(This note is not part of the Regulations)
These Regulations are made in exercise of powers under the European Communities Act 1972 (“the 1972 Act”) and powers conferred by paragraphs 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 (“the 2018 Act”). These Regulations make amendments before IP completion day to secondary legislation made under section 2(2) of the 1972 Act and address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the European Union.
Part 2 of these Regulations amend secondary legislation in exercise of powers under section 2(2) of the 1972 Act. Regulation 2 amends the Official Feed and Food Controls (Scotland) Regulations 2009 to give effect to Article 79(2)(c) of Regulation (EU) 2017/625 which was previously considered unnecessary but on reflection is required. Regulation 3 amends the Trade in Animals and Related Products (Scotland) Regulations 2012 to insert a regulation introducing and giving effect to schedule 2 of those Regulations. Regulation 4 amends the Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2020 to provide for the execution and enforcement of the delegated and implementing regulations under Regulation (EU) 2017/625. Regulation 4(2) amends Schedule 1 for clarity and Regulation 4(4) amends Schedule 6 to remove four offences.
Part 3 of these Regulations amends secondary EU Exit legislation in exercise of powers under paragraphs 1(1) and 3 of schedule 2 of the 2018 Act. Regulation 3 amends the Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 in order to address failures of retained EU law to operate effectively arising as a result of the withdrawal of the UK from the European Union.
Part 4 of these Regulations amend Commission Decision 2000/572/EC in exercise of powers under paragraphs 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the 2018 Act, in particular to deal with deficiencies under section 8(2)(d) of the 2018 Act. Commission Decision 2000/572/EC concerns the animal and public health and veterinary certification conditions for imports of meat preparations. The amendments provide that the conditions for importation of meat preparations apply to imports from a third country, and make transitional provision for the conditions which are to apply to the importation of meat preparations from territories which are to be subject to special transitional import arrangements.
A Business and Regulatory Impact Assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.