2015 No. 401
Animals
Aquaculture
Fish Farming

The Trade in Animals and Related Products (Scotland) Amendment Regulations 2015

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 19721 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 of these Regulations to Council Directive 2006/88/EC2 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals, and to Commission Regulation (EC) No 1251/20083 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species, to be construed as a reference to that instrument as amended from time to time.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Trade in Animals and Related Products (Scotland) Amendment Regulations 2015 and come into force on 8th January 2016.

(2)

In these Regulations “the principal Regulations” means the Trade in Animals and Related Products (Scotland) Regulations 20124.

Amendment to the Trade in Animals and Related Products (Scotland) Regulations 20122.

(1)

The principal Regulations are amended as follows.

(2)

In regulation 27 (enforcement)—

(a)

in paragraph (2)—

(i)

before sub-paragraph (a) insert—

“(za)

in relation to aquatic animals and aquaculture animal products by the Scottish Ministers;”;

(ii)

in sub-paragraph (a), after “animals” insert “, other than those mentioned in sub-paragraph (za),”; and

(iii)

in sub-paragraph (b) after “products” insert “, other than those mentioned in sub-paragraph (za),”; and

(b)

after paragraph (6) insert—

“(7)

In paragraph (2)(za)—

“aquatic animal” has the same meaning as in Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals; and

“aquaculture animal product” means any product of an aquaculture animal to which Article 6(1), 8(1) or (3) or 12(1) of Commission Regulation (EC) No 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species applies.”.

Savings3.

The amendments made by regulation 2 of these Regulations do not apply in relation to—

(a)

any function exercised, or decision made, by a local authority under the principal Regulations before 8th January 2016;

(b)

an appeal under regulation 22 of the principal Regulations against a decision made by a local authority under regulation 18(3) or 21(3) of those Regulations before 8th January 2016;

(c)

any reconsideration by a local authority of its decision made under regulation 18(3) or 21(3) of the principal Regulations before 8th January 2016 where (whether before, on or after that date) the sheriff remits the matter to the local authority for reconsideration under regulation 22(8)(a) of those Regulations.

RICHARD LOCHHEAD
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Trade in Animals and Related Products (Scotland) Regulations 2012 to transfer the functions of the enforcement authority, outwith border inspection posts, to the Scottish Ministers in relation to aquatic animals and aquaculture animal products (regulation 2).

Regulation 3 makes savings provisions.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.