The Official Controls (Exemptions from Controls at Border Control Posts) (Amendment) Regulations 2021

JurisdictionUK Non-devolved

2021 No. 453

Animals

The Official Controls (Exemptions from Controls at Border Control Posts) (Amendment) Regulations 2021

Made 8th April 2021

Laid before Parliament 8th April 2021

Coming into force 30th April 2021

The Secretary of State, in exercise of the powers conferred by Articles 48(b) and 144(6) of Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products1, makes the following Regulations.

In accordance with Article 144(7) of Regulation (EU) 2017/625, before making these Regulations, the Secretary of State has consulted such bodies and persons as appear to the Secretary of State to be representative of the interests likely to be substantially affected by these Regulations and such other bodies or persons as the Secretary of State considers appropriate.

In accordance with the preconditions in Article 3(2B) of that Regulation2, the Welsh Ministers, in relation to the application of these Regulations in relation to Wales, and the Scottish Ministers, in relation to the application of these Regulations in relation to Scotland, have consented to the Secretary of State making these Regulations.

S-1 Citation, commencement, extent and application

Citation, commencement, extent and application

1.—(1) These Regulations—

(a)

(a) may be cited as the Official Controls (Exemptions from Controls at Border Control Posts) (Amendment) Regulations 2021;

(b)

(b) come into force on 30th April 2021; and

(c)

(c) extend to England and Wales, and Scotland, except as provided in paragraphs (2) and (3).

(2) Regulation 2—

(a)

(a) does not extend to Scotland; and

(b)

(b) does not apply in relation to Wales.

(3) Regulation 3 does not extend to England and Wales.

S-2 Amendments to the Trade in Animals and Related Products Regulations 2011

Amendments to the Trade in Animals and Related Products Regulations 2011

2.—(1) The Trade in Animals and Related Products Regulations 20113are amended as follows.

(2) In Schedule 3, in paragraph 8—

(a)

(a) in the heading and in sub-paragraph (1), for “Invertebrate” substitute “Relevant”;

(b)

(b) after sub-paragraph (1), insert—

S-1A

“1A In this paragraph, “relevant animals” means—

(a) animals listed in Schedule 2 to the Animals (Scientific Procedures) Act 19864; and

(b) invertebrate animals.”;

(c)

(c) for sub-paragraph (2) substitute—

S-2

“2 Paragraph (1) does not apply to zebra fish, aquatic molluscs belonging to the phylumMollusca or aquatic crustaceans belonging to the subphylum Crustacea.”; and

(d)

(d) after sub-paragraph (2), insert—

S-3

“3 The reference to educational activities in sub-paragraph (1) does not apply in relation to—

(a) vertebrate animals; or

(b) honey bees (Apis mellifera) or bumble bees (Bombusspp).”.

S-3 Amendments to the Trade in Animals and Related Products (Scotland) Regulations 2012

Amendments to the Trade in Animals and Related Products (Scotland) Regulations 2012

3.—(1) The Trade in Animals and Related Products (Scotland) Regulations 20125are amended as follows.

(2) In Schedule 3, in paragraph 7—

(a)

(a) in the heading and in sub-paragraph (1), for “Invertebrate” substitute “Relevant”;

(b)

(b) after sub-paragraph (1), insert—

S-1A

“1A In this paragraph, “relevant animals” means—

(a) animals listed in Schedule 2 to the Animals (Scientific Procedures) Act 1986; and

(b) invertebrate animals.”; and

(c)

(c) for sub-paragraph (2) substitute—

S-2

“2 Paragraph (1) does not apply to zebra fish, aquatic molluscs belonging to the phylumMollusca or aquatic crustaceans belonging to the subphylum Crustacea.”; and

(d)

(d) after sub-paragraph (2), insert—

S-3

“3 The reference to educational activities in sub-paragraph (1) does not apply in relation to—

(a) vertebrate animals; or

(b) honey bees (Apis mellifera) or bumble bees (Bombusspp).”.

S-4 Amendments to Commission Delegated Regulation (EU) 2019/2122 supplementing Regulation (EU) 2017/625 as...

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