Statutory Instruments
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND
AGRICULTURE
LIVESTOCK INDUSTRIES
ANIMALS
ANIMAL HEALTH DISEASES OF ANIMALS
POULTRY
Made
9th April 2008
Laid before Parliament
16th April 2008
Laid before the Scottish Parliament
16th April 2008
Coming into force
7th May 2008
At the Court at Windsor Castle, the 9th day of April 2008
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 93 of the Scotland Act 1998(1) is pleased, by and with the advice of Her Privy Council, to order as follows:
1.—(1) This Order may be cited as the Scotland Act 1998 (Agency Arrangements) (Specification) Order 2008 and shall come into force on 7th May 2008.
(2) This Order does not extend to Northern Ireland.
2. The functions exercisable by the Scottish Ministers under or by virtue of the enactments or Community instruments mentioned in each Part of the Schedule to this Order are hereby specified for the purposes of section 93(1) of the Scotland Act 1998.
Judith Simpson
Clerk of the Privy Council
Article 2
1. In regulation 2 of the Artificial Insemination of Pigs (Scotland) Regulations 1964(2) (“the 1964 Regulations”) (interpretation), paragraph (1) (approval of boars).
2. In regulation 4 of the 1964 Regulations (licensing of artificial insemination centres), paragraphs (1)(a) and (b), (3) and (4)(c).
3. In regulation 5 of the 1964 Regulations (regulation of artificial insemination centres), paragraphs (2) to (6) and (8).
4. In regulation 6 of the 1964 Regulations (licences to Veterinary Surgeons), paragraphs (1) and (2).
5. Regulation 7 of the 1964 Regulations (licences to other persons).
6. In regulation 8 of the 1964 Regulations (provisions relating to animal health), paragraph (1).
7. Regulation 9 of the 1964 Regulations (restriction on distribution and sale of unsuitable semen).
8. In regulation 10 of the 1964 Regulations (duty to keep records), paragraph (2).
1. In article 11 of the Export of Horses (Protection) Order 1969(3) (“the 1969 Order”) (exemptions from resting and veterinary inspection), paragraphs (3) and (4).
2. In article 12 of the 1969 Order (licences), paragraph (1).
1. In article 4 of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974(4) (“the 1974 Order”) (prohibition on landing of animals in Great Britain), paragraphs (3), (4) and (6).
2. In article 5 of the 1974 Order (detention and isolation in quarantine), paragraphs (2) to (5).
3. In article 5C of the 1974 Order(5) (release from quarantine in Scotland), paragraphs (1) to (3).
4. Article 6 of the 1974 Order (vaccination of dogs and cats in quarantine).
5. In article 7 of the 1974 Order (control of movement of animals after landing), paragraph (3).
6. In article 9 of the 1974 Order (authorised quarantine premises), paragraphs (1), (2) and (3).
7. Article 10 of the 1974 Order (authorised carrying agents).
8. In article 11 of the 1974 Order (records), paragraph (1).
9. In article 12 of the 1974 Order (detention of animals on board vessels in harbour), paragraph (9).
10. In article 13 of the 1974 Order (action in case of illegal handling or breach of quarantine), paragraphs (2) and (5).
11. Article 14 of the 1974 Order (power to destroy imported animals).
1. In article 3 of the Importation of Animals Order 1977(6) (“the 1977 Order”), (prohibition on landing of imported animals in Great Britain otherwise than under licence), paragraphs (2) and (6).
2. In article 10 of the 1977 Order, (approval and regulation of approved premises) paragraphs (1) and (3)(c).
3. In article 11 of the 1977 Order (detention of imported animals at approved premises), paragraph (1).
4. In article 12 of the 1977 Order (action in case of disease among imported animals), paragraph (5).
5. Article 13 of the 1977 Order (slaughter of injured animals).
6. In article 14 of the 1977 Order (action in case of contraventions of the order, etc.), paragraph (3).
7. In article 16 of the 1977 Order (unlicensed animals not to be brought into harbour in Great Britain), paragraph (1)(b).
8. In article 19 of the 1977 Order (compensation and expenses), paragraphs (1) and (2).
1. In article 5 of the Diseases of Animals (Approved Disinfectants) Order 1978(7) (“the 1978 Order”)(disinfectants listed in Schedule 1), paragraph (3).
2. In article 7 of the 1978 Order (testing and approval of disinfectants), paragraphs (1) to (4).
3. In article 9 of the 1978 Order (marketing), paragraph (e).
S.I. 1964/1171. The relevant functions are conferred on the Secretary of State and were, in so far as exercisable within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1999 (c. 46). Article 3 of the Artificial Insemination of Pigs (EEC) Regulations 1992 disapplies S.I. 1964/1171 as regards the collection, processing, storage and transport of porcine semen for the purpose of export to another member State. Back [2]
S.I. 1969/1784. Relevant functions are conferred on “the Minister”, those words being defined in article 2(1) of the Order to mean the Secretary of State in the application of the Order to horses shipped or intended to be shipped from Scotland. The functions were, in so far as exercisable within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). Back [3]
S.I. 1974/2211; relevant amending instruments are S.I. 1977/361 and S.S.I. 2003/229. Relevant functions are conferred on “the Minister”, those words being defined in article 2(1) of the Order to mean the Secretary of State in the application of the Order to Scotland. The functions were, in so far as exercisable within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). Back [4]
Article 5C was inserted by S.S.I. 2003/229. Back [5]
S.I. 1977/944; relevant amending instruments are S.I. 1995/2922, 1996/1760 and 1998/190 and S.S.I. 2000/167 and 216 and 2003/426. Relevant functions are conferred on “the appropriate Minister” as defined in article 2(1) of the Order to mean, in the application of the Order to Scotland, the Secretary of State. The functions were, in so far as exercisable within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). Back [6]
S.I. 1978/32; relevant amending instruments are S.I. 1978/934 and 1999/919, and S.S.I. 2001/45 and 51, 2003/34, 2004/537, 2005/99 and 587. The Order, which applied to Great Britain, was repealed in respect of England by S.I. 2007/448. Relevant functions were conferred on “the Minister”, as defined in article 2 of the Order to mean the Minister of Agriculture, Fisheries and Food, the Secretary of State for Wales, and the Secretary of State for Scotland, acting jointly. The functions, so far as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). Back [7]