The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Amendment (No. 3) Regulations 2001

Scottish Statutory Instruments

2001 No. 141

ANIMALS

ANIMAL HEALTH

The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Amendment (No. 3) Regulations 2001

Made

4th April 2001

Laid before the Scottish Parliament

5th April 2001

Coming into force at 8.00 p.m. on

4th April 2001

The Scottish Ministers in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and cessation

1.—(1) These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Amendment (No. 3) Regulations 2001 and shall come into force at 8.00 p.m. on 4th April 2001.

(2) These Regulations shall remain in force until midnight on 19th April 2001.

Amendment to the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Regulations 2001

2.—(1) The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Regulations 2001(2) are amended in accordance with the following paragraphs of this regulation.

(2) In regulation 1(3) for “midnight on 4th April 2001”, there is substituted “midnight on 19th April 2001”.

In regulation 2 –

(a)

for the definition of “the Decision”(3), there is substituted–

““the Decision” means Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/145/EC(4), as amended by Commission Decision 2001/190/EC(5), Commission Decision 2001/209/EC(6), Commission Decision 2001/239/EC(7) and Commission Decision 2001/268/EC(8);”;

(b)

in the definition of “inspector”, after “Regulations” there is inserted–

“, the Animals and Animal Products (Import and Export) (Scotland) Regulations 2000(9) or the Products of Animal Origin (Import and Export) Regulations 1996(10)”; and

(c)

after the definition of “milk” and “milk products”, there is inserted–

““restricted area of Northern Ireland” means the district of Newry and Mourne in county Armagh.”.

(4) In regulations 4(2)(b) and (c), 5(1) and (3)(b)(ii), 6(3)(a) and (d), and 7(3)(a) and (b), for “the United Kingdom” each time it appears there is substituted “Great Britain or the restricted area of Northern Ireland”.

(5) In regulation 13A(2)(11) after “Foot and Mouth Disease Order 1983” there is inserted–

• “(in Great Britain) or Part II of the Foot-and-Mouth Disease Order (Northern Ireland) 1962(12) (in Northern Ireland)”.

(6) In regulation 20 after “the National Assembly of Wales” there is inserted “or the Department of Agriculture and Rural Development (in Northern Ireland)”.

Consequential Amendments

3.  In regulations 1(2) of the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Amendment Regulations 2001(13) and the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Amendment (No. 2) Regulations 2001(14) for “midnight on 4th April 2001” there is substituted “midnight on 19th April 2001”.

4.  Regulations 2(2), 2(3) and 3(2) of the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Amendment (No. 2) Regulations 2001 are revoked.

DAVID R DICKSON

A member of the staff of the Scottish Ministers

Pentland House,

Edinburgh

4th April 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement in Scotland Commission Decision 2001/268/EC amending Commission Decision 2001/172/EC (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom), for the fourth time. They amend the restrictions on imports and exports of certain animals and animal products contained in the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) Regulations 2001 (“the principal Regulations”) to continue the effect of those restrictions until midnight on 19th April 2001.

They make further changes to allow the export of certain meat products and milk if the meat and milk processed originated in Northern Ireland (except from the district of Newry and Mourne in Armagh).

Regulation 2(5) corrects an omission in the principal Regulations.

A Regulatory Impact Assessment has not been prepared for these Regulations.

(1)

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(2)

S.S.I. 2001/95, as amended by S.S.I. 2001/112 and 127.

(3)

The definition of the Decision was substituted by S.S.I. 2001/127.

(4)

O.J. No. L 62, 2.3.01, p.22.

(5)

O.J. No. L 67, 9.3.01, p 88.

(6)

O.J. No. L 76, 16.3.01, p.35.

(7)

O.J. No. L 86, 27.3.01, p 33.

(8)

O.J. No. L 94, 4.4.01, p 27.

(9)

S.S.I. 2000/216.

(10)

S.I. 1996/3124.

(11)

Regulation 13A was inserted by S.S.I. 2001/112.

(12)

S.R. & O. (N.I.) 1962 No. 209, as amended by S.R. (N.I.) 2001 No. 82.

(13)

S.S.I. 2001/112.

(14)

S.S.I. 2001/127