The Animal Welfare and Food Safety (International Professional Qualification Recognition Agreement Implementation) (Miscellaneous Amendment) (Scotland) Regulations 2023

JurisdictionScotland
Year2023
CitationSSI 2023/312

2023 No. 312

Professional Qualifications

Animals

Food

The Animal Welfare and Food Safety (International Professional Qualification Recognition Agreement Implementation) (Miscellaneous Amendment) (Scotland) Regulations 2023

Made 31th October 2023

Laid before the Scottish Parliament 2nd November 2023

Coming into force 1st December 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 3 and 13(1) of the Professional Qualifications Act 20221, sections 30(9) and 48(1)(b) of the Food Safety Act 19902and all other powers enabling them to do so.

In accordance with section 14 of the Professional Qualifications Act 2022 the Scottish Ministers are satisfied that these Regulations do not remove the ability of any regulator of a regulated profession to prevent individuals who are unfit to practise the profession from doing so, and that the regulations will not have a material adverse effect on any regulated profession in terms of the knowledge, skills or experience of the individuals practising it.

In accordance with section 15 of that Act the Scottish Ministers have consulted with the regulator affected by these Regulations.

In accordance with section 48(4A) of the Food Safety Act 1990 the Scottish Ministers have had regard to relevant advice given by Food Standards Scotland3.

There has been consultation as required by Article 9 of Regulation (EC) No 178/2002of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the Food Safety Authority and laying down procedures in matters of food safety, as it has effect in EU law4.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Animal Welfare and Food Safety (International Professional Qualification Recognition Agreement Implementation) (Miscellaneous Amendment) (Scotland) Regulations 2023 and come into force on 1 December 2023.

S-2 Amendment of the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012

Amendment of the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012

2.—(1) The Welfare of Animals at the Time of Killing (Scotland) Regulations 20125are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a)

(a) after the definition of “EU Regulation”, insert—

“the Professional Qualifications Regulations 2023” means the recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 20236,

(b)

(b) in the definition of “qualification certificate”—

(i) in sub-paragraph (ab), omit “or” and

(ii) after sub-paragraph (ab), insert—

(ac)

(ac) a qualification which has been recognised under Part 2 of the Professional Qualifications Regulations 2023 in relation to an operation specified in regulation 5, or

(3) In regulation 25 (appeals), after paragraph (1), insert—

S-1A

1A A person who is aggrieved by a decision of the competent authority not to recognise a qualification under Part 2 of the Professional Qualifications Regulations 2023 in relation to an operation specified in regulation 5 may appeal to the sheriff against the decision.

S-1B

1B In paragraph (1A), the reference to a decision of the competent authority not to recognise a person’s qualification under Part 2 of the...

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