The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020

Amendments to Title 8, Chapter 1

27.—(1) In the heading to Article 142, for “European” substitute “international”.

(2) In Article 142—

(a) in paragraphs 1 and 2, for the words from “Commission” to “amend”, in both places where the words occur, substitute “appropriate authority may make regulations amending”;

(b) in paragraph 2, for the words from “CEN” to the end, substitute “those standards are amended by an international body”.

(3) For Article 143, substitute—

“Article 143 Data protection

United Kingdom data protection legislation, as defined in section 3(9) of the Data Protection Act 2018(1), applies to the processing of personal data carried out pursuant to this Regulation.”.

(4) For Article 144, substitute—

“Article 144 Procedure

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made by the Scottish Ministers under this Regulation, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010(2).

3.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

4.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the Senedd Cymru (Welsh Parliament).

5.   Regulations made by the Scottish Ministers under these Regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

6.   Regulations made under this Regulation may—

(a) contain consequential, incidental, supplementary, transitional or saving provision, including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018(3));

(b) make different provision for different purposes.

7.   Before making any regulations under this Regulation, the appropriate authority must consult—

(a) such bodies or persons as appear to the appropriate authority to be representative of the interests likely to be substantially affected by the regulations;

(b) such other bodies or persons as the appropriate authority may consider appropriate.”.

(5) Omit Article 145.

(1)

2018 c. 12.

(2)

2010 asp 10.

(3)

2018 c. 16. The definition of “enactment” was amended by section 41(4) of, and paragraphs 38, 44(1) and (2)(c) of Schedule 5 to, the European Union (Withdrawal Agreement) Act 2020 (c. 1).