The Trade in Animals and Related Products (Scotland) Regulations 2012

Regulation 37

SCHEDULE 4 Consequential amendments

Bluetongue (Scotland) Order 2008

1.  In the Bluetongue (Scotland) Order 2008(1)—

(a) for article 6(b)(exemptions) substitute—

“(b) any border inspection post within the meaning of, and for so long as it remains approved for the purposes of, regulation 11 of the Trade in Animals and Related Products (Scotland) Regulations 2012(2).”; and

(b) after article 18 insert—

“PART 3A Exports

18A.— (1) A person must not export to a third country any animal, semen, ovum or embryo unless it complies 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(3).

(2) An inspector who has reasonable cause to suspect that a person intends to export any animal, semen, ovum or embryo in contravention of this article may by notice served on that person, that person’s representative or the person appearing to be in charge of the animal, semen, ovum or embryo, prohibit that export and require the person on whom the notice is served to take the animal, semen, ovum or embryo to such places as may be specified in the notice and to take such further action in relation to it as may be specified in the notice.

(3) If a notice served under paragraph (2) is not complied with, an inspector may seize any animal or thing to which it relates and arrange for the requirements of the notice to be complied with at the expense of the person on whom the notice was served.”.

Importation of Animal Products and Poultry Products Order 1980

2.  After article 1 of the Importation of Animal Products and Poultry Products Order 1980(4) insert—

“Scope

1A.   This Order does not apply in relation to any importation in relation to which the Trade in Animals and Related Products (Scotland) Regulations 2012(5) apply.”.

Official Feed and Food Controls (Scotland) Regulations 2009

3.  In Schedule 3 (definition of relevant food law) to the Official Feed and Food Controls (Scotland) Regulations 2009(6), for sub-head (vii) of paragraph (a) substitute—

“(vii) the regulation of the import of and trade in products of animal origin under the Trade in Animals and Related Products (Scotland) Regulations 2012, with the exception of the execution and enforcement under regulation 27 of those Regulations by the Agency;”.

Fishery Products (Official Controls Charges) (Scotland) Regulations 2007

4.  In regulation 2 (interpretation) of the Fishery Products (Official Controls Charges) (Scotland) Regulations 2007(7), for the definition of “third country import” substitute—

““third country import” means an import in respect of which a charge is payable under Regulation 882/2004.”.

The Swine Vesicular Disease (Scotland) Order 2009

5.  For article 3(1)(b) (application) of the Swine Vesicular Disease (Scotland) Order 2009(8) substitute—

“(b) any border inspection post within the meaning of, and for so long as it remains approved for the purposes of, regulation 11 of the Trade in Animals and Related Products (Scotland) Regulations 2012.”.

The Aquatic Animal Health (Scotland) Regulations 2009

6.  In regulation 19(5) (disease prevention requirements in respect of transport) of the Aquatic Animal Health (Scotland) Regulations 2009(9), for paragraph (a) substitute—

“(a) “border inspection post” means a border inspection post within the meaning of, and for so long as it remains approved for the purposes of, regulation 11 of the Trade in Animals and Related Products (Scotland) Regulations 2012;”.

The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974

7.  In article 4(11)(a)(ii) (prohibition on landing of animals in Great Britain) of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974(10) for “Animals and Animal Products (Import and Export) (Scotland) Regulations 2007” substitute “Trade in Animals and Related Products (Scotland) Regulations 2012”.

(1)

S.S.I. 2008/11, to which there are amendments not relevant to these Regulations.

(2)

S.S.I. 2012/177.

(3)

OJ L 283, 27.10.2007, p.37, as last amended by Commission Implementing Regulation (EU) No 648/2011 (OJ L 176, 5.7.2011, p.18).

(4)

S.I. 1980/14 to which there are amendments not relevant to these Regulations.

(5)

S.S.I. 2012/177.

(6)

S.S.I. 2009/446 to which there are amendments not relevant to these Regulations.

(7)

S.S.I. 2007/537, as relevantly amended by S.S.I. 2008/98.

(8)

S.S.I. 2009/173.

(9)

S.S.I. 2009/85, to which there are amendments not relevant to these Regulations.

(10)

S.I. 1974/2211, article 4(11) was inserted by paragraph 3(h) of the Schedule 2 to the Non-Commercial Movement of Pet Animals Order 2011 (S.I 2011/2883).