Scottish Statutory Instruments

2001 No. 455

ANIMALS

ANIMAL HEALTH

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

Made

3rd December 2001

Laid before the Scottish Parliament

6th December 2001

Coming into force at 6 pm on

3rd December 2001

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972M1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Marginal Citations

M1 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.

Citation, commencement and cessation S

1.—(1) These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Amendment Regulations 2001 and shall come into force at 6 pm on 3rd December 2001.

(2) These Regulations shall remain in force until midnight on 31st January 2002.

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

2.—(1) The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Regulations 2001 M2 are amended in accordance with the following paragraphs of this regulation.

(2) In regulation 1(3) for “midnight on 31st December 2001”, there is substituted “ midnight on 31st January 2002 ”.

(3) In regulation 2–

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

““the Decision” means Commission Decision 2001/740/EC of 19th October 2001 (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Commission Decision 2001/356/EC) M3 , as amended by Commission Decision 2001/763/EC M4 , Commission Decision 2001/789/EC M5 and Commission Decision 2001/848/EC M6 ;”;

and

(b) for the definition of “port of import”, there is substituted-

““port of import” means the ports of Cairnryan, Dover, Dundee and Stranraer;”.

(4) In regulation 4–

(a) in sub-paragraph (2)(b), for “Cairnryan or Stranraer”, there is substituted “ Cairnryan, Dundee or Stranraer ”; and

(b) in sub-paragraph (3)(b), for “three days”, there is substituted “ three working days ”.

(5) In regulation 6(2)–

(a) in sub-paragraph (d)(iv), after “establishment”, there is inserted “ in Scotland ”; and

(b) for sub-paragraph (e)(iv), there is substituted-

“(iv) the carcases were handled in accordance with the provisions of Annex I of Chapter III of Directive 92/45/EEC and transported to a wild game collection centre or to an approved processing house for chilling;”.

(6) In regulation 16(3), for “article”, there is substituted “ regulation ”.

(7) In regulation 20(1), for “export”, there is substituted “ dispatch ”.

(8) For Schedule 1 there is substituted the Schedule 1 set out in the Schedule to these Regulations.

Marginal Citations

M2 S.S.I. 2001/429.

M3 O.J. No. L 227, 20.10.01, p.30. Commission Decision 2001/356/EC (O.J. No. L 125, 5.5.01, p.46), was amended by Commission Decision 2001/372/EC (O.J. No. L 130, 12.5.01, p.47), Commission Decision 2001/415/EC (O.J. No. L 149, 2.6.01, p.38), Commission Decision 2001/430/EC (O.J. No. L 153, 8.6.01, p.33), Commission Decision 2001/437/EC (O.J. No. L 154, 9.6.01, p.66), Commission Decision 2001/518/EC (O.J. No. L 186, 7.7.01, p.58), Commission Decision 2001/547/EC (O.J. No. L 195, 19.7.01, p.61), and Commission Decision 2001/708/EC (O.J. No. L 261, 29.9.01, p.67).

M4 O.J. No. L 287, 31.10.01, p. 36.

M5 O.J. No. L 295, 13.11.01, p. 25.

M6 O.J. No. L 315, 1.12.01, p. 64.

DAVID R DICKSON

A member of the staff of the Scottish Ministers

Pentland House, Edinburgh

3rd December 2001

Regulation 2(8)

SCHEDULE S SCHEDULE 1 AS INSERTED BY THESE REGULATIONS

Regulation 6(2)

“SCHEDULE 1 S PERMITTED AREAS

Areas in Scotland S

Administrative Unit	Local Authority Areas in Scotland	B	S/G	P	FG	WG
Orkney Islands consisting of	Orkney Islands	+	+	+	+	+
Western Islands consisting of	Eilean Siar	+	+	+	+	+
Shetland Islands consisting of	Shetland Islands	+	+	+	+	+
Wick consisting of	Part of Highland*	+	+	+	+	+
Elgin consisting of	Moray Part of Highland*	+	+	+	+	+
Inverness consisting of	Part of Highland*	+	+	+	+	+
Aberdeenshire consisting of	Aberdeen City Aberdeenshire	+	+	+	+	+
Forfar consisting of	Angus Dundee City	+	+	+	+	+
Perth consisting of	Clackmannanshire Perth & Kinross	+	+	+	+	+
Cupar consisting of	Fife	+	+	+	+	+
Edinburgh consisting of	Falkirk Midlothian West Lothian City of Edinburgh East Lothian	+	+	+	+	+
Galashiels consisting of	Scottish Borders	+	+	+	+	-
Stirling consisting of	Stirling	+	+	+	+	+
Oban consisting of	Argyll and Bute	+	+	+	+	+
Hamilton consisting of	East Dunbartonshire East Renfrewshire City of Glasgow Inverclyde North Lanarkshire Renfrewshire South Lanarkshire West Dunbartonshire	+	+	+	+	+
Ayr consisting of	East Ayrshire North Ayrshire South Ayrshire	+	+	+	+	+
Stranraer consisting of	Part of Dumfries & Galloway#	+	+	+	+	-
Dumfries consisting of	Part of Dumfries & Galloway#	+	+	+	+	-

Areas in England S

Administrative Unit		B	S/G	P	FG	WG
Bedfordshire consisting of	Bedford Luton District	+	+	+	+	+
Berkshire consisting of	Bracknell Forest Reading West Berkshire Windsor & Maidenhead Wokingham Slough	+	+	+	+	+
Buckinghamshire consisting of	Buckinghamshire County Milton Keynes	+	+	+	+	+
Cambridgeshire consisting of	Cambridgeshire County City of Peterborough	+	+	+	+	+
Cheshire consisting of	Halton Cheshire County Warrington	+	+	+	+	+
Cornwall County consisting of	Cornwall County	+	+	+	+	-
Derbyshire consisting of	City of Derby Derbyshire County	+	+	+	+	+
Dorset consisting of	Dorset County	+	+	+	+	-
Bournemouth	+	+	+	+	+
Poole	+	+	+	+	+
Essex consisting of	Southend-on-Sea Essex County Thurrock	+	+	+	+	+
Gloucestershire consisting of	South Gloucestershire Gloucestershire County	+	+	+	+	-
Hampshire consisting of	Hampshire County City of Portsmouth City of Southampton	+	+	+	+	+
Isle of Wight consisting of	Isle of Wight	+	+	+	+	+
Hereford & Worcester consisting of	Worcestershire	+	+	+	+	-
Hertfordshire consisting of	Hertfordshire	+	+	+	+	+
Kent consisting of	Medway Kent County	+	+	+	+	+
Lancashire consisting of	Blackburn with Darwen	-	+	+	+	-
Blackpool	+	+	+	+	-
Leicestershire consisting of	City of Leicester Rutland Leicester County	+	+	+	+	+
Lincolnshire consisting of	Lincolnshire	+	+	+	+	+
Merseyside consisting of	Knowsley District Liverpool District Sefton District St Helens District	+	+	+	+	-
East London consisting of	East London	+	+	+	+	+
South East London consisting of	South East London	+	+	+	+	+
Norfolk consisting of	Norfolk	+	+	+	+	+
Northamptonshire consisting of	Northamptonshire	+	+	+	+	+
Nottinghamshire consisting of	City of Nottingham Nottinghamshire County	+	+	+	+	+
Oxfordshire consisting of	Oxfordshire	+	+	+	+	+
Avon consisting of	Bath & North East Somerset	+	+	+	+	+
City of Bristol	+	+	+	+	-
South Gloucestershire	+	+	+	+	-
North Somerset	+	+	+	+	+
Shropshire consisting of	Telford and Wrekin	+	+	+	+	+
Shropshire County	+	+	+	+	-
Somerset consisting of	Somerset	+	+	+	+	-
Staffordshire consisting of	City of Stoke-on-Trent Staffordshire County	+	+	+	+	+
Suffolk consisting of	Suffolk	+	+	+	+	+
Isles of Scilly consisting of	Isles of Scilly	+	+	+	+	+
Surrey consisting of	Surrey	+	+	+	+	+
East Sussex consisting of	Brighton & Hove East Sussex County	+	+	+	+	+
West Sussex consisting of	West Sussex	+	+	+	+	+
Warwickshire consisting of	Warwickshire	+	+	+	+	+
Greater Manchester consisting of	Tameside District Oldham District Rochdale District Bury District Bolton District Salford District Trafford District Manchester District Stockport District Wigan District	+	+	+	+	+
Wiltshire consisting of	Swindon Wiltshire County	+	+	+	+	+
West Midlands consisting of	Birmingham District Dudley District Sandwell District Solihull District Walshall District Wolverhampton District Coventry District	+	+	+	+	+
South Yorkshire consisting of	Barnsley District Doncaster District Rotherham District Sheffield District	+	+	+	+	+
West Yorkshire consisting of	Wakefield District Kirklees District Calderdale District	+	+	+	+	-
Beverley-North Yorkshire consisting of	York	+	+	+	+	-
Selby District	+	+	+	+	-
Humberside consisting of	East Riding of Yorkshire City of Kingston upon Hull North East Lincolnshire North Lincolnshire	+	+	+	+	-

Areas in Wales S

Administrative Unit		B	S/G	P	FG	WG
Gwynedd consisting of	Conwy	+	+	+	+	+
Gwynedd	+	+	+	+	+
Isle of Anglesey	+	+	+	+	+
Dyfed consisting of	Sir Gaerfyrddin-Carmarthen	+	+	+	+	-
Sir Ceredigion-Ceredigion	+	+	+	+	-
Sir Benfro-Pembrokeshire	+	+	+	+	+
Clwyd consisting of	Sir Ddinbych-Denbigshir Sir Y Fflint-Flintshire Wrecsam-Wrexham	+	+	+	+	+
South Glamorgan consisting of	Bro Morganng-The Vale of Glamorgan	+	+	+	+	-
Caerdydd-Cardiff	-	+	+	+	-
Mid Glamorgan consisting of	Pen-y-Bont Ar Ogwr-Bridgend	+	+	+	+	-
West Glamorgan consisting of	Abertawe-Swansea Castell-Nedd Port Talbot-Neath Port Talbot	+	+	+	+	-
Gwent consisting of	Casnowyeld-Newport	+	+	+	+	-

In this Schedule–

B = bovine meat;

S/G = sheep and goat meat;

P = pig meat;

FG = farmed game of species susceptible to food-and-mouth disease;

WG = wild game of species susceptible to food-and-mouth disease;

+ means that the area is one where the animals in the column may be produced and the meat in question may be produced and dispatched;

* the three areas listed which consist of Parts of the Highland Council area together comprise the whole of the Highland Council area;

# the two areas listed which consist of Parts of the Dumfries and Galloway Council area together comprise the whole of the Dumfries and Galloway Council area.”

.

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement in Scotland Commission Decision 2001/848/EC amending Commission Decision 2001/740/EC (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom) for the third 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) (No. 3) Regulations 2001 (“the principal Regulations”) to continue the effect of those restrictions, with amendments, until midnight on 31st January 2002.

The principal Regulations are amended to permit the dispatch from Scotland of sheepmeat and goatmeat, and farmed game of species susceptible to foot-and-mouth disease, from those areas of Scotland from which such exports were prohibited, as set out in the Schedule to these Regulations. The Regulations also add Dundee to the list of ports of import, require 3 working days notice of relevant imports by importers, and alter the requirements for handling carcases of wild game.

The areas referred to in regulation 6 of the principal Regulations are the council areas listed in Schedule 1 to the principal Regulations as inserted by these Regulations. The Administrative Unit is used by the European Commission to designate areas of the United Kingdom for the purpose of allowing exports.

Regulation 2(5)(a), (6) and (7) corrects errors in the principal Regulations.

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