The Animal Health and Welfare (Amendment) (No. 2) Regulations (Northern Ireland) 2019

Statutory Rules of Northern Ireland

2019 No. 197

Agriculture

Animals

The Animal Health and Welfare (Amendment) (No. 2) Regulations (Northern Ireland) 2019

Made

8th October 2019

Coming into operation

30th October 2019

The Department of Agriculture, Environment and Rural Affairs(1) is designated(2) for the purpose of section 2(2) of the European Communities Act 1972(3) in relation to common agricultural policy of the European Union and makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, that Act.

Citation, commencement and interpretation

1.  These Regulations may be cited as the Animal Health and Welfare (Amendment) (No. 2) Regulations (Northern Ireland) 2019 and shall come into operation on 30th October 2019.

2.  The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendments to the Exotic Disease Provisions

3.—(1) Schedule 1 amends the Exotic Disease Provisions.

(2) For the purposes of these Regulations, “the Exotic Disease Provisions” means—

(a) the Foot-and-Mouth Disease Regulations (Northern Ireland) 2006(5);

(b) the Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006(6);

(c) the Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007(7); and

(d) the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007(8).

Amendments to the Zoonotic Disease Provisions

4.—(1) Schedule 2 amends the Zoonotic Disease Provisions.

(2) For the purposes of these Regulations, “the Zoonotic Disease Provision” means—

(a) the Control of Salmonella in Poultry Scheme Order (Northern Ireland) 2008(9);

(b) the Scrapie (Fees) Regulations (Northern Ireland) 2008(10); and

(c) the Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009(11).

Amendments to the Trade in Animals and Related Products Regulations (Northern Ireland) 2011

5.—(1) The Trade in Animals and Related Products Regulations (Northern Ireland) 2011(12) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of “product”, after “97/78/EC” insert “, as last amended by Commission Implementing Decision (EU) 2016/1196”.

(3) In regulation 23(4) (action following failure of checks or seizure-animals), after “embryos of equidae” insert “, as amended by Commission Implementing Regulation (EU) 2018/1301”.

(4) In Schedule 3, in paragraph 10 (horses), after “embryos of equidae” insert “, as amended by Commission Implementing Regulation (EU) 2018/1301”.

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 8th October 2019

Catherine Fisher

A senior officer of the Department of Agriculture, Environment and Rural Affairs

SCHEDULES

Regulation 3(1)

SCHEDULE 1 Amendments to the Exotic Disease Provisions

Amendments to the Foot-and-Mouth Disease Regulations (Northern Ireland) 2006

1.—(1) The Foot-and-Mouth Disease Regulations (Northern Ireland) 2006 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “Regulation (EC) No. 1069/2009”, for “Council Regulation (EU) No. 1385/2013” substitute “Regulation (EU) 2019/1009”; and

(b) in the definition of “Regulation (EU) No. 142/2011”, for “Commission Regulation (EU) 2017/1262” substitute “Commission Implementing Regulation (EU) 2019/1177”.

Amendment to the Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006

2.  In regulation 2(1) (interpretation) of the Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006, in the definition of “Database”, at the end omit “)”.

Amendments to the Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007

3.—(1) The Avian Influenza (H5N1 in Poultry) Regulations (Northern Ireland) 2007 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “Regulation (EC) No. 1069/2009”, for “Council Regulation (EU) No. 1385/2013” substitute “Regulation (EU) 2019/1009”; and

(b) in the definition of “Regulation (EU) No 142/2011”, for “Council Regulation (EU) 2017/1262” substitute “Commission Implementing Regulation (EU) 2019/1177”.

Amendments to the Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007

4.—(1) The Avian Influenza (H5N1 in Wild Birds) Regulations (Northern Ireland) 2007 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “Regulation (EC) No 854/2004”, for “Commission Regulation (EU) 2015/2285” substitute “Commission Regulation (EU) 2017/1979”;

(b) in the definition of “Regulation (EC) No. 1069/2009”, for “Council Regulation (EU) No. 1385/2013” substitute “Regulation (EU) 2019/1009”; and

(c) in the definition of “Regulation (EU) No 142/2011”, for “Commission Regulation (EU) 2017/1262” substitute “Commission Implementing Regulation (EU) 2019/1177”.

Regulation 4(1)

SCHEDULE 2 Amendments to the Zoonotic Disease Provisions

Amendments to the Control of Salmonella in Poultry Scheme Order (Northern Ireland) 2008

1.—(1) The Control of Salmonella in Poultry Scheme Order (Northern Ireland) 2008 is amended as follows.

(2) In the Schedule, in paragraph 5 (competent authority)—

(a) in sub-paragraph (b), for “Commission Regulation (EU) No 517/2011” substitute “Commission Regulation (EU) 2019/268”; and

(b) in sub-paragraph (c), after “200/2010” insert “, as amended by Commission Regulation (EU) 2019/268”.

Amendment to the Scrapie (Fees) Regulations (Northern Ireland) 2008

2.  In regulation 2(1) (interpretation) of the Scrapie (Fees) Regulations (Northern Ireland) 2008, in the definition of “the Community TSE Regulation”, for “Commission Regulation (EU) No 2018/969” substitute “Commission Regulation (EU) 2019/1091”.

Amendment to the Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009

3.  In the Control of Salmonella in Broiler Flocks Scheme Order (Northern Ireland) 2009, in the Schedule, in paragraph 3(b), after “2160/2003” insert “, as amended by Commission Regulation (EU) 2019/268”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make minor amendments to miscellaneous legislation relating to animal disease and trade in animals and animal related products. The Regulations update provisions in that legislation which refer to EU legislation that has been amended.

An impact assessment has not been produced for these Regulations as no impact on the private or voluntary sector is foreseen.

(1)

Formerly the Department of Agriculture and Rural Development (DARD see section 3(4) of the Departments (Northern Ireland) Order 1999 (S.I. 1999/283 (N.I. 1)). DARD was renamed the Department of Agriculture, Environment and Rural Affairs (DAERA) by Article 1(2) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.)).

(2)

S.I. 2000/2812

(3)

1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) (the 2006 Act) and by Part 1 of Schedule 1 to the European Union (Amendment) Act 2008 (c.7) (the 2008 Act). Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act and by Part 1 of Schedule 1 to the 2008 Act. Section 2(2) and paragraph 1A of Schedule 2 are prospectively amended by section 1 of the European Union (Withdrawal) Act 2018 (c.16) from exit day (see section 20 of that Act).

(4)

1954 c. 33 (N.I.)

(5)

S.R. 2006 No. 42, to which relevant amendments were made by S.R. 2011 No. 124 and S.R. 2019 No. 82.

(6)

S.R. 2006 No. 43, to which a relevant amendment was made by S.R. 2019 No. 82.

(7)

S.R. 2007 No. 207, to which a relevant amendment was made by S.R. 2019 No. 82.

(8)

S.R. 2007 No. 208, to which a relevant amendment was made by S.R. 2019 No. 82.

(9)

S.R. 2008 No. 263, to which a relevant amendment was made by S.R. 2019 No. 82.

(10)

S.R. 2008 No. 456, to which a relevant amendment was made by S.R. 2019 No. 82.

(11)

S.R. 2009 No. 205, to which a relevant amendment was made by S.R. 2019 No. 82.

(12)

S.R. 2011 No. 438, to which a relevant amendment was made by S.R. 2019 No. 82.