Explanatory Note
(This note is not part of the Regulations)
These Regulations are made by the Scottish Ministers in exercise of the powers conferred by paragraphs 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”) and by section 2(2) and paragraph 1A of schedule 2 of the European Communities Act 1972 (c.68) (“the 1972 Act”). The Regulations are made in order to address failures of EU-derived domestic law to operate effectively and other deficiencies that would otherwise arise as a result of the withdrawal of the UK from the European Union. The Regulations also make amendments under section 2(2) of the 1972 Act in the field of common market organisations for certain agricultural products to make minor corrections and update references in relation to a number of EU instruments referred to in the instruments being amended, for the purposes of ensuring enforceability of current law.
Regulation 2 amends the Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003 to fix deficiencies and is made in exercise of powers conferred by paragraph 1(1) and (3) of schedule 2 of the 2018 Act.
Regulation 3 amends the Reporting of Prices of Milk Products (Scotland) Regulations 2005 to fix deficiencies and is made in exercise of powers conferred by paragraph 1(1) and (3) of schedule 2 of the 2018 Act.
Regulation 4 amends the Eggs and Chicks (Scotland) (No. 2) Regulations 2008, which implement and relate to EU measures providing for marketing standards and related measures as regards eggs and chicks. Regulation 4 fixes deficiencies which arise as a result of the withdrawal of the UK from the European Union and is made in exercise of powers conferred by paragraph 1(1) and (3) of schedule 2 of the 2018 Act. Regulation 4 also updates cross-references to EU instruments, and those updates are made in exercise of section 2(2) of the 1972 Act, in order to provide for enforcement of the current EU marketing standards.
Regulation 5 amends the Poultrymeat (Scotland) Regulations 2011, which provide for enforcement of EU marketing standards for poultrymeat. Regulation 5 fixes deficiencies that would otherwise arise as a result of withdrawal of the UK from the European Union and is made in exercise of powers conferred by paragraph 1(1) and (3) of schedule 2 of the 2018 Act. Regulation 5 also makes minor corrections to cross-references to EU instruments to ensure provision for enforcement of the currently applicable EU marketing standards. Those corrections are made in exercise of section 2(2) of the 1972 Act.
Regulation 6 amends the Milk and Other Products (Pupils in Educational Establishments) (Scotland) Regulations 2017 to fix deficiencies and is made in exercise of powers conferred by paragraph 1(1) and (3) of schedule 2 of the 2018 Act.
All the amendments are to ensure the enforcement of marketing standards and common market organisation in these product sectors operates effectively after EU exit.
No Business and Regulatory Impact Assessment has been prepared in relation to these Regulations as no significant impact upon business, charities or voluntary bodies is foreseen.