Statutory Instruments

2019 No. 158

Exiting The European Union, Northern Ireland

Animals, Northern Ireland

The Animal Health and Welfare (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Sift requirements satisfied

18th December 2018

Made

24th January 2019

Laid before Parliament

1st February 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1 .

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Marginal Citations

M1 2018 c.16

PART 1 N.I.Introduction

Citation, commencement and extent N.I.

1.—(1) These Regulations may be cited as the Animal Health and Welfare (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and come into force on exit day.

(2) These Regulations extend to Northern Ireland only.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Prospective

PART 2 N.I.Amendment of Primary Legislation

The Diseases of Animals (Northern Ireland) Order 1981 N.I.

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2 revoked (12.12.2020) by The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(2), 5

The Welfare of Animals Act (Northern Ireland) 2011 N.I.

F2 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 3 revoked (12.12.2020) by The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(2), 5

PART 3 N.I.Amendment of Subordinate Legislation

The Registration of Establishments (Laying Hens) Regulations (Northern Ireland) 2003 N.I.

4.—(1) The Registration of Establishments (Laying Hens) Regulations (Northern Ireland) 2003 M2 are amended as follows.

(2) In regulation 2, omit the definition of “the Directive”.

(3) In regulation 3—

(a) in paragraph (2), for “the Directive” substitute “ paragraph (3) ”;

(b) after paragraph (2) insert—

“(3) The distinguishing number must be composed of the appropriate farming method code determined in accordance with paragraphs (5) to (7), followed by the letters “UK” and a unique identification number allocated to the establishment by the Department.

(4) Where it appears appropriate to the Department to do so, the Department may add further characters to the unique identification number required by paragraph (3) in order to identify single flocks kept in separate buildings of an establishment.

(5) Except where paragraph (6) applies, when the farming method in column A is used, the appropriate farming method code is the corresponding number in column B.

Column A	Column B
Free range	1
Barn	2
Cage	3

(6) Where the farming method used in the establishment produces eggs under the conditions set out in Council Regulation (EC) No. 834/2007 on organic production and labelling of organic products, the appropriate farming method code is “0”.

(7) For the purposes of paragraph (5), the farming method used in an establishment is to be determined in accordance with Council Regulation (EC) No. 589/2008 laying down rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs.”.

Commencement Information

I2 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M2 S.R. 2003 No. 538

Prospective

The Welfare of Animals (Transport) Regulations (Northern Ireland) 2006 N.I.

F3 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 5 revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

Prospective

The Welfare of Farmed Animals Regulations (Northern Ireland) 2012 N.I.

F4 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 6 revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

The Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014 N.I.

7.—(1) The Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014 M3 are amended as follows.

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In regulation 28, for paragraph (6) substitute—

“(6) An inspector may be accompanied by such other persons as the inspector considers necessary.”.

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In Schedule 4, paragraph 3(a), for “competent authority” substitute “ Department of Health ”.

Textual Amendments

F5 Reg. 7(2)(3) revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

F6 Reg. 7(5)(6) revoked (31.12.2020 immediately before IP completion day) by The Agriculture, Animals and Aquaculture (Health, Identification, Welfare, Trade etc.) (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/324), reg. 1(2), Sch.

Commencement Information

I3 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Marginal Citations

M3 S.R. 2014 No. 107 to which there has been an amendment not relevant to these Regulations.

David Rutley

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of powers in the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of domestic legislation to operate effectively and other deficiencies (in particular, under paragraphs (a), (d) and (g) of section 8(2) of the Act) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to the Diseases of Animals (Northern Ireland) Order 1981 and the Welfare of Animals Act (Northern Ireland) 2011 as well as subordinate legislation in the fields of animal welfare at slaughter, animal welfare at transport and the welfare of farmed animals which applies to Northern Ireland.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.