Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquacultureU.K.
This section has no associated Explanatory Memorandum
42.—(1) Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture is amended as follows.
[(1A) In Article 23, for the second and third paragraphs substitute—
“To facilitate the sharing of information contained in its register, the appropriate authority must use the information system set out in Commission Regulation 535/2008.
The appropriate authority may, by regulations, amend provisions of Commission Regulation 535/2008 relating to the establishment and development of an information system.”.]
(2) In Article 24—
(a)for paragraph 1 substitute—
“1. The appropriate authority may, by regulations, amend Annex 1 or 3 in order to adapt them to technical and scientific progress.
1A. The Secretary of State may, by regulations—
(a)amend Annex 2 in order to adapt it to technical and scientific progress;
(b)amend Annex 4 so as to add a species.
[(c)amend Article 2 of Commission Regulation (EC) 535/2008 to adapt the specifications for the conditions necessary for adding species to Annex 4, as provided for in paragraph 3.”];
(b)omit paragraph 2;
(c)in paragraph 3—
(i)for the words from “In order” to “have” substitute “ Regulations under paragraph 1A(b) may only be made where the Secretary of State is satisfied that the aquatic organism has ”, and
(ii)for “Union” substitute “ United Kingdom ”;
(d)after paragraph 3 insert—
“3A. In paragraph 3, “long time (with reference to its life cycle)” and “adverse effect” have the meanings given in Article 2 of Commission Regulation (EC) No 535/2008.”; and
(e)omit paragraphs 4 to 6.
(3) Omit Articles 24a to 24c.
(4) Before Article 25 insert—
“Article 24dU.K.Regulations: devolved legislative function
1. This Article applies to regulations made under Article [Articles 23 and 24(1)].
2. Regulations made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument.
3. For regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5. A statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
6. A statutory instrument containing regulations made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
7. Regulations made by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. Such regulations may—
(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 ));
(b)make different provision for different purposes.
Article 24eU.K.Regulations: consent required
1. This Article applies to regulations made under Article 24(1A).
2. The Secretary of State may only make regulations in relation to the whole of [Great Britain].
3. The Secretary of State may not make regulations without the consent of—
(a)in relation to Wales, the Welsh Ministers;
(b)in relation to Scotland, the Scottish Ministers;
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. Where [either] of the parties mentioned in paragraph 3(a) [or (b)] requests that the Secretary of State make regulations to which this Article applies, the Secretary of State must have regard to that request.
5. Regulations made by the Secretary of State are to be made by statutory instrument.
6. A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
7. Such regulations may—
(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));
(b)make different provision for different purposes.”.
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