The Animal Welfare (EU Exit) (Scotland) (Amendment) Regulations 2019

JurisdictionScotland
CitationSSI 2019/34

2019 No. 34

Exiting The European Union

Animals

The Animal Welfare (EU Exit) (Scotland) (Amendment) Regulations 2019

Made 6th February 2019

Laid before the Scottish Parliament 8th February 2019

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraphs 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 20181and all other powers enabling them to do so.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Animal Welfare (EU Exit) (Scotland) (Amendment) Regulations 2019, and come into force on exit day.

S-2 Amendment of the Animal Health and Welfare (Scotland) Act 2006

Amendment of the Animal Health and Welfare (Scotland) Act 2006

2.—(1) The Animal Health and Welfare (Scotland) Act 20062is amended as follows.

(2) In schedule 1 (powers on inspectors and constables)—

(a)

(a) in the italic heading immediately preceding paragraph 1, for “EU obligations” substitute “an obligation under retained EU law”;

(b)

(b) in paragraph 1(1), for “EU obligation” substitute “obligation under retained EU law”.

S-3 Amendment of Welfare of Animals (Slaughter or Killing) Regulations 1995

Amendment of Welfare of Animals (Slaughter or Killing) Regulations 1995

3.—(1) The Welfare of Animals (Slaughter or Killing) Regulations 19953are amended as follows.

(2) In regulation 23(4) (powers of authorised persons), omit from “, including” to the end.

S-4 Amendment of the Welfare of Animals (Transport) (Scotland) Regulations 2006

Amendment of the Welfare of Animals (Transport) (Scotland) Regulations 2006

4.—(1) The Welfare of Animals (Transport) (Scotland) Regulations 20064are amended as follows.

(2) In regulation 3(1) (transport)—

(a)

(a) in sub-paragraph (d), after “6(1)” insert “and (1A)”5;

(b)

(b) in sub-paragraph (e), after “6(5)” insert “and (5A)”6.

(3) In regulation 4 (transporters), for paragraph (d) substitute—

“(d)

“(d) Article 6(9) (transporters);”.

(4) In regulation 9(1) (control posts), after “post” insert “as referred to in Council Regulation (EC) No. 1255/97of 25 June 1997 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC”.

(5) In regulation 18 (competent authority)—

(a)

(a) in paragraph (2)(b), for “6(5)” substitute “6(5A)”;

(b)

(b) in paragraph (3)(a) for “Articles 3 and 4(2)” substitute “Article 3”;

(c)

(c) in paragraph (4)—

(i) for “of a member State” substitute “the Appropriate Minister”;

(ii) omit from “and for designating” to the end.

(6) In regulation 23(d) (powers of inspectors), for “EU obligations” substitute “an obligation under retained EU law”.

S-5 Amendment of the Welfare of Farmed Animals (Scotland) Regulations 2010

Amendment of the Welfare of Farmed Animals (Scotland) Regulations 2010

5.—(1) The Welfare of Farmed Animals (Scotland) Regulations 20107are amended as follows.

(2) Omit paragraph (2) of regulation 2 (interpretation).

(3) Omit regulation 4 (appointment of competent authority).

(4) Omit regulation 10 (powers of entry: representative of the European Commission).

(5) In schedule 1 (general conditions), for paragraph 27 substitute—

S-27

27.—(1) No other substance, with the exception of those given for therapeutic or prophylactic purposes for the purpose of zootechnical treatment, may be administered to animals unless it has been demonstrated by scientific studies of animal welfare or established experience that the effect of the substance is not detrimental to the health or welfare of the animals.

(2) In this paragraph “zootechnical treatment” means the administering to any animal, after examination by (or supervised by) a veterinarian, of any substance authorised by the Scottish Ministers for synchronising oestrus and preparing donors and recipients for the implantation of embryos.”.

(6) In schedule 2 (conventionally reared meat chickens)—

(a)

(a) in paragraph 1, after the definition of “daily mortality rate” insert—

““flock” means a group of chickens which are placed in a house of a holding and are present in this house at the same time;”;

(b)

(b) in paragraph 2—

(i) for head (a) of sub-paragraph (1) substitute—

“(a)

“(a) a...

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