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1. Article 4 of the Importation of Birds, Poultry and Hatching Eggs Order 1979(8) (“the 1979 Order”) (prohibition of landing of poultry and eggs).
2. In article 9 of the 1979 Order (miscellaneous provisions), paragraph (2).
1. In article 4 of the Importation of Embryos, Ova and Semen Order 1980(9) (“the 1980 Order”) (prohibition of landing of embryos, ova or semen), paragraphs (1), (3), (4) and (5).
2. In article 6 of the 1980 Order (miscellaneous provisions), paragraph (2).
1. In regulation 2 of the Artificial Insemination of Pigs (EEC) Regulations 1992(10) (intra-Community trade in porcine semen), paragraphs (2), (3) and (5).
1. In regulation 4 of the Bovine Embryo (Collection, Production and Transfer) Regulations 1995(11) (“the 1995 Regulations”) (approvals), paragraphs (1) and (2).
2. Regulation 5 of the 1995 Regulations (approval of bovine embryo collection teams for all purposes including intra-Area trade).
3. Regulation 6 of the 1995 Regulations (approval of bovine embryo collection teams for purposes other than intra-Area trade).
4. Regulation 7 of the 1995 Regulations (approval of bovine embryo production teams).
5. Regulation 8 of the 1995 Regulations (approval of bovine embryo transfer teams).
6. Regulation 9 of the 1995 Regulations (registration numbers).
7. In regulation 11 of the 1995 Regulations (collection of bovine embryos not intended for intra-Area trade), paragraph (3).
8. In regulation 13 of the 1995 Regulations (approval of stores for bovine embryos for use in intra-Area trade), paragraph (1).
9. In regulation 16 of the 1995 Regulations (approval of stores for bovine embryos not intended for use in intra-Area trade), paragraph (1).
10. In Schedule 4 to the 1995 Regulations (conditions relating to the collection, processing storage and transport of bovine embryos for the purposes of intra-Area trade), paragraph 13.
11. In Schedule 7 to the 1995 Regulations (conditions relating to the production of bovine embryos), paragraphs 4 and 5.
1. Article 11 (notification) of Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(12) (“the Community TSE Regulation”).
2. In Article 12 of the Community TSE Regulation (movements of animals, official controls over holdings, and killing of animals on suspicion of TSE), paragraphs (1) to (3).
3. In Article 13 of the Community TSE Regulation (movements from, and official controls over, holdings after confirmation of TSE), paragraphs (1) and (2).
4. In Article 21 of the Community TSE Regulation (Community controls), paragraph (1).
5. In Annex III of the Community TSE Regulation (monitoring system), point 7(2) of Part II of Chapter A (tracing and testing of animal parts in a slaughterhouse).
6. In Annex III of the Community TSE Regulation, Chapter B (record keeping) Part III, point 1.
7 In Annex IV of the Community TSE Regulation (animal feeding), Part II (derogations from the ban on feeding protein from animals to ruminants and other animals), point B (use of fishmeal in the feeding of non-ruminant farmed animals), paragraphs (c), (e) and (f).
8. In Annex IV of the Community TSE Regulation, Part II, Point C (dicalcium phosphate or tricalcium phosphate in food for non-ruminant farmed animals), paragraphs (a), (c) and (d).
9. In Annex IV of the Community TSE Regulation, Part II, Point D (blood products and blood meal in food for non-ruminant farmed animals and fish), paragraphs (a) to (c), (e) and (f).
10. In Annex IV of the Community TSE Regulation, Part III (general implementing conditions), Point C (storage and transport of bulk processed animal protein, bulk fishmeal, bulk dicalcium phosphate or tricalcium phosphate and blood products and blood meal), paragraphs (a) and (c).
11. In Annex IV of the Community TSE Regulation, Part III, point E (export of processed animal proteins, and products containing such proteins derived from ruminants, to third countries), paragraph (2).
12. In Annex IV of the Community TSE Regulation, Part III, point F (official controls).
13. In Annex V of the Community TSE Regulation (specified risk material), points 8.1 and 9(e) (contamination of head meat at slaughterhouses and cutting plants).
14. In Annex VII of the Community TSE Regulation (Eradication of TSE), Chapter A (measures following confirmation of TSE), points 2.2, 3.3(b), 4(c), (h) and (i) and 5(b)(iii).
15. In Annex VII of the Community TSE Regulation, Chapter B (breeding for resistance to TSE), Part 1, point 6.
16. In Annex X of the Community TSE Regulation (reference laboratories), Chapter C (sampling and laboratory analysis), points 1, 2, 3.2(c)(i) and 3.3.
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 [8]
S.I. 1980/12, relevantly amended by S.I. 1984/1326; there are other amending instruments but none is relevant to this Order. Article 3 contains a definition of the “appropriate Minister”. The functions of the Secretary of State for Scotland as the appropriate Minister in the application of the Order to Scotland were, 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 [9]
S.I. 1992/3161. See section 10(8) of the Animal Health and Welfare Act 1984 (c. 40) for a definition of “appropriate Minister”. The functions are conferred on the Secretary of State for Scotland as the appropriate Minister in relation to Scotland and 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 [10]
S.I. 1995/2478. See section 10(8) of the Animal Health and Welfare Act 1984 (c. 40) for a definition of “appropriate Minister”. The functions of the Secretary of State for Scotland as the appropriate Minister in relation to Scotland were, 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 [11]
O.J. L 147, 31.5.2001, p.1. The 2001 Community Regulation has been amended by Regulations (EC) of the European Parliament and of the Council No. 1128/2003 (O.J. L 160, 28.6.2003, page 1), 932/2005 (O.J. L 163, 23.6.2005, page 1) and 1923/2006 (O.J. L 404, 30.12.2006, page 1), and Commission Regulations 1248/2001 (O.J. L 173, 27.6.2001, page 12), 1326/2001 (O.J. L 177, 30.6.2001, page 60), 270/2002 (O.J. L 45, 15.2.2002, page 4), 1494/2002 (O.J. L 225, 22.8.2002, page 3), 260/2003 (O.J. L 37, 13.2.2003, page 7), 650/2003 (O.J. L 95, 11.4.2003, page 15), 1053/2003 (O.J. L 152, 20.6.2003, page 8), 1139/2003 (O.J. L 160, 28.6.2003, page 22), 1234/2003 (O.J. L 173, 11.7.2003, page 6), 1809/2003 (O.J. L 265, 16.10.2003, page 10), 1915/2003 (O.J. L 283, 31.10.2003, page 29), 2245/2003 (O.J. L 333, 20.12.2003, page 28), 876/2004 (O.J. L 162, 30.4.2004, page 52), 1471/2004 (O.J. L 271, 19.8.2004, page 24), 1492/2004 (O.J. L 274, 24.8.2004, page 3), 1993/2004 (O.J. L 344, 20.11.2004, page 12), 36/2005 (O.J. L 10, 13.1.2005, page 9), 214/2005 (O.J. L 37, 10.2.2005, page 9), 260/2005 (O.J. L 46, 17.2.2005, page 31), 1292/2005 (O.J. L 205, 6.8.2005, page 3), 1974/2005 (O.J. L 317, 3.12.2005, page 4), 36/2005 (O.J. L 13, 20.1.2005, page 9), 253/2006 (O.J. L 44, 15.2.2006, page 9), 339/2006 (O.J. L 55, 25.2.2006, page 5), 657/2006 (O.J. L 116, 29.4.2006, page 9), 688/2006 (O.J. L 120, 5.5.2006, page 10), 1041/2006 (O.J. L 187, 8.7.2006, page 10), 1791/2006 (O.J. L 363, 20.12.2006, page 1), 722/2007 (O.J. L 164, 26.6.2007, page 7), 727/2007 (O.J. L 165, 27.6.2007, page 8) and 1275/2007 (O.J. L 284, 30.10.2007, page 8). The functions specified in Part 9 of the Schedule are exercisable by the Scottish Ministers as the competent authority for the purposes of the Community TSE Regulation by virtue of their designation as such by regulation 3 of the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 (S.S.I. 2006/530). Article 3 of the Community TSE Regulations contains a definition of “competent authority”. Back [12]
The Scotland Act 1998 (Agency Arrangements) (Specification) Order 2008