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

Enforcement S

27.—(1) At a [F1 border control post] these Regulations are enforced—

(a) in relation to animals by the Scottish Ministers; and

(b) in relation to products by the local authority.

(2) Outside a [F1 border control post], these Regulations are enforced—

[F2 (za) in relation to aquatic animals and aquaculture animal products by the Scottish Ministers;]

(a) in relation to animals [F3 , other than those mentioned in sub-paragraph (za),] by the local authority;

(b) in relation to products [F4 , other than those mentioned in sub-paragraph (za),]—

(i) except where head (ii) applies, by the local authority; or

(ii) by the [F5 Food Standards Scotland] at any cutting plant, game-handling establishment or slaughterhouse, or premises at which the Agency enforces the Food Hygiene (Scotland) Regulations 2006 M1 .

(3) In addition, in relation to products, these Regulations are enforced by a general customs official in any place (other than the inspection facilities in a [F1 border control post]) where goods are subject to customs supervision by that official under [F6 the Taxation (Cross-border Trade) Act 2018.]

(4) The Scottish Ministers may direct, in relation to cases of a particular description or a particular case, that the Scottish Ministers will discharge any duty imposed on a local authority under this regulation.

(5) The Scottish Ministers may recover from the local authority concerned any expenses reasonably incurred by them under paragraph (4).

[F7 (6) Where a customs officer exercising a statutory function at any place under customs supervision discovers any animal or product suspected of being non-compliant, that officer must detain it and notify such detention to an authorised officer of the relevant enforcement authority.]

[F8 (7) In paragraph (2)(za)—

“aquatic animal” has the same meaning as in Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals; and

“aquaculture animal product” means any product of an aquaculture animal to which Article 6(1), 8(1) or (3) or 12(1) of Commission Regulation (EC) No 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species applies.]

Textual Amendments

F1 Words in reg. 27(1)(2)(3) substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(23)(a)

F2 Reg. 27(2)(za) inserted (8.1.2016) by The Trade in Animals and Related Products (Scotland) Amendment Regulations 2015 (S.S.I. 2015/401), regs. 1(1), 2(2)(a)(i) (with reg. 3)

F3 Words in reg. 27(2)(a) inserted (8.1.2016) by The Trade in Animals and Related Products (Scotland) Amendment Regulations 2015 (S.S.I. 2015/401), regs. 1(1), 2(2)(a)(ii) (with reg. 3)

F4 Words in reg. 27(2)(b) inserted (8.1.2016) by The Trade in Animals and Related Products (Scotland) Amendment Regulations 2015 (S.S.I. 2015/401), regs. 1(1), 2(2)(a)(iii) (with reg. 3)

F5 Words in reg. 27(2)(b)(ii) substituted (1.4.2015) by The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (S.S.I. 2015/100), arts. 1(2), 2, sch. para. 31

F6 Words in reg. 27(3) substituted (31.12.2020) by The Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/458), regs. 1(3), 2(22)

F7 Reg. 27(6) substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(23)(b)

F8 Reg. 27(7) inserted (8.1.2016) by The Trade in Animals and Related Products (Scotland) Amendment Regulations 2015 (S.S.I. 2015/401), regs. 1(1), 2(2)(b) (with reg. 3)

Marginal Citations

M1 S.S.I. 2006/3, to which there are amendments not relevant to these Regulations.