The Trade in Animals and Related Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Statutory Instruments

2019 No. 811

Exiting The European Union, Northern Ireland

Animals, Northern Ireland

The Trade in Animals and Related Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

Made

4th April 2019

Laid before Parliament

5th April 2019

Coming into force in accordance with regulation 1(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 Secretary of State is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.

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 Trade in Animals and Related Products (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)

PART 2 N.I. Amendment to primary legislation

Amendment to the Destructive Imported Animals Act (Northern Ireland) 1933 N.I.

2.  In section 9 of the Destructive Imported Animals Act (Northern Ireland) 1933 M2 , omit subsection (2).

Commencement Information

I2 Reg. 2 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 1933 c.5 (N.I.), to which the most recent relevant amendments were made by S.R. 1993 No. 270.

PART 3 N.I. Amendment to subordinate legislation

Amendment to the Sales, Markets and Lairs Order (Northern Ireland) 1975 N.I.

3.—(1) The Sales, Markets and Lairs Order (Northern Ireland) 1975 M3 is amended as follows.

(2) In the heading of Part 3, for “INTRA-COMMUNITY TRADE” substitute “ TRADE WITH THE EU ”.

(3) In Articles 16(1) and 17, for “intra-Community trade” substitute “ trade with the EU ”.

Commencement Information

I3 Reg. 3 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. 1975 No. 294, to which the most recent relevant amendments were made by S.R. 2005 No. 78.

Amendment to the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977 N.I.

4.—(1) The Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977 M4 is amended as follows.

(2) In Article 3(1), in the definition of “member State”, omit “other than the United Kingdom and does not include the Isle of Man or any of the Channel Islands”.

(3) In Article 4—

(a) in paragraph (2)—

(i) in sub-paragraph (a)(i), for “another” substitute “ a ”;

(ii) in sub-paragraphs (a)(ii), (b)(ii),(c)(ii) and (d)(ii), for “Council Directive 92/65/EEC” substitute “ the Trade in Animals and Related Products Regulations (Northern Ireland) 2011 M5 ”;

(b) in paragraph 14—

(i) in sub-paragraph (a), omit paragraph (i) (together with the final “and”);

(ii) omit sub-paragraph (b);

(c) in paragraph 15—

(i) for “Council Directive 92/65/EEC” substitute “ the Trade in Animals and Related Products Regulations (Northern Ireland) 2011 ”;

(ii) for “the requirement” substitute “ a requirement ”;

(iii) omit “, as referred to in Article 10(4) of that Directive”.

Commencement Information

I4 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

M4 S.R. 1977 No. 113, to which the most recent relevant amendments were made by S.R. 1994 No. 402, 2011 No. 440, 2015 No. 282.

M5 S.R. 2011 No. 438, relevant amending instruments are S.R. 2014 No. 196, 2015 No. 282.

Amendment to the Artificial Insemination of Cattle Regulations (Northern Ireland) 1988 N.I.

5.  In regulation 2(1) of the Artificial Insemination of Cattle Regulations (Northern Ireland) 1988 M6 , in the definition of “member State”, omit “other than the United Kingdom”.

Commencement Information

I5 Reg. 5 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

M6 S.R. 1988 No. 339, to which the most recent relevant amendments were made by S.R.1997 No. 35.

Amendment to the Artificial Insemination of Pigs (EEC) Regulations (Northern Ireland) 1993 N.I.

6.—(1) The Artificial Insemination of Pigs (EEC) Regulations (Northern Ireland) 1993 M7 are amended as follows.

(2) In regulation 2(1), in the definition of “Member State”, omit “other than the United Kingdom”.

(3) In regulation 3—

(a) in the heading, for “Intra-Community trade in porcine semen” substitute “ Trade in porcine semen ”;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 6(3)(b) 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

I6 Reg. 6 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

M7 S.R. 1993 No. 262.

Amendment to the Animals (Post-Import Control) Order (Northern Ireland) 1993 N.I.

7.—(1) The Animals (Post-Import Control) Order (Northern Ireland) 1993 M8 is amended as follows.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In Articles 5(1) and 6, omit “under a provision specified in Schedule 2 from a country referred to in that Schedule,”.

(4) Omit Schedule 2.

Textual Amendments

F2 Reg. 7(2) 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

I7 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

M8 S.R. 1993 No. 307.

Amendment to the Artificial Breeding of Sheep and Goats (EEC) Regulations (Northern Ireland) 1994 N.I.

8.—(1) The Artificial Breeding of Sheep and Goats (EEC) Regulations (Northern Ireland) 1994 M9 are amended as follows.

(2) In regulation 2(1), in the definition of “Member State”, omit “other than the United Kingdom”.

(3) After regulation 2(2), insert—

“(3) Article 11(1) of the Directive is to be read as if for “Member States” there were substituted “ the Department ”.

(4) Article 11(2) of the Directive is to be read as if for “another Member State” there were substituted “ a member State ”.”.

(4) In regulation 3, in the heading, for “Intra-Community trade” substitute “ Trade with the European Union ”.

Commencement Information

I8 Reg. 8 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

M9 S.R. 1994 No. 391.

Prospective

Amendment to the Bovine Embryo Collection, Production and Transplantation Regulations (Northern Ireland) 1996 N.I.

F3 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 9 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.

Amendment to the Bee Diseases and Pests Control Order (Northern Ireland) 2007 N.I.

10.—(1) The Bee Diseases and Pests Control Order (Northern Ireland) 2007 M10 is amended as follows.

(2) Omit Article 11.

(3) In Article 15, omit “, apart from the provisions of Article 11”.

Commencement Information

I9 Reg. 10 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

M10 S.R. 2007 No. 246, to which a relevant amendment was made by S.R. 2010 No. 394.

Amendment to the Northern Ireland Poultry Health Assurance Scheme Order (Northern Ireland) 2011 N.I.

11.—(1) The Northern Ireland Poultry Health Assurance Scheme Order (Northern Ireland) 2011 M11 is amended as follows.

(2) In Article 2, for “between” substitute “ with ”.

(3) In the Schedule, in Part 1—

(a) in paragraph 4(1), for “another” substitute “ a ”;

(b) in paragraph 5(2)(b), for “intra-Community trade” substitute “ trade with the EU ”;

(c) for paragraph 5(2)(d) substitute—

“(d) be accompanied by such persons as the inspector considers necessary”.

(4) In the Schedule, in Part 2, in paragraph 7(1)(b), for “intra-Community trade between Member States” substitute “ trade with member States ”.

Commencement Information

I10 Reg. 11 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

M11 S.R. 2011 No. 436, to which there are amendments not relevant to these Regulations.

Prospective

Amendment to the Trade in Animals and Related Products Regulations (Northern Ireland) 2011 N.I.

F4 12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 12 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.

Amendment to the Non-Commercial Movement of Pet Animals Order (Northern Ireland) 2011 N.I.

13.—(1) The Non-Commercial Movement of Pet Animals Order (Northern Ireland) 2011 M12 is amended as follows.

(2) In Article 5(1)(c), for “another” substitute “ a ”.

(3) In Article 11—

(a) in paragraph (1), after “Community air carrier” insert “ , a UK air carrier, a United Kingdom carrier ”;

(b) in paragraph (2)—

(i) in the definition of “Community air carrier” for “has” substitute “ and UK air carrier have ”;

(ii) in the definition of “Union carrier”, for the words from “and amending Regulation (EC) No 2006/2004” to the end substitute “ as it applies in the European Union as amended from time to time ”;

(iii) after the definition of “Union carrier” insert—

““United Kingdom carrier” means a carrier established within the territory of the United Kingdom or offering transport by a passenger service operated to or from the territory of the United Kingdom, and for the purposes of travelling by sea and inland waterway, “recognised assistance dog” shall be interpreted in accordance with Regulation (EU) No 1177/2010 of the European Parliament and of the Council concerning the rights of passengers when travelling by sea and inland waterway.”.

(4) In Article 12(2), omit “, including any representative of the European Commission”.

(5) Omit Article 15.

Commencement Information

I11 Reg. 13 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

M12 S.R. 2011 No. 440, to which a relevant amendment was made by S.R. 2015 No. 282.

Revocation of the Destructive Imported Animals Regulations (Northern Ireland) 1993 N.I.

14.  The Destructive Imported Animals Regulations (Northern Ireland) 1993 M13 are revoked.

Commencement Information

I12 Reg. 14 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

M13 S.R. 1993 No. 270.

Gardiner of Kimble

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 the powers conferred by the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to subordinate legislation in Northern Ireland relating to the controls and standards applied to trade in animals, products of animal origin, germplasm, animal by-products and bees, as well as the non-commercial movement of pet animals.

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