PART 14 The Animal By-Products (Scotland) Regulations 2003

1.  In regulation 19 of the Animal By-Products (Scotland) Regulations 2003(17) (“the 2003 Regulations”) (sampling at biogas and composting plants), paragraph (3)(a) and (b)(i).

2.  In regulation 21 of the 2003 Regulations (laboratories), paragraphs (1) to (2), and (7) to (9).

3.  In regulation 26 of the 2003 Regulations (derogations regarding the use of animal by-products), paragraphs (1), (2)(a), (3) and (4).

4.  In regulation 27 of the 2003 Regulations (collection centres), paragraph (1).

5.  In regulation 30 of the 2003 Regulations (burning or burial in the event of a disease outbreak), paragraph (1)(a).

6.  Regulation 40 of the 2003 Regulations (grant of approvals).

7.  In regulation 41 of the 2003 Regulations (suspensions, amendment or revocation of approvals, authorisations and registrations), paragraphs (1) and (4) to (6).

8.  In regulation 42 of the 2003 Regulations (review), paragraph (2)(a) and (d), and paragraphs (3) to (6).

9.  In regulation 49 of the 2003 Regulations(18) (enforcement), paragraphs (1) and (3).

10.  In Schedule 1 to the 2003 Regulations (additional requirements for biogas and composting plants), paragraph 2 of Part 2 (treatment systems and parameters for catering waste).

11.  In Schedule 2 to the 2003 Regulations (testing Methods), paragraph 6 of section B of Part 2 (methods for the isolation of salmonella).

PART 15 Regulation (EC) No 1739/2005

1.  Article 4 (registration of circuses) of Commission Regulation (EC) No. 1739/2005 laying down animal health requirements for the movement of circus animals between Member States(19) (“the 2005 Community Regulation”).

2.  In Article 7 (animal passports) of the 2005 Community Regulation, paragraphs (1) and (2).

3.  In Article 8 (obligations of the circus operator) of the 2005 Community Regulation, paragraph (1)(c).

4.  In Article 10 (information on movements of circuses between Member States) of the 2005 Community Regulation, paragraphs (1) and (2).

PART 16 The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006

1.  In regulation 2 of the of the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006(20) (“the 2006 Regulations”) (interpretation), paragraph (1) (approval of research premises).

2.  In regulation 6 of the 2006 Regulations (approvals, authorisations, licences and registrations), paragraphs (1), (3), and (4)(a).

3.  In regulation 8 of the 2006 Regulations (suspension and amendment), paragraphs (1), (2)(a) and (5).

4.  In regulation 9 of the 2006 Regulations (revocation of approvals, etc.), paragraph (1).

5.  Regulation 10 of the 2006 Regulations (appeals procedure).

6.  In regulation 11 of the 2006 Regulations (valuations), paragraphs (2) to (5).

7.  Regulation 12 of the 2006 Regulations (appointment of inspectors).

8.  In regulation 20 of the 2006 Regulations (enforcement), paragraphs (2) and (4).

9.  In Schedule 2 to the 2006 Regulations (TSE Monitoring), paragraphs 1(1), 3(2) to (4), 4(3), 5(4), and 6(1) and (2) of Part 1 (monitoring for TSE).

10.  In Schedule 3 to the 2006 Regulations (control and eradication of TSE in bovine animals), paragraphs 1(1) to (3), 4(1)(c), 6, 8, 9(3) and 10.

11.  In Schedule 4 to the 2006 Regulations (control and eradication of TSE in sheep and goats), paragraphs 1(1) to (3), 6(1) and (2), 7(1), 8(1), 9, 11 to 13, 18, 19, 21(1) and (2), 22(3) and (5), 23(1) and (3)(b), 24 and 25(1) and (2).

12.  In Schedule 5 to the 2006 Regulations (Feedingstuffs), paragraphs 2(3)(f) and 6(1) of Part 1 (restrictions on Feeding Proteins to Animals).

13.  In Schedule 5 to the 2006 Regulations (feedingstuffs), paragraphs 21(1) and (4)(a), 23(1), (2)(a) and (5) and 24(1) of Part 2 (production of protein and feedingstuffs).

14.  In Schedule 6 (specified risk material, mechanically recovered meat and slaughtering techniques) to the 2006 Regulations (Feedingstuffs), paragraph 19(2)(b)(ii).

PART 17 The Products of Animal Origin (Third Country Imports)(Scotland) Regulations 2007

1.  In regulation 4 of the Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007(21) (“the 2007 PAO Regulations”) (exemption for authorised products and personal imports), paragraphs (1) and (2).

2.  In regulation 5 of the 2007 PAO Regulations (enforcement authorities and exchange of information), paragraphs (1)(a), (5) and (6).

3.  In regulation 30 of the 2007 PAO Regulations (approval of landfills), paragraphs (2) to (4).

4.  In regulation 32 of the 2007 PAO Regulations (amendment, suspensions and revocation of approvals), paragraphs (1), (2), (3)(a), (5) and (6).

PART 18 The Animal and Animal Products (Import and Export) (Scotland) Regulations 2007

1.  In regulation 3 of the Animal and Animal Products (Import and Export) (Scotland) Regulations 2007(22) (“the 2007 AAP Regulations”) (enforcement), paragraphs (2) and (3).

2.  In regulation 5(23)of the 2007 AAP Regulations (exports), paragraphs (7) and (8).

3.  In regulation 8 of the 2007 AAP Regulations (dealers), paragraphs (1) and (2).

4.  In regulation 9 of the 2007 AAP Regulations (approval of centres and teams), paragraphs (1) to (3).

5.  Regulation 10 of the 2007 AAP Regulations (approval of laboratories).

6.  In regulation 13 of the 2007 AAP Regulations (assembly centres and slaughterhouses), paragraphs (2), (6), and (7)(b).

7.  In regulation 17 of the 2007 AAP Regulations (importation), paragraph (1)(b).

8.  In regulation 20 of the 2007 AAP Regulations (24) (quarantine for captive birds), paragraphs (1), (3)(b), and (6)(c).

9.  In Schedule 3 to the 2007 AAP Regulations (intra-Community trade: legislation and additional requirements), Part I (legislation in relation to intra-Community trade), paragraph 10.

10.  In Schedule 3 to the 2007 AAP Regulations, Part II (additional requirements for the transport of cattle, pigs, sheep and goats), paragraphs 4 and 5.

11.  In Schedule 3 to the 2007 AAP Regulations, Part III (additional requirements for dealers in cattle, pigs, sheep and goats), paragraphs 2 and 6(1) to (3).

12.  In Schedule 4 to the 2007 AAP Regulations (poultry health scheme), Part I (membership), paragraphs 3, 5, 7(b), 8, 9(1), and 10.

13.  In Schedule 4 to the 2007 AAP Regulations, Part II (registration fee), paragraph 11.

14.  In Schedule 4 to the 2007 AAP Regulations, Part III (annual membership fee), paragraph 16.

15.  In Schedule 4 to the 2007 AAP Regulations, Part IV (re-inspection fee), paragraph 21.

16.  In Schedule 5 to the 2007 AAP Regulations (approval of laboratories under the poultry health scheme), Part I (approval), paragraphs 1 to 5.

17.  In Schedule 5 to the 2007 AAP Regulations, Part II (annual approval fee), paragraphs 1 (a) to (c) and 2.

18.  In Schedule 8(25) to the 2007 AAP Regulations (quarantine of captive birds), Part I (approvals), paragraphs 1 to 3.

19.  In Schedule 8 to the 2007 AAP Regulations, Part II (charges in relation to captive birds in quarantine), paragraphs 1, 3(1) to (3), (6) and (7), 4(1) to (5), and 5(1) to (3).

(17)

S.S.I. 2003/411, relevantly amended by S.S.I. 2006/3; there are other amendments to the 2003 Regulations which are not relevant to this Order. Back [17]

(18)

S.I. 1979/1702, amended by S.I. 1984/1326; there are other amending instruments but none is relevant to this Order. Relevant functions are conferred on the “appropriate Minister”, as defined in article 2 to mean the Secretary of State for Scotland in the application of the Order to Scotland. 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 [18]

(19)

O.J. L 279, 22.10.2005, p.47. The functions specified in Part 12 of the Schedule are exercisable by the Scottish Ministers as the competent authority for the purposes of the 2005 Community Regulation by virtue of their designation as such by regulation 5(7) of the Animal and Animal Products (Import and Export)(Scotland) Regulations 2007 (S.S.I. 2007/194). Back [19]

(20)

S.S.I 2006/530, as amended by S.S.I. 2007/357. Back [20]

(21)

S.S.I. 2007/1. Regulation 2(1) defines “third country” to mean a country not comprised in the relevant territories, and defines “the relevant territories” to mean an area comprising the territories of the member States, the Republic of Iceland, the Kingdom of Norway (except Svalbard), the Principality of Andorra, the Faroe Islands and the Republic of San Marino. Regulation 2(2) provides that products brought into Scotland from the Republic of Iceland (other than fishery products) are to be regarded as brought in from a third country. Back [21]

(22)

S.S.I. 2007/194, as amended by S.S.I. 2007/375. Back [22]

(23)

Paragraphs (7) and (8) were inserted by S.S.I. 2007/375. Back [23]

(24)

Regulation 20 was substituted by S.S.I 2007/375, regulation 7. Back [24]

(25)

Schedule 8 was inserted by S.S.I. 2007/375. Back [25]