The Zootechnical Standards (Scotland) Regulations 2019
| Jurisdiction | Scotland |
| Citation | SSI 2019/5 |
2019 No. 5
Animals
Agriculture
The Zootechnical Standards (Scotland) Regulations 2019
Made 15th January 2019
Laid before the Scottish Parliament 17th January 2019
Coming into force 7th March 2019
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2), and paragraph 1A of schedule 2, of the European Communities Act 19721, and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references in these Regulations to the Animal Breeding Regulation (as defined in regulation 1(3)(b)) to be construed as references to that instrument as amended from time to time.
Citation, commencement, extent and interpretation
1.—(1) These Regulations may be cited as the Zootechnical Standards (Scotland) Regulations 2019 and come into force on 7 March 2019.
(2) These Regulations extend to Scotland and, in so far as they extend beyond Scotland, they do so only as a matter of Scots law2.
(3) In these Regulations—
(a)
(a) expressions used in these Regulations have the same meaning as in the Animal Breeding Regulation, unless the context otherwise requires,
(b)
(b) “the Animal Breeding Regulation” means Regulation (EU) 2016/1012 of the European Parliament and of the Council on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/2014, Council Directives 89/608/EECand 90/425/EECand repealing certain acts in the area of animal breeding, as amended from time to time3.
Designation of Scottish Ministers as the competent authority
2. The Scottish Ministers are the competent authority for the purposes of the Animal Breeding Regulation.
Enforcement
3. The Animal Breeding Regulation is enforced by the competent authority.
Notifications
4.—(1) Any notice to be served by the competent authority on an operator under the Animal Breeding Regulation may be sent to that operator—
(a)
(a) by post, or
(b)
(b) in electronic form,
to the postal or electronic address provided by the operator to the competent authority.
(2) If the notice is sent to the operator electronically it is to be treated as given only if—
(a)
(a) the operator had indicated to the competent authority willingness to receive notification by electronic means and provided an address suitable for that purpose, and
(b)
(b) the notification was sent to that address.
Obligation to inform the competent authority of a change in contact details
5.—(1) This regulation applies where an operator’s contact details change.
(2) Subject to paragraph (3), where this regulation applies, the operator must give the competent authority notice of its changed contact details within the period of 10 working days beginning with the day on which the change occurs.
(3) Notice given under this regulation must be sent to the competent authority at the specified address.
(4) In this regulation—
(a)
(a) “Bank Holiday” means a day specified in paragraph 2 of schedule 1 of the Banking and Financial Dealing Act 19714,
(b)
(b) “specified address” means the postal or electronic address given by Scottish Ministers from time to time for the purposes of this regulation, and
(c)
(c) “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.
Penalties
6. For the purposes of Article 52 of the Animal Breeding Regulation, where an operator fails to comply with an obligation under that Regulation or under these Regulations, the competent authority is to deal with that non-compliance in accordance with the provisions in Article 47 of the Animal Breeding Regulation (actions in the case of established non-compliance).
Review in respect of a decision taken under Article 47 of the Animal Breeding Regulation
7.—(1) Where—
(a)
(a) a competent authority has granted recognition of a breed society or breeding organisation in accordance with Article 4(3) of the Animal Breeding Regulation, and
(b)
(b) that competent authority has given that breed society or breeding operation a notice under Article 47(2)(a) of that Regulation in respect of a decision to withdraw that recognition,
that breed society or breeding operation may apply to the competent authority for a reconsideration of the decision given in that notice.
(2) An application under paragraph (1) must—
(a)
(a) be made by the breed society or breeding operation within the period of 28 days beginning with the day on which the relevant notice is served,
(b)
(b) state the reasons for making the application, and
(c)
(c) be accompanied by such evidence as the breed society or breeding operation believes supports those reasons.
(3) The competent authority may request evidence from the breed society or breeding operation in support of the application.
(4) The competent authority must as soon as reasonably practicable—
(a)
(a) consider the application and make a decision in respect of it,
(b)
(b) give written notification to the breed society or breeding operation stating whether the decision is confirmed or reversed, and
(c)
(c) if the decision is reversed take the appropriate action in respect of the reversed decision.
(5) The availability of a review under this regulation does not prevent a notice described in paragraph (1) having effect immediately upon being served.
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