Explanatory Note
(This note is not part of the Order)
This Order corrects errors in the Trade in Animals and Related Products (Scotland) Regulations 2012.
Article 2(2) clarifies that disposal of products under regulation 23(3)(b) must be carried out in accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (known as the animal by-products Regulation).
Article 2(3)(a), (b) and (c)(i) makes breach of regulation 6(6) an offence out with the “reasonable excuse” defence in regulation 33.
Article 2(3)(c)(ii) corrects an error in a cross-reference in the table in regulation 33.
Article 2(3)(c)(iii) and (4) makes an adjustment to the description of paragraph 5(2) of Schedule 2.
Article 3 amends the Bluetongue (Scotland) Order 2008. New article 18A prohibits the export to a third country any animal, semen, ovum or embryo that does not comply with Commission Regulation (EC) No 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue. Article 18A(4) declares that contravention of this prohibition is an offence against the Animal Health Act 1981, as is failure to comply with a notice served by an inspector under new article 18A(2).
A business and regulatory impact assessment has not been produced for this instrument as no new impact on the private, voluntary or public sectors is foreseen.