This Statutory Instrument has been made partly in consequence of defects in S.I. 2010/108, 2011/1543, 2011/2936, 2012/66 and 2012/1977, and is being issued free of charge to all known recipients of those Statutory Instruments.
2012 No. 2897
Agriculture
Animals, England And Wales
Animal Health
Animal Welfare
Energy Conservation, England And Wales
Environmental Protection
Food, England And Wales
Public Health, England

The Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012

Made
Laid before Parliament
Coming into force
The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 19721 in relation to the common agricultural policy of the European Union and medicinal products2, measures in the veterinary and phytosanitary fields for the protection of public health3, food (including drink) including the primary production of food4, the environment5 and the environmental aspects of product design6.
The Secretary of State makes this Order in exercise of the powers conferred by section 2(2) of the European Communities Act 19727 and sections 1 and 8(1) of the Animal Health Act 19818.

Citation, commencement and extent1.

(1)

This Order may be cited as the Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012 and comes into force on 24th December 2012.

(2)

This Order, except as provided in paragraphs (3) and (4), extends to England and Wales.

(3)

Article 43(a) and (c) has the same extent as the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 20119.

(4)

Article 46(b) extends to the United Kingdom.

Amendment of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 19972.

In the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 199710, in regulation 23 (offences, penalties and enforcement), after paragraph (3) insert—

“(3A)

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

Amendment of the Seeds (National Lists of Varieties) Regulations 20013.

In the Seeds (National Lists of Varieties) Regulations 200111, in regulation 22 (enforcement)—

(a)

re-number the existing provision as paragraph (1); and

(b)

after that provision add—

“(2)

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

Amendment of the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 20034.

In the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 200312, in article 10 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 198113 relating to this Order.”.

Amendment of the Disease Control (England) Order 20035.

(1)

The Disease Control (England) Order 200314 is amended as follows.

(2)

For article 18 substitute—

“Cross-border movements of animals into England18.

(1)

In this article a “cross-border movement” means the movement of an animal—

(a)

from Scotland into England, where the movement of the animal within Scotland is carried out under the authority of a licence (general or specific) issued by an authority in Scotland which is responsible for issuing licences in relation to the movement of animals; or

(b)

from Wales into England, where the movement of the animal within Wales is carried out under the authority of a licence (general or specific) issued by an authority in Wales which is responsible for issuing licences in relation to the movement of animals.

(2)

That part of a cross-border movement which is carried out within England is treated as if it were authorised by a general licence under article 12.

(3)

But paragraph (2) does not apply in the case of a cross-border movement by a person specified in a notice under article 13(1)(b), if that notice prohibits movements of animals by that person generally or to premises which are the destination of the cross-border movement in question.”.

(3)

In article 22 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.”.

Amendment of the Olive Oil (Marketing Standards) Regulations 20036.

In the Olive Oil (Marketing Standards) Regulations 200315, in regulation 3 (enforcement), after paragraph (1) insert—

“(1A)

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

Amendment of the Registration of Establishments (Laying Hens) (England) Regulations 20037.

In the Registration of Establishments (Laying Hens) (England) Regulations 200316, in regulation 10 (enforcement)—

(a)

re-number the existing provision as paragraph (1); and

(b)

after that provision add—

“(2)

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

Amendment of the Foot-and-Mouth Disease (England) Order 20068.

In the Foot-and-Mouth Disease (England) Order 200617, in article 59 (enforcement), after paragraph (3) add—

“(4)

For the purposes of paragraph (2) or where the Secretary of State makes a direction under paragraph (3), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to this Order.”.

Amendment of the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 20069.

In the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 200618, in regulation 43 (enforcement), after paragraph (3) add—

“(4)

For the purposes of paragraph (2) or where the Secretary of State makes a direction under paragraph (3), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act19 relating to these Regulations.”.

Amendment of the Avian Influenza (Preventive Measures) (England) Regulations 200610.

In the Avian Influenza (Preventive Measures) (England) Regulations 200620, in regulation 22 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act21 relating to these Regulations.”.

Amendment of the Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 200611.

In the Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 200622, in article 85 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to this Order.”.

Amendment of the Avian Influenza (Vaccination) (England) Regulations 200612.

In the Avian Influenza (Vaccination) (England) Regulations 200623, in regulation 23 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act24 relating to these Regulations.”.

Revocation of the Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 200613.

The Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 200625 are revoked.

Amendment of the Avian Influenza (H5N1 in Poultry) (England) Order 200614.

In the Avian Influenza (H5N1 in Poultry) (England) Order 200626, in article 24 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to this Order.”.

Amendment of the Avian Influenza (H5N1 in Wild Birds) (England) Order 200615.

In the Avian Influenza (H5N1 in Wild Birds) (England) Order 200627, in article 25 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.”.

Amendment of the Welfare of Animals (Transport) (England) Order 200616.

In the Welfare of Animals (Transport) (England) Order 200628, in article 29 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under this Order or under section 72 or 73 of the Act relating to this Order.”.

Amendment of the Diseases of Animals (Approved Disinfectants) (England) Order 200717.

In the Diseases of Animals (Approved Disinfectants) (England) Order 200729, in article 12 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.”.

Amendment of the Cattle Identification Regulations 200718.

In the Cattle Identification Regulations 200730—

(a)

in regulation 2 (interpretation), in paragraph (1), after the definition of “cattle passport” insert—
““Commission Regulation (EC) No 494/98” means Commission Regulation (EC) No 494/98 laying down detailed rules for the implementation of Council Regulation (EC) No 820/97 as regards the application of minimum administrative sanctions in the framework of the system for the identification and registration of bovine animals31;”;

(b)

in regulation 10 (powers of inspectors), for paragraph (1)(c) substitute—

“(c)

Commission Regulation (EC) No 494/98;”;

(c)

in regulation 12 (slaughter of unmarked animals), omit “the veterinary authority and”; and

(d)

in regulation 16 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

Amendment of the Tuberculosis (England) Order 200719.

In the Tuberculosis (England) Order 200732, in article 23 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to this Order.”.

Amendment of the Welfare of Farmed Animals (England) Regulations 200720.

In the Welfare of Farmed Animals (England) Regulations 200733, in regulation 8 (prosecutions), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

Amendment of the Zoonoses (Monitoring) (England) Regulations 200721.

In the Zoonoses (Monitoring) (England) Regulations 200734, in regulation 8 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

Amendment of the Control of Salmonella in Poultry Order 200722.

(1)

The Control of Salmonella in Poultry Order 200735 is amended as follows.

(2)

In article 2 (interpretation), after the definition of “chick” insert—
““Commission Regulation (EU) No 200/2010” means Commission Regulation (EU) No 200/2010 implementing Regulation (EC) No 2160/2003 as regards a Union target for the reduction of the prevalence of Salmonella serotypes in adult breeding flocks of Gallus gallus36;
“Commission Regulation (EU) No 517/2011” means Commission Regulation (EU) No 517/2011 implementing Regulation (EC) No 2160/2003 as regards a Union target for the reduction of the prevalence of certain Salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No 2160/2003 and Commission Regulation (EU) No 200/201037;”.

(3)

In article 3 (competent authority), for paragraphs (a) and (b) (but not the “and” at the end) substitute—

“(a)

Commission Regulation (EU) No 200/2010;

(b)

Commission Regulation (EU) No 517/2011;”.

(4)

In article 13 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.”.

(5)

In the Schedule—

(a)

in paragraph 8 (method of sampling during the laying period)—

(i)

for “Commission Regulation (EC) No 1003/2005” substitute “Commission Regulation (EU) No 200/2010”, and

(ii)

for “Commission Regulation (EC) No 1168/2006” substitute “Commission Regulation (EU) No 517/2011”; and

(b)

in paragraph 12 (duties on the person in charge of a laboratory)—

(i)

in sub-paragraph (3)(a), for “3.1.2 of the Annex to Commission Regulation (EC) No 1003/2005” substitute “3.1.3 of the Annex to Commission Regulation (EU) No 200/2010”,

(ii)

in sub-paragraph (3)(b), for “3.1.3” substitute “3.1.4”, and

(iii)

in sub-paragraph (4)(a), for “Commission Regulation (EC) No 1168/2006” substitute “Commission Regulation (EU) No 517/2011”.

Amendment of the Products of Animal Origin (Disease Control) (England) Regulations 200823.

In the Products of Animal Origin (Disease Control) (England) Regulations 200838, in regulation 24 (enforcement)—

(a)

re-number the existing provision as paragraph (1); and

(b)

after that provision add—

“(2)

For the purposes of paragraph (1)(a) or where the Secretary of State makes a direction under paragraph (1)(b), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act39 relating to these Regulations.”.

Amendment of the Specified Animal Pathogens Order 200824.

In the Specified Animal Pathogens Order 200840, in article 11 (enforcement)—

(a)

re-number the existing provision as paragraph (1); and

(b)

after that provision add—

“(2)

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.”.

Amendment of the Bluetongue Regulations 200825.

In the Bluetongue Regulations 200841—

(a)

in regulation 27 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”; and

(b)

in regulation 30(4) (publication of first review report), for “the end of” to the end substitute “24th August 2017”.

Amendment of the Environmental Damage (Prevention and Remediation) Regulations 200926.

In the Environmental Damage (Prevention and Remediation) Regulations 200942, in regulation 12 (enforcement), after paragraph (2) add—

“(3)

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

Amendment of the Ozone-Depleting Substances (Qualifications) Regulations 200927.

In the Ozone-Depleting Substances (Qualifications) Regulations 200943, in regulation 7 (enforcement and authorised persons), after paragraph (4) insert—

“(4A)

Where the Secretary of State makes a direction under paragraph (4), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

Amendment of the Control of Salmonella in Broiler Flocks Order 200928.

In the Control of Salmonella in Broiler Flocks Order 200944—

(a)

in article 2 (interpretation), after the definition of “broiler flock” insert—
““Commission Regulation (EU) No 200/2012” means Commission Regulation (EU) No 200/2012 concerning a Union target for the reduction of Salmonella enteritidis and Salmonella typhimurium in flocks of broilers, as provided for in Regulation (EC) No 2160/200345;”;

(b)

in article 3 (competent authority), for paragraph (a) (but not the “and” at the end) substitute—

“(a)

Commission Regulation (EU) No 200/2012;”;

(c)

in article 5 (sampling), in paragraph (1)—

(i)

for “Regulation (EC) No 646/2007” substitute “Commission Regulation (EU) No 200/2012”,

(ii)

for “3.1” substitute “2.2.4”, and

(iii)

for ““express post”” substitute ““express mail””;

(d)

in article 8 (duties of the person in charge of a laboratory), for “Regulation (EC) No 646/2007” substitute “Commission Regulation (EU) No 200/2012”; and

(e)

in article 14 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.”.

Amendment of the Fluorinated Greenhouse Gases Regulations 200929.

In the Fluorinated Greenhouse Gases Regulations 200946, in regulation 56 (enforcement), after paragraph (2) insert—

“(2A)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

Amendment of the Swine Vesicular Disease Regulations 200930.

In the Swine Vesicular Disease Regulations 200947, in regulation 45 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

Amendment of the Eggs and Chicks (England) Regulations 200931.

In the Eggs and Chicks (England) Regulations 200948, in regulation 17 (enforcement), after paragraph (3) insert—

“(3A)

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

Amendment of the Sheep and Goats (Records, Identification and Movement) (England) Order 200932.

In the Sheep and Goats (Records, Identification and Movement) (England) Order 200949, in article 41 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.”.

Amendment of the Control of Salmonella in Turkey Flocks Order 200933.

In the Control of Salmonella in Turkey Flocks Order 200950—

(a)

in article 2 (interpretation), omit paragraph (2)(b);

(b)

in article 3 (competent authority), omit paragraph (b); and

(c)

in article 13 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.”.

Amendment of the Agriculture (Cross compliance) (No. 2) Regulations 200934.

(1)

The Agriculture (Cross compliance) (No. 2) Regulations 200951 are amended as follows.

(2)

In regulation 5 (competent control authorities), after paragraph (4) add—

“(5)

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

(3)

In Schedule 1 (standards of good agricultural and environmental condition)—

(a)

for paragraph 3(2) (disapplication of prohibition on overgrazing and unsuitable supplementary feeding) substitute—

“(2)

Sub-paragraph (1) does not apply to the extent that the Secretary of State has, for reasons relating to the benefit of the environment, given a claimant written permission to do anything that would otherwise be prohibited by that sub-paragraph.”;

(b)

in paragraph 5 (management of land not in agricultural production)—

(i)

after sub-paragraph (4) insert—

“(4A)

Sub-paragraph (4) does not apply to the extent that the Secretary of State has, for reasons relating to the benefit of the environment, given the claimant written permission not to do anything the claimant would otherwise be required to do by that sub-paragraph.”, and

(ii)

for sub-paragraph (10) (disapplication of certain provisions relating to management of land not in agricultural production) substitute—

“(10)

Sub-paragraphs (5), (6) and (7) do not apply to the extent that the Secretary of State has, for reasons relating to the benefit of the environment, given the claimant or person (as the case may be) written permission to do anything that would otherwise be prohibited by any of those sub-paragraphs.”; and

(c)

for paragraph 6(2) (disapplication of obligation to take all reasonable steps to prevent the spread of specified weeds) substitute—

“(2)

Sub-paragraph (1) does not apply to the extent that the Secretary of State has, for reasons relating to the benefit of the environment, given the claimant written permission not to take all such reasonable steps in relation to any of the weeds listed.”.

Amendment of the Poultry Compartments (England) Order 201035.

In the Poultry Compartments (England) Order 201052, in article 4(1)(a)—

(a)

for “certified” substitute “approved”; and

(b)

for “certification” substitute “approval”.

Amendment of the Animal Gatherings Order 201036.

In the Animal Gatherings Order 201053, in article 13 (enforcement), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.”.

Amendment of the Transmissible Spongiform Encephalopathies (England) Regulations 201037.

In the Transmissible Spongiform Encephalopathies (England) Regulations 201054, in regulation 20 (enforcement), after paragraph (4) add—

“(5)

For the purposes of paragraph (1) or where the Secretary of State makes a direction under paragraph (4), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations. ”.

Amendment of the Beef and Veal Labelling Regulations 201038.

In the Beef and Veal Labelling Regulations 201055, in regulation 3 (the enforcement authorities), after paragraph (2) add—

“(3)

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

Amendment of the Poultrymeat (England) Regulations 201139.

(1)

The Poultrymeat (England) Regulations 201156 are amended as follows.

(2)

In regulation 9 (enforcement), after paragraph (4) insert—

“(4A)

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

(3)

In regulation 11 (powers of entry)—

(a)

in paragraph (1), for “enter any premises” substitute “, on giving reasonable notice, enter premises (except premises used wholly or mainly as a private dwellinghouse)”;

(b)

after paragraph (1) insert—

“(1A)

The requirement to give notice does not apply—

(a)

where reasonable efforts to agree an appointment have failed;

(b)

where an authorised officer reasonably believes that giving notice would defeat the object of the entry;

(c)

where an officer has a reasonable suspicion of a breach of these Regulations; or

(d)

in an emergency.”;

(c)

omit paragraph (4); and

(d)

in paragraph (12)(a), for “one month” substitute “three months”.

Amendment of the Animal By-Products (Enforcement) (England) Regulations 201140.

In the Animal By-Products (Enforcement) (England) Regulations 201157, in regulation 21 (enforcement authority), after paragraph (2) insert—

“(2A)

For the purposes of paragraph (1)(c) or where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations. ”.

Amendment of the Trade in Animals and Related Products Regulations 201141.

In the Trade in Animals and Related Products Regulations 201158, in regulation 32 (enforcement), after paragraph (5) insert—

“(5A)

For the purposes of paragraph (1)(a) or where the Secretary of State makes a direction under paragraph (5), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations. ”.

Amendment of the Energy Information Regulations 201142.

In the Energy Information Regulations 201159, in regulation 4 (enforcement), after paragraph (3) add—

“(4)

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”.

Amendment of the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 201143.

In the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 201160—

(a)

in regulation 2 (interpretation), after the definition of “the EU Regulation” insert—

““marine area” has the meaning given in paragraph 1(1) of Schedule 1;”;

(b)

in regulation 7 (enforcement), after paragraph (2) insert—

“(2A)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”; and

(c)

in regulation 8(3) (powers of enforcing authorities and persons authorised by them), for “offshore area” substitute “marine area”.

Amendment of the Pigs (Records, Identification and Movement) Order 201144.

In the Pigs (Records, Identification and Movement) Order 201161, in article 25 (enforcement), after paragraph (2) insert—

“(2A)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.”.

Amendment of the Non-Commercial Movement of Pet Animals Order 201145.

In the Non-Commercial Movement of Pet Animals Order 201162, in article 13 (enforcement authority), after paragraph (2) add—

“(3)

Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under this Order.”.

Amendment of the Wine Regulations 201146.

In the Wine Regulations 201163—

(a)

in regulation 3 (official functions and enforcement), after paragraph (8) insert—

“(8A)

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.”; and

(b)

in regulation 9 (warrant), in paragraph (1), for “the authorised officer” substitute “an authorised officer”.

David Heath
Minister of State
Department for Environment, Food and Rural Affairs
EXPLANATORY NOTE
(This note is not part of the Order)

This Order makes amendments to several enactments which fall within the policy responsibility of the Department for Environment, Food and Rural Affairs.

Articles 2 to 12, 14 to 34 and 36 to 46 amend the enactments to provide that the Secretary of State may delegate the prosecution of offences under the enactments to the Director of Public Prosecutions.

The Order makes further amendments as follows.

Article 5 amends the Disease Control (England) Order 2003 (S.I. 2003/1729) to clarify the position with respect to movements of animals into England from Scotland or Wales.

Article 13 revokes the Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006 (S.I. 2006/2821).

Article 18 amends the Cattle Identification Regulations 2007 (S.I. 2007/529) to update references to EU legislation.

Article 22 amends the Control of Salmonella in Poultry Order 2007 (S.I. 2007/3574) to update references to EU legislation.

Article 25 amends the Bluetongue Regulations 2008 (S.I. 2008/962), correcting an error referred to in the 10th Report of Session 2012-13 of the Joint Committee on Statutory Instruments (HL Paper 60; HC 135-x, published on 13th November 2012). The amendment is to the date by which the Secretary of State must publish the first report reviewing the Regulations.

Article 28 amends the Control of Salmonella in Broiler Flocks Order 2009 (S.I. 2009/260) to update references to EU legislation.

Article 33 amends the Control of Salmonella in Turkey Flocks Order 2009 (S.I. 2009/3271) to correct references to EU legislation.

Article 34 amends the Agriculture (Cross compliance) (No. 2) Regulations 2009 (S.I. 2009/3365), correcting errors referred to in the 42nd Report of Session 2010-12 of the Joint Committee on Statutory Instruments (HL Paper 271; HC 354-xlii, published on 13th March 2012). It amends certain provisions relating to the standard of good agricultural condition which apply as minimum requirements for the purposes of Article 6 of, and Annex 3 to, Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (OJ No L 30, 31.1.2009, p.16). The amendments are to the exemptions that the Secretary of State may give from the rules on overgrazing and unsuitable supplementary feeding, the management of land not in agricultural production and the control of weeds.

Article 35 amends the Poultry Compartments (England) Order 2010 (S.I. 2010/108) to change references in article 4(1)(a) to “certified” and “certification”. In so doing, it corrects errors referred to in the 10th Report of Session 2009-10 of the Joint Committee on Statutory Instruments (HL Paper 87; HC 3-x, published on 16th March 2010).

Article 39 amends the Poultrymeat (England) Regulations 2011 (S.I. 2011/452) to modify the powers of entry for officers to enforce those Regulations.

Article 43 amends the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011 (S.I. 2011/1543), correcting errors referred to in the 29th Report of Session 2010-12 of the Joint Committee on Statutory Instruments (HL Paper 205; HC 354-xxvix, published on 25th October 2011). Regulation 8(3) is amended so that it provides that the powers described in that regulation are extended to the marine area, not offshore area, and a definition of “marine area” is inserted into regulation 2.

Article 46 amends the Wine Regulations 2011 (S.I. 2011/2936) to clarify which officers may enter premises to enforce those Regulations. This corrects an error referred to in the 41st Report of Session 2010-12 of the Joint Committee on Statutory Instruments (HL Paper 268; HC 354-xli, published on 6th March 2012).

The Reports of the Joint Committee on Statutory Instruments referred to in this Note are available on Parliament’s website at www.parliament.uk.

No impact assessment has been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.