with no adverse effect, and its introduction and translocation must be possible without the coincident movement of potentially harmful non-target species.
3A.
In paragraph 3, “long time (with reference to its life cycle)” and “adverse effect” have the meanings given in Article 2 of Commission Regulation
(EC) No 535/2008
.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exercise of the delegation
Article 24a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation of the delegation
Article 24b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Objections to delegated acts
Article 24c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations: devolved legislative function
Article 24d
1.
This Article applies to regulations made under Article Articles 23 and 24(1).
2.
Regulations made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument.
3.
For regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.
5.
A statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
6.
A statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
7.
Regulations made by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
9.
Such regulations 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.

Regulations: consent required
Article 24e
1.
This Article applies to regulations made under Article 24(1A).
2.
The Secretary of State may only make regulations in relation to the whole of Great Britain.
3.
The Secretary of State may not make regulations without the consent of—
a
in relation to Wales, the Welsh Ministers;
b
in relation to Scotland, the Scottish Ministers.
4.
Where either of the parties mentioned in paragraph 3(a) or (b) requests that the Secretary of State make regulations to which this Article applies, the Secretary of State must have regard to that request.
5.
Regulations made by the Secretary of State are to be made by statutory instrument.
6.
A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
7.
Such regulations 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.

Entry into force
Article 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Art. 24(1)(1A) substituted for Art. 24(1) (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(2)(a) (as amended by S.I. 2020/1463, regs. 1(2)(a), 4(3)); 2020 c. 1, Sch. 5 para. 1(1)
Art. 24(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 24(3) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 24(3) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 24(3A) inserted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
Art. 24(4)-(6) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
Art. 25 omitted (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 9(15); 2020 c. 1, Sch. 5 para. 1(1)
Arts. 24a-24c omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(3); 2020 c. 1, Sch. 5 para. 1(1)
Arts. 24d, 24e inserted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(4) (as amended by S.I. 2020/1463, regs. 1(2)(a), 4(4)(a)(i)(ii)(b)(i)(ii)(iii)(aa)(bb)); 2020 c. 1, Sch. 5 para. 1(1)
Substituted by Regulation (EU) No 304/2011 of the European Parliament and of the Council of 9 March 2011 amending Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture.