2012 No. 2897
The Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012
Made
Laid before Parliament
Coming into force
The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 M1 in relation to the common agricultural policy of the European Union and medicinal products M2, measures in the veterinary and phytosanitary fields for the protection of public health M3, food (including drink) including the primary production of food M4, the environment M5 and the environmental aspects of product design M6.
The Secretary of State makes this Order in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M7 and sections 1 and 8(1) of the Animal Health Act 1981 M8.
S.I. 1972/1811; the function of the former Minister of Agriculture, Fisheries and Food of making subordinate legislation under section 2(2) was transferred to the Secretary of State by article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).
S.I. 1999/2027; the function of the former Minister of Agriculture, Fisheries and Food of making subordinate legislation under section 2(2) was transferred to the Secretary of State by article 2(2) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002.
The power of the Secretary of State to make an Order in relation to Wales remains exercisable by virtue of paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c.32). The power of the Secretary of State to make an Order extending to Scotland remains exercisable by virtue of section 57(1) of the Scotland Act 2008 (c.46). The power of the Secretary of State to make an Order extending to Northern Ireland remains exercisable by virtue of article 3(2) of the European Communities (Designation) (No 3) Order 2000 (S.I. 2000/1812) and article 2(a) of the European Communities (Designation) Order 2008 (S.I. 2008/301).
1981 c.22. There are amendments to section 8 of the Animal Health Act 1981 which are not relevant to this Order. Functions conferred under that Act on “the Ministers” (as defined in section 86) are now exercisable in relation to England by the Secretary of State. Functions of “the Ministers” in relation to England were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141). Functions of the Minister of Agriculture, Fisheries and Food were then transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002.
Citation, commencement and extent1
1
This Order may be cited as the Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012 and comes into force on 24th December 2012.
2
This Order, except as provided in paragraphs (3) and (4), extends to England and Wales.
3
Article 43(a) and (c) has the same extent as the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011 M9.
4
Article 46(b) extends to the United Kingdom.
Amendment of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 19972
In the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 M10, in regulation 23 (offences, penalties and enforcement), after paragraph (3) insert—
3A
The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Seeds (National Lists of Varieties) Regulations 20013
In the Seeds (National Lists of Varieties) Regulations 2001 M11, in regulation 22 (enforcement)—
a
re-number the existing provision as paragraph (1); and
b
after that provision add—
2
The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 20034
In the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 2003 M12, in article 10 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 M13 relating to this Order.
Amendment of the Disease Control (England) Order 20035
1
The Disease Control (England) Order 2003 M14 is amended as follows.
2
For article 18 substitute—
Cross-border movements of animals into England18
1
In this article a “cross-border movement” means the movement of an animal—
a
from Scotland into England, where the movement of the animal within Scotland is carried out under the authority of a licence (general or specific) issued by an authority in Scotland which is responsible for issuing licences in relation to the movement of animals; or
b
from Wales into England, where the movement of the animal within Wales is carried out under the authority of a licence (general or specific) issued by an authority in Wales which is responsible for issuing licences in relation to the movement of animals.
2
That part of a cross-border movement which is carried out within England is treated as if it were authorised by a general licence under article 12.
3
But paragraph (2) does not apply in the case of a cross-border movement by a person specified in a notice under article 13(1)(b), if that notice prohibits movements of animals by that person generally or to premises which are the destination of the cross-border movement in question.
3
In article 22 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.
Amendment of the Olive Oil (Marketing Standards) Regulations 20036
In the Olive Oil (Marketing Standards) Regulations 2003 M15, in regulation 3 (enforcement), after paragraph (1) insert—
1A
The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Registration of Establishments (Laying Hens) (England) Regulations 20037
In the Registration of Establishments (Laying Hens) (England) Regulations 2003 M16, in regulation 10 (enforcement)—
a
re-number the existing provision as paragraph (1); and
b
after that provision add—
2
The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Foot-and-Mouth Disease (England) Order 20068
In the Foot-and-Mouth Disease (England) Order 2006 M17, in article 59 (enforcement), after paragraph (3) add—
4
For the purposes of paragraph (2) or where the Secretary of State makes a direction under paragraph (3), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to this Order.
Amendment of the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 20069
In the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006 M18, in regulation 43 (enforcement), after paragraph (3) add—
4
For the purposes of paragraph (2) or where the Secretary of State makes a direction under paragraph (3), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act M19 relating to these Regulations.
Amendment of the Avian Influenza (Preventive Measures) (England) Regulations 200610
In the Avian Influenza (Preventive Measures) (England) Regulations 2006 M20, in regulation 22 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act M21 relating to these Regulations.
Amendment of the Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 200611
In the Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 M22, in article 85 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to this Order.
Amendment of the Avian Influenza (Vaccination) (England) Regulations 200612
In the Avian Influenza (Vaccination) (England) Regulations 2006 M23, in regulation 23 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act M24 relating to these Regulations.
Revocation of the Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 200613
The Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006 M25 are revoked.
Amendment of the Avian Influenza (H5N1 in Poultry) (England) Order 200614
In the Avian Influenza (H5N1 in Poultry) (England) Order 2006 M26, in article 24 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to this Order.
Amendment of the Avian Influenza (H5N1 in Wild Birds) (England) Order 200615
In the Avian Influenza (H5N1 in Wild Birds) (England) Order 2006 M27, in article 25 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.
Amendment of the Welfare of Animals (Transport) (England) Order 200616
In the Welfare of Animals (Transport) (England) Order 2006 M28, in article 29 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under this Order or under section 72 or 73 of the Act relating to this Order.
Amendment of the Diseases of Animals (Approved Disinfectants) (England) Order 200717
In the Diseases of Animals (Approved Disinfectants) (England) Order 2007 M29, in article 12 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.
Amendment of the Cattle Identification Regulations 200718
In the Cattle Identification Regulations 2007 M30—
a
in regulation 2 (interpretation), in paragraph (1), after the definition of “cattle passport” insert—
“Commission Regulation (EC) No 494/98” means Commission Regulation (EC) No 494/98 laying down detailed rules for the implementation of Council Regulation (EC) No 820/97 as regards the application of minimum administrative sanctions in the framework of the system for the identification and registration of bovine animals M31;
b
in regulation 10 (powers of inspectors), for paragraph (1)(c) substitute—
c
Commission Regulation (EC) No 494/98;
c
in regulation 12 (slaughter of unmarked animals), omit “the veterinary authority and”; and
d
in regulation 16 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Tuberculosis (England) Order 200719
In the Tuberculosis (England) Order 2007 M32, in article 23 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to this Order.
Amendment of the Welfare of Farmed Animals (England) Regulations 200720
In the Welfare of Farmed Animals (England) Regulations 2007 M33, in regulation 8 (prosecutions), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Zoonoses (Monitoring) (England) Regulations 200721
In the Zoonoses (Monitoring) (England) Regulations 2007 M34, in regulation 8 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Control of Salmonella in Poultry Order 200722
1
The Control of Salmonella in Poultry Order 2007 M35 is amended as follows.
2
In article 2 (interpretation), after the definition of “chick” insert—
“Commission Regulation (EU) No 200/2010” means Commission Regulation (EU) No 200/2010 implementing Regulation (EC) No 2160/2003 as regards a Union target for the reduction of the prevalence of Salmonella serotypes in adult breeding flocks of Gallus gallusM36;
“Commission Regulation (EU) No 517/2011” means Commission Regulation (EU) No 517/2011 implementing Regulation (EC) No 2160/2003 as regards a Union target for the reduction of the prevalence of certain Salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No 2160/2003 and Commission Regulation (EU) No 200/2010 M37;
3
In article 3 (competent authority), for paragraphs (a) and (b) (but not the “and” at the end) substitute—
a
Commission Regulation (EU) No 200/2010;
b
Commission Regulation (EU) No 517/2011;
4
In article 13 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.
5
In the Schedule—
a
in paragraph 8 (method of sampling during the laying period)—
i
for “Commission Regulation (EC) No 1003/2005” substitute “
Commission Regulation (EU) No 200/2010
”
, and
ii
for “Commission Regulation (EC) No 1168/2006” substitute “
Commission Regulation (EU) No 517/2011
”
; and
b
in paragraph 12 (duties on the person in charge of a laboratory)—
i
in sub-paragraph (3)(a), for “3.1.2 of the Annex to Commission Regulation (EC) No 1003/2005” substitute “
3.1.3 of the Annex to Commission Regulation (EU) No 200/2010
”
,
ii
in sub-paragraph (3)(b), for “3.1.3” substitute “
3.1.4
”
, and
iii
in sub-paragraph (4)(a), for “Commission Regulation (EC) No 1168/2006” substitute “
Commission Regulation (EU) No 517/2011
”
.
Amendment of the Products of Animal Origin (Disease Control) (England) Regulations 200823
In the Products of Animal Origin (Disease Control) (England) Regulations 2008 M38, in regulation 24 (enforcement)—
a
re-number the existing provision as paragraph (1); and
b
after that provision add—
2
For the purposes of paragraph (1)(a) or where the Secretary of State makes a direction under paragraph (1)(b), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act M39 relating to these Regulations.
Amendment of the Specified Animal Pathogens Order 200824
In the Specified Animal Pathogens Order 2008 M40, in article 11 (enforcement)—
a
re-number the existing provision as paragraph (1); and
b
after that provision add—
2
The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.
Amendment of the Bluetongue Regulations 200825
In the Bluetongue Regulations 2008 M41—
a
in regulation 27 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
b
in regulation 30(4) (publication of first review report), for “the end of” to the end substitute “
24th August 2017
”
.
Amendment of the Environmental Damage (Prevention and Remediation) Regulations 200926
In the Environmental Damage (Prevention and Remediation) Regulations 2009 M42, in regulation 12 (enforcement), after paragraph (2) add—
3
The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Ozone-Depleting Substances (Qualifications) Regulations 2009F127
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Control of Salmonella in Broiler Flocks Order 200928
In the Control of Salmonella in Broiler Flocks Order 2009 M43—
a
in article 2 (interpretation), after the definition of “broiler flock” insert—
“Commission Regulation (EU) No 200/2012” means Commission Regulation (EU) No 200/2012 concerning a Union target for the reduction of Salmonella enteritidis and Salmonella typhimurium in flocks of broilers, as provided for in Regulation (EC) No 2160/2003M44;
b
in article 3 (competent authority), for paragraph (a) (but not the “and” at the end) substitute—
a
Commission Regulation (EU) No 200/2012;
c
in article 5 (sampling), in paragraph (1)—
i
for “Regulation (EC) No 646/2007” substitute “
Commission Regulation (EU) No 200/2012
”
,
ii
for “3.1” substitute “
2.2.4
”
, and
iii
for “ “express post”” substitute “
“express mail”
”
;
d
in article 8 (duties of the person in charge of a laboratory), for “Regulation (EC) No 646/2007” substitute “
Commission Regulation (EU) No 200/2012
”
; and
e
in article 14 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.
Amendment of the Fluorinated Greenhouse Gases Regulations 200929
In the Fluorinated Greenhouse Gases Regulations 2009 M45, in regulation 56 (enforcement), after paragraph (2) insert—
2A
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Swine Vesicular Disease Regulations 200930
In the Swine Vesicular Disease Regulations 2009 M46, in regulation 45 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Eggs and Chicks (England) Regulations 200931
In the Eggs and Chicks (England) Regulations 2009 M47, in regulation 17 (enforcement), after paragraph (3) insert—
3A
The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Sheep and Goats (Records, Identification and Movement) (England) Order 200932
In the Sheep and Goats (Records, Identification and Movement) (England) Order 2009 M48, in article 41 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.
Amendment of the Control of Salmonella in Turkey Flocks Order 200933
In the Control of Salmonella in Turkey Flocks Order 2009 M49—
a
in article 2 (interpretation), omit paragraph (2)(b);
b
in article 3 (competent authority), omit paragraph (b); and
c
in article 13 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.
Amendment of the Agriculture (Cross compliance) (No. 2) Regulations 200934
1
The Agriculture (Cross compliance) (No. 2) Regulations 2009 M50 are amended as follows.
2
In regulation 5 (competent control authorities), after paragraph (4) add—
5
The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
3
In Schedule 1 (standards of good agricultural and environmental condition)—
a
for paragraph 3(2) (disapplication of prohibition on overgrazing and unsuitable supplementary feeding) substitute—
2
Sub-paragraph (1) does not apply to the extent that the Secretary of State has, for reasons relating to the benefit of the environment, given a claimant written permission to do anything that would otherwise be prohibited by that sub-paragraph.
b
in paragraph 5 (management of land not in agricultural production)—
i
after sub-paragraph (4) insert—
4A
Sub-paragraph (4) does not apply to the extent that the Secretary of State has, for reasons relating to the benefit of the environment, given the claimant written permission not to do anything the claimant would otherwise be required to do by that sub-paragraph.
ii
for sub-paragraph (10) (disapplication of certain provisions relating to management of land not in agricultural production) substitute—
10
Sub-paragraphs (5), (6) and (7) do not apply to the extent that the Secretary of State has, for reasons relating to the benefit of the environment, given the claimant or person (as the case may be) written permission to do anything that would otherwise be prohibited by any of those sub-paragraphs.
c
for paragraph 6(2) (disapplication of obligation to take all reasonable steps to prevent the spread of specified weeds) substitute—
2
Sub-paragraph (1) does not apply to the extent that the Secretary of State has, for reasons relating to the benefit of the environment, given the claimant written permission not to take all such reasonable steps in relation to any of the weeds listed.
Amendment of the Poultry Compartments (England) Order 201035
In the Poultry Compartments (England) Order 2010 M51, in article 4(1)(a)—
a
for “certified” substitute “
approved
”
; and
b
for “certification” substitute “
approval
”
.
Amendment of the Animal Gatherings Order 201036
In the Animal Gatherings Order 2010 M52, in article 13 (enforcement), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.
Amendment of the Transmissible Spongiform Encephalopathies (England) Regulations 201037
In the Transmissible Spongiform Encephalopathies (England) Regulations 2010 M53, in regulation 20 (enforcement), after paragraph (4) add—
5
For the purposes of paragraph (1) or where the Secretary of State makes a direction under paragraph (4), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Beef and Veal Labelling Regulations 201038
In the Beef and Veal Labelling Regulations 2010 M54, in regulation 3 (the enforcement authorities), after paragraph (2) add—
3
The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Poultrymeat (England) Regulations 201139
1
The Poultrymeat (England) Regulations 2011 M55 are amended as follows.
2
In regulation 9 (enforcement), after paragraph (4) insert—
4A
The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
3
In regulation 11 (powers of entry)—
a
in paragraph (1), for “enter any premises” substitute “
, on giving reasonable notice, enter premises (except premises used wholly or mainly as a private dwellinghouse)
”
;
b
after paragraph (1) insert—
1A
The requirement to give notice does not apply—
a
where reasonable efforts to agree an appointment have failed;
b
where an authorised officer reasonably believes that giving notice would defeat the object of the entry;
c
where an officer has a reasonable suspicion of a breach of these Regulations; or
d
in an emergency.
c
omit paragraph (4); and
d
in paragraph (12)(a), for “one month” substitute “
three months
”
.
Amendment of the Animal By-Products (Enforcement) (England) Regulations 201140
In the Animal By-Products (Enforcement) (England) Regulations 2011 M56, in regulation 21 (enforcement authority), after paragraph (2) insert—
2A
For the purposes of paragraph (1)(c) or where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Trade in Animals and Related Products Regulations 201141
In the Trade in Animals and Related Products Regulations 2011 M57, in regulation 32 (enforcement), after paragraph (5) insert—
5A
For the purposes of paragraph (1)(a) or where the Secretary of State makes a direction under paragraph (5), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Energy Information Regulations 201142
In the Energy Information Regulations 2011 M58, in regulation 4 (enforcement), after paragraph (3) add—
4
The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
Amendment of the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011F243
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Pigs (Records, Identification and Movement) Order 201144
In the Pigs (Records, Identification and Movement) Order 2011 M59, in article 25 (enforcement), after paragraph (2) insert—
2A
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.
Amendment of the Non-Commercial Movement of Pet Animals Order 201145
In the Non-Commercial Movement of Pet Animals Order 2011 M60, in article 13 (enforcement authority), after paragraph (2) add—
3
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under this Order.
Amendment of the Wine Regulations 201146
In the Wine Regulations 2011 M61—
a
in regulation 3 (official functions and enforcement), after paragraph (8) insert—
8A
The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.
b
in regulation 9 (warrant), in paragraph (1), for “the authorised officer” substitute “
an authorised officer
”
.
1972 c.68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a), and the European Union (Amendment) Act 2008 (c.7), Part 1 of the Schedule.