Scottish Statutory Instruments

2012 No. 178

Animals

Animal Health

The African Horse Sickness (Scotland) Order 2012

Made

29th May 2012

Laid before the Scottish Parliament

31st May 2012

Coming into force

1st July 2012

The Scottish Ministers make the following Order in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and sections 1, 7(1), 8(1), 15(4), 17(1), 23, 25, 28, 35(1) and (3), 83(2), 87(2) and 88(2) of the Animal Health Act 1981(2) and all other powers enabling them to do so(3).

(1)

1972 c.68 (“the 1972 Act”). Section 2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The powers in section 2(2) are exercised in regard to articles 12(1), (2) and (3)(a), 16(6)(e) and 32 of this Order. The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

(2)

1981 c.22 (“1981 Act”). Section 8 was amended by paragraph 1 of schedule 2 to the Animal Health and Welfare (Scotland) Act 2006 (asp 11). The functions conferred upon “the Ministers” (as defined in section 86 of the 1981 Act) were transferred, insofar as within devolved competence, to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(3)

The powers to make this Order are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Order is subject to the negative procedure by virtue of section 33(4) of that Act.