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SCOTTISH STATUTORY INSTRUMENTS


2006 No. 335

ANIMALS

ANIMAL HEALTH

The Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2006

  Made 7th June 2006 
  Laid before the Scottish Parliament 8th June 2006 
  Coming into force 17th July 2006 

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1]and section 56(1) and (2) of the Finance Act 1973[2]and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Animals and Animal Products (Import and Export) (Scotland) Amendment Regulations 2006 and shall come into force on 17th July 2006 .

Amendment to The Animals and Animal Products (Import and Export) (Scotland) Regulations 2000
    
2. The Animals and Animal Products (Import and Export) (Scotland) Regulations 2000[3]are amended in accordance with regulation 3 below.

     3. —(1) In regulation 1(2) (citation, commencement, interpretation and extent)–

    (a) after the definition of "border inspection post" insert–

      " "captive bird" means a bird whose import is subject to the requirements of Commission Decision 2000/666/EC;

      "Commission Decision 2000/666/EC" means Commission Decision 2000/666/EC laying down the animal health requirements and the veterinary certification for the import of birds, other than poultry and the conditions for quarantine[4], as amended by and as read with the instruments listed in paragraph 8A of Part II of Schedule 5;

      "Commission Regulation (EC) No. 282/2004" means Commission Regulation (EC) No. 282/2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community[5];"; and

    (b) after the definition of "place of destination" insert–

      " "quarantine centre", "quarantine facility" and "quarantine unit" in relation to captive birds have the meanings given in Commission Decision 2000/666/EC, and references in these Regulations to an "approved" quarantine centre and quarantine facility shall be construed as referring to such a centre or facility approved in accordance with regulation 18A and Schedule 5A so long as that approval is not revoked or suspended;

      "quarantine manager" in relation to captive birds has the meaning given in regulation 18A(9);".

    (2) For regulation 18 (Import Procedure) substitute–

    " Import procedure
         18. —(1) No person shall import any animal unless they have given one working day's notice in writing of their intention to do so, specifying the number, nature and estimated time of arrival of the animal, to the official veterinarian of the border inspection post through which the animal is to be imported.

        (2) On importation, the importer or their agent shall convey the animal, under the supervision of the enforcement authority, directly to the border inspection post examination area or, where the Decisions listed in Schedule 5[
    a] or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub-paragraph of Article 10.1 of Council Directive 91/496/EEC.

        (3) In relation to captive birds, the importer or his agent shall at the expense of the importer ensure that–

      (a) the bird is conveyed from the border inspection post referred to in paragraph (2) to an approved quarantine facility or quarantine centre as provided for in Articles 2.4, 3.1 and 3.2[b] of Commission Decision 2000/666/EC; and

      (b) the bird is placed and remains in quarantine at that approved quarantine centre or approved quarantine facility in accordance with Articles 3.3, 3.5, 4, 5 and 6[c] of Commission Decision 2000/666/EC and regulation 18A.

        (4) Without prejudice to regulation 18A and paragraph 6 of Part I of Schedule 5A no person shall remove any animal from a border inspection post, quarantine centre or quarantine facility unless the common veterinary entry document has been completed in accordance with Article 3.1[d] of Commission Regulation (EC) No. 282/2004 indicating that all necessary veterinary checks have been carried out to the satisfaction of the official veterinarian.

        (5) No person shall remove any animal from Customs temporary storage arrangements–

      (a) unless the common veterinary entry document has been produced in accordance with Article 3.3[e] of Commission Regulation (EC) No. 282/2004 to an officer of Her Majesty's Customs and Excise and the removal has been authorised by that officer;

      (b) to any place other than the place of destination specified in the common veterinary entry document, unless that person has been required to remove it to another place by means of a notice served on the person by an inspector.

        (6) Subject to paragraphs (2) to (5), the person in charge of an animal imported from a third country shall ensure that it is conveyed to its place of destination without delay and that the original of the common veterinary entry document accompanies it to its place of destination in accordance with Article 3.4[f] of Commission Regulation (EC) No. 282/2004.

        (7) Where a check involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may by notice served on the owner or the person in charge of an animal release that animal from the border inspection post, and require that person to keep the animal in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 21 shall apply as they apply at a border inspection post.

        (8) In the event of a notice served under paragraph (5) or (7) above not being complied with a veterinary inspector may seize or cause to be seized any animal to which it relates, and arrange for the requirements of the notice to be complied with.".

    (3) After regulation 18 (Import Procedure) insert–

    " Quarantine for captive birds
         18A. —(1) The provisions of Part I of Schedule 5A shall have effect in relation to approvals for quarantine centres and quarantine facilities pursuant to Commission Decision 2000/666/EC.

        (2) The quarantine manager shall ensure that the specific requirements described in Part II of Schedule 5A for the quarantine of captive birds are met.

        (3) The importer of a captive bird shall meet the costs of sampling undertaken during the captive bird's quarantine and shall pay the charges for the testing required under Articles 4.1,4.3, 4.4c and 4.5[
    g] or undertaken in connection with Article 5 of Commission Decision 2000/666/EEC as the Scottish Ministers may demand in writing in accordance with paragraph (4) of this regulation.

        (4) For the purposes of testing of samples required under or otherwise undertaken in connection with the Decision–

      (a) the Veterinary Laboratory Agency is designated the official laboratory; and

      (b) the Scottish Ministers may make such charges as are provided for in Part III of Schedule 5A.

        (5) No person may enter a quarantine centre or a quarantine facility unless–

      (a) they wear protective clothing and footwear suitable for preventing the spread of disease; and

      (b) they meet at least one of the following criteria–

        (i) they are a member of staff at that quarantine centre or quarantine facility;

        (ii) they have been authorised to enter by the Scottish Ministers or by a veterinary inspector; or

        (iii) they otherwise do so in fulfilment of a statutory function relating to animal health, animal welfare or species conservation which they are appointed by the Scottish Ministers or by the local authority to perform.

        (6) No person shall remove a live captive bird from a quarantine centre or quarantine facility without the approval of a veterinary inspector.

        (7) No person shall remove or dispose of a carcase of a captive bird which dies in quarantine unless a veterinary inspector has authorised the removal or disposal.

        (8) An inspector shall have powers in relation to the quarantine of captive birds to–

      (a) enter a quarantine centre or quarantine facility to check compliance with these Regulations or with an approval granted or sought under this regulation and Schedule 5A;

      (b) inspect and copy any records (in whatever form they are held) which the inspector considers relevant for checking compliance with the requirements of this Part and Schedule 5A; and

      (c) take such samples and carry out such inspections of a quarantine centre or quarantine facility and its equipment, and such clinical veterinary examinations as are required under Commission Decision 2000/666/EC.

        (9) In this regulation "quarantine manager" means the person in charge of a quarantine centre or quarantine facility for which approval is required under Commission Decision 2000/666/EC.".

    (4) For regulation 19 (Payment of Fees) substitute–

    " Payment of Fees
         19. The official veterinarian shall not authorise the release of animals from a quarantine centre, quarantine facility or border inspection post unless they are satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9.1.a., 9.2,[h] the second and third indents of Article 10.1, Article 10.6 and Article 12.2[i] of Council Directive 91/496/EEC has been lodged.".

    (5) For regulation 20 (Consignments constituting a danger to health) substitute–

    " Consignments constituting a danger to health
         20. —(1) Subject to paragraph (2), where checks at a quarantine centre, quarantine facility or border inspection post or the test results referred to in regulation 18(7) reveal that an animal or a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian shall immediately seize and destroy the animal or consignment (as the case may be) and the costs of such action shall be payable by the importer or his representative.

        (2) Where the presence of Avian Influenza or Newcastle disease is found at a quarantine centre or quarantine facility in accordance with Article 4.4[
    j] of Commission Decision 2000/666/EC, a veterinary inspector shall either–

      (a)

        (i) slaughter and destroy all birds within the quarantine facility or at the unit at the quarantine centre where disease has been found, as required under Article 4.4.a[k] of the Decision; and

        (ii) by notice impose the other measures provided for in Article 4.4[l] of Commission Decision 2000/666/EC;

      or

      (b) serve notice specifying the terms on which the derogation in Article 4.5[m] of the Decision is to be exercised.

        (3) Where during quarantine required under the Decision psittaciformes are suspected or found to be suffering Chlamydia psittaci, the veterinary inspector shall by notice–

      (a) require the treatment of all birds in the consignment by means specified in that notice; and

      (b) extend the period of quarantine as required under Article 5 of the Decision.

        (4)

      (a) A notice served under paragraphs (2) and (3) shall be served upon the quarantine manager or other person appearing to the veterinary inspector to be in charge of the centre or facility at the time of service; and

      (b) a copy of that notice shall be sent to the importer of the birds concerned.".

    (6) In regulation 21(1)(Illegal Consignments) after "quarantine centre" insert ",quarantine facility".

    (7) For regulation 25 (Imports) substitute–

    " Imports
         25. No person shall import any animal to which this Part applies unless it is accompanied by the common veterinary entry document and the authenticated copy of the original health certificate issued at the point of importation into the European Community under Article 7.1[n] of Council Directive 91/496/EEC and Article 3 of Regulation (EC) No. 282/2004.".

    (8) For regulation 26 (Import procedure) substitute–

    " Import Procedure
         26. The provisions of regulations 7 to 13, 16(2) and (3), 18(3) and (6), 18A(3) to (8), 20(2) and (3), 22 and 23 of these Regulations shall apply in relation to animals to which this Part applies.".

    (9) For regulation 33 (Penalties) substitute–

    " Penalties
        
    33. —(1) A person contravening any provision of these Regulations, except those listed in paragraph (2), or any notice served under any such provision shall be guilty of an offence.

        (2) The provisions referred to in paragraph (1) are those contained in–

      (a) regulation 18A(3);

      (b) paragraph 6 of Part I of Schedule 3A; and

      (c) paragraph 2 of Part I of Schedule 3B.

        (3) A person guilty of an offence under regulation 31(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

        (4) A person guilty of any other offence under these Regulations shall be liable–

      (a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both; or

      (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.".

    (10) For regulation 34 (Disapplication of provisions) substitute–

    " Transitional arrangements and disapplication of provisions
        
    34. —(1) These Regulations shall apply to a captive bird which has been lawfully imported pursuant to the Importation of Birds, Poultry and Hatching Eggs Order 1979[6] on or before 17th July 2006 as if the bird had been imported and, if it is in quarantine, placed in quarantine, in accordance with Part IV of Schedule 5A to these Regulations.

        (2) Where, on 17th July 2006, a quarantine centre or quarantine facility held an approval for the purposes of Commission Decision 2000/666/EC that quarantine centre or quarantine facility shall be treated as approved in accordance with regulation 18A and Schedule 5A to these Regulations.

        (3) Subject to paragraph (1), the provisions of the legislation listed in Schedule 6 shall not apply to imports from another member State of animals and animal products to which a Directive or other measure referred to in Part I of Schedule 3 applies, or to imports of an animal to which a Directive or other measure referred to in Schedule 5 applies from the country subject to that Directive or other measure, to the extent specified in column 3 of Schedule 6.".

    (11) In Part 1 of Schedule 3 (Legislation on Intra-Area Trade)–

    (a) after paragraph 6(d)(Poultry and Hatching Eggs) add–

      " (e) the official health certification accompanying poultry, hatching eggs and day-old chicks imported into Scotland from Italy shall include the words "The animal health conditions of this consignment are in accordance with Commission Decision 2005/926/EC[7]";

      (f) in the case of hatching eggs from a protection zone established under Commission Decision 2006/115/EC concerning certain protection measures in relation to highly pathogenic avian influenza in wild birds in the Community[8] ("the wild birds Decision") which are–

        (i) exported from such a protection zone in Scotland to another member State, or

        (ii) imported from such a protection zone in another member State into Scotland,

      pursuant to the derogation in Article 7 of the wild birds Decision, the official health certification required to accompany hatching eggs under Article 17 of Council Directive 90/539/EEC in the form of Model 1 of Annex IV to that Directive shall contain a statement in the following terms:

        " This consignment complies with the animal health conditions laid down in Commission Decision 2006/115/EC.""; and

      (b) in paragraph 10(Other animals, semen, ova and embryos) after the entry for "Commission Decision 2000/528/EC" add–

        " and Council Directive 2004/68/EC (OJ No. L139, 30.4.2004, p. 321[9])".

        (12) In Schedule 5 (Community Legislation on Third Countries)–

      (a) In Part I, paragraph 1 (Third countries from which member States may authorise certain imports), after sub-paragraph (2) insert–

          " (2A) Commission Decision 2000/666/EC as read with Council Directive 92/65/EEC."; and

      (b) In Part II–

        (i) in paragraph 3 (Equidae General) for "; and Commission Decision 96/81/EC (O.J. No. L 19, 25.1.96, p.53)" substitute–

        " Commission Decision 96/81/EC (O.J. No. L 19, 25.1.96, p.53);

        Council Directive 2004/68/EC (OJ No. L139, 30.4.2004, p. 321),"; and

        (ii) after paragraph 8 (Poultry) insert–

      " Captive birds
           8A. Commission Decision 2000/666/EC as read with or amended by–

        Council Directive 92/65/EC;

        Commission Decision 2001/383/EC (OJ No. L137, 19.5.01, p. 28);

        Commission Decision 2002/279/EC (OJ No. L99, 16.04.02, p.17) and the European international instruments.

      Relevant provisions in that instrument: Articles 1, 2, 3, 8 , and 9.".

        (13) After Schedule 5 insert the Schedule set out in the Schedule to these Regulations.

        (14) In Schedule 6 (legislation which does not apply), for the provisions in the Importation of Birds, Poultry and Hatching Eggs Order 1979 listed in column 3 (Extent), substitute–

        " Articles 4 to 7, 9.3 to 9.6, 10 to 12[o] except that article 4 shall continue to apply to all birds (including domestic fowl) and their hatching eggs other than–

        (a) those subject to the provisions of Council Directive 90/539/EEC (excluding domestic fowl);

        (b) those birds and their hatching eggs traded within the Community which are subject to the provisions of Council Directive 92/65; and

        (c) those birds subject to the provisions of Commission Decision 2000/666/EC.".


    ROSS FINNIE
    A member of the Scottish Executive

    St Andrew's House, Edinburgh
    7th June 2006



    SCHEDULE
    Regulation 3(13)


    Schedule to be inserted into the Animal and Animal Products (Import and Export)(Scotland) Regulations 2000






      " SCHEDULE 5A
      Regulation 18A(2)


      Approval of quarantine centres and quarantine facilities and specific requirements for the quarantine of captive birds




      PART I

      Approvals
           1. Any reference to "the Decision" in this Schedule is a reference to Commission Decision 2000/666/EC.

           2. The Scottish Ministers may, if they are satisfied in all the circumstances that it is appropriate to do so, grant an approval in respect of–

        (a) a quarantine centre which at least meets the minimum conditions set out in Annex B of the Decision in relation to quarantine centres and quarantine units; and

        (b) a quarantine facility which at least meets the minimum conditions set out in Annex B of the Decision in relation to quarantine facilities.

           3. Subject to the provisions of paragraph 4 of this Part, an approval shall expire at the end of 12 months from the date it was granted unless–

        (a) the transitional arrangements of Part IV apply;

        (b) an earlier expiry date is provided for; or

        (c) it is revoked under regulation 1(5).

           4. The Scottish Ministers shall give reasons in writing–

        (a) for refusing to grant an approval provided for in this Schedule;

        (b) for providing that such an approval shall expire earlier than 12 months from the date on which it was granted.

           5. Notice of a revocation or suspension of an approval granted under this Schedule shall–

        (a) state–

          (i) the reasons for the revocation, and

          (ii) the time and date when it is to take effect;

        (b) be served upon the quarantine manager–

          (i) in person, or

          (ii) by leaving it at the quarantine centre or quarantine facility concerned; or

          (iii) by post addressed to the quarantine manager at the quarantine centre or quarantine facility concerned; and

        (c) be copied to the importer and if the importer is not the owner of the birds concerned, so far as is practicable, to the owner of birds kept at the quarantine centre or quarantine facility at the date the revocation or suspension is to take effect.

           6. Where an approval is revoked and the continuation of quarantine at the quarantine centre or quarantine facility concerned would, in the opinion of a veterinary inspector, cause a significant public or animal health risk, the veterinary inspector may issue directions by notice as to the movement or disposal of birds held in quarantine at the time the notice of revocation is stated to take effect, and such notice shall be served upon the quarantine manager and copied to any importer and owner concerned as if it were a notice to which paragraph 5(b) and (c) applied.



      PART II

      Specific requirements

           1. In this Part of this Schedule "the quarantine period" has the meaning given in paragraphs 2 and 3 below.

           2. Birds shall be quarantined for a period ("the quarantine period") of at least 30 days at the quarantine centre or quarantine facility to which they have been conveyed from the border inspection post and in the case of a quarantine facility at which consignments arriving at different dates are quarantined, the quarantine period shall be extended to expire no sooner than 30 days after the last consignment arrived at the quarantine facility.

           3. No bird at a quarantine centre may share a quarantine unit with any other bird unless that other bird arrived in the same consignment as the first bird, and in the event that one bird shares a quarantine unit with another bird, the quarantine period for any bird in the quarantine unit shall be extended to expire no sooner than 30 days after the last bird was placed in the quarantine unit.

           4. Psittaciformes shall be identified individually in accordance with the requirements of Chapter 2B of Annex B to the Decision.

           5. The use of sentinel chickens shall conform with Article 4.2[
      p] of the Decision.

           6. Suitable arrangements shall be made for the taking of samples by a veterinary inspector in accordance with Articles 4.1, 4.3, 4.4.c, 4.4.d, and 4.5[q] of the Decision.

           7. The presence or suspected presence of disease in a bird at a quarantine centre or quarantine facility, and the death of any bird during their quarantine period shall be reported to the veterinary inspector supervising the quarantine centre or quarantine facility as soon as is reasonably practicable.

           8. The destruction, cleansing and disinfection and post-infection sampling from sentinel chickens or other birds in other units (in the case of quarantine centres), and the restrictions on movements onto or off the quarantine centre or quarantine facility shall conform with Article 4.4[r] of the Decision, unless notice is served under regulation 20(2)(b).

           9. Cages and crates used for the transport of birds to the quarantine centre or quarantine facility shall be destroyed by the quarantine manager in such a way as to avoid the spread of disease, unless the cages or crates are made of a material which allows effective cleaning and disinfection, in which case they may be cleansed, disinfected and re-used.

           10. Litter and waste material from the quarantine centre or quarantine facility shall be collected, stored and treated as approved or required in writing by the official veterinarian in accordance with paragraph 9 of Chapter 2A of Annex B to the Decision and in any event so as to avoid spread of disease.

           11. Records shall be maintained and retained for at least one year–

        (a) in respect of each consignment of the date, number and species of captive birds entering and leaving the quarantine centre or facility;

        (b) of individual identification numbers of psittaciformes held at the quarantine centre or quarantine facility;

        (c) of any significant observations as to the condition of captive birds during quarantine;

        (d) of illness and number of deaths, recorded on a daily basis;

        (e) of dates and results of veterinary tests carried out in respect of captive birds during quarantine; and

        (f) of names of persons entering the quarantine centre or quarantine facility, including the authority by which entry was gained.

           12. A copy of the health certificate and the common veterinary entry document referred to in Article 3 of Commission Regulation (EC) No. 282/2004 which accompanies the captive birds upon import shall be kept for at least one year after the arrival of a captive bird at the quarantine centre or quarantine facility.



      PART III

      CHARGES FOR TESTING OF SAMPLES (INCLUDING POST MORTEM TISSUE REMOVAL) IN RELATION TO CAPTIVE BIRDS IN QUARANTINE

           1. Charges for post mortem tissue removal for purposes of testing:

        (a) per batch of up to five birds: £47.30;

        (b) per batch consisting of three birds: £44.40;

        (c) per batch consisting of two birds: £29.60;

        (d) per batch consisting of a single bird: £14.80.

           2. Charges for single virus culture (that is, avian virus isolation in Specific Pathogen Free eggs via allantoic cavity for avian influenza virus, Newcastle Disease virus and avian paramyxovirus) in one pool of up to five birds:

        (a) of cloacal swab or faeces sample: £53.60;

        (b) of tissue samples from post mortem examination: £107.20.

           3. Charges for serology of sentinel birds (Newcastle Disease (PMV–1), Influenza (H5) and Influenza (H7)):

        per set of 3 tests for each sentinel bird: £15.00.

        4. Charges for testing for Chlamydophila Polymerase Chain Reaction:

        per sample tested: £30.00.



      PART IV

      Transitional arrangements for existing approvals

           1. A quarantine centre or quarantine facility which on 17th July 2006 held an approval for the purposes of Commission Decision 2000/666/EC shall, subject to the provisions of this Part, be an approved quarantine centre or an approved quarantine facility as if approved under regulation 18A and Part I of this Schedule, and shall be subject to the requirements of these Regulations accordingly.

           2. An approval referred to in paragraph 1 shall, unless revoked, expire on the date it was due to expire when first granted.".



    EXPLANATORY NOTE

    This note is not part of the Regulations


    These Regulations amend the Animals and Animal Products (Import and Export) (Scotland) Regulations (“the principal Regulations).

    The Regulations implement the following Community measures–

      (a) Commission Decision 2000/666/EC laying down the animal health requirements and the veterinary certification for the import of birds, other than poultry and the conditions for quarantine (O.J. No. L 278, 31.10.00, p.26) ("the Decision"); and

      (b) Council Directive 2004/68/EC laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals (O.J. No. L 139, 30.4.04, p.321 ("the Directive")).

    In relation to the Decision, the principal Regulations are amended to provide for the arrangements for quarantine of captive birds imported from third countries. Specific requirements are imposed upon quarantine managers as to the running of quarantine centres and facilities. General prohibitions are applied to any persons in respect of entry into a quarantine facility or centre and removal of birds and carcases from quarantine without the authorisation of a veterinary inspector. In addition, inspectors have been given powers of entry, inspection and sampling in relation to the quarantine of captive birds. The Veterinary Laboratories Agency is designated as the official laboratory for the purposes of the Decision and there is provision for charges for laboratory testing carried out in connection with it (regulation 3(3), (13) and the Schedule)).

    Amendments are also made to the principal Regulations as a consequence of the implementation in these Regulations of the Decision (regulation 3(1) and (2), (4) to (6), (8), (9) and (12)(a)).

    There are also provisions prescribing the measures which must be taken when avian influenza, Newcastle disease or Chlamydia psittaci is found in an imported captive bird at a quarantine centre or facility (regulation 3(5)).

    Transitional arrangements are provided for in respect of quarantine approvals currently held by avian quarantine centres or facilities and captive bird imports generally (regulation 2(10), (13) and the Schedule) and the disapplication provisions in the principal regulations have been revised to disapply the Importation of Birds, Poultry and Hatching Eggs Order 1979 (S.I. 1979/1702) in relation to imports of captive birds from third countries (regulation 3(10) and (14)).

    In relation to the Directive, the relevant Schedules of the principal Regulations (Schedules 3 and 5) have been amended to include reference to it (regulation 3(11)(b) and (12)(b)(i)). Schedule 3 to the principal Regulations is also amended to update the list of instruments specifying additional requirements which must be complied with in relation to intra-community trade in poultry and hatching eggs (regulation 3(11)(a)).

    Amendments have also been made to the principal Regulations to include reference to the Common Veterinary Entry Document pursuant to Commission Regulation (EC) No. 282/2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community (O.J. L 49, 19.2.04, p.11) (regulation 3(1)(a),(2) and (7)).

    A regulatory impact assessment has not been prepared for these Regulations.


    Notes:

    [1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The functions conferred on the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

    [2] 1973 c.51.back

    [3] S.S.I. 2000/216, as amended by S.S.I. 2000/300 and S.S.I. 2005/502.back

    [4] O.J. No. L 278, 31.10.00, p.26.back

    [5] O.J. L 49, 19.2.04, p.11.back

    [6] S.I. 1979/1702, as amended by S.I. 1990/2371.back

    [7] O.J. No. L 337, 22.12.05, p.60.back

    [8] O.J. No. L 48, 18.2.06, p.48.back

    [9] A corrigendum has been published in O.J. No. L 226, 25.06.04, p.128.back


    [a] Amended by Correction Slip. Page 2, regulation 3(2), in the substituted regulation 18(2), line three: "where the decisions listed in Schedule 5" should read, "where the Decisions listed in Schedule 5"; back

    [b] Amended by Correction Slip. Page 2, regulation 3(2), in the substituted regulation 18(3)(a), lines two and three: "Articles 2(4) and 3(1) and (2)" should read, "Articles 2.4, 3.1 and 3.2"; back

    [c] Amended by Correction Slip. Page 2, regulation 3(2), in the substituted regulation 18(3)(b), line two: "Articles 3(3), (5), 4, 5 and 6" should read, "Articles 3.3, 3.5, 4, 5 and 6"; back

    [d] Amended by Correction Slip. Page 2, regulation 3(2), in the substituted regulation 18(4), line four: "Article 3(1)" should read, "Article 3.1"; back

    [e] Amended by Correction Slip. Page 2, regulation 3(2), in the substituted regulation 18(5)(a), line two: "Article 3(3)" should read, "Article 3.3"; back

    [f] Amended by Correction Slip. Page 2, regulation 3(2), in the substituted regulation 18(6), line four: "Article 3(4)" should read, "Article 3.4"; back

    [g] Amended by Correction Slip. Page 3, regulation 3(3), in the substituted regulation 18A(3), line three: "Articles 4(1), (3), (4)(c) and (5)" should read, "Articles 4.1, 4.3, 4.4c and 4.5"; back

    [h] Amended by Correction Slip. Page 4, regulation 3(4), in the substituted regulation 19, line four: "Article 9(1)(a), 9(2)," should read, "Article 9.1.a, 9.2,"; back

    [i] Amended by Correction Slip. Page 4, regulation 3(4), in the substituted regulation 19, line five: "Article 10(1), Article 10(6) and Article 12(2)" should read, "Article 10.1, Article 10.6 and Article 12.2"; back

    [j] Amended by Correction Slip. Page 4, regulation 3(5), in the substituted regulation 20(2), line two: "Article 4(4)" should read, "Article 4.4" back

    [k] Amended by Correction Slip. Page 4, regulation 3(5), in the substituted regulation 20(2)(a)(i), line three: "4(4)(a)" should read, "4.4.a"; back

    [l] Amended by Correction Slip. Page 4, regulation 3(5), in the substituted regulation 20(2)(a)(ii), line one: "Article 4(4)" should read, "Article 4.4"; back

    [m] Amended by Correction Slip. Page 4, regulation 3(5), in the substituted regulation 20(2)(b), line one: "Article 4(5)" should read, "Article 4.5"; back

    [n] Amended by Correction Slip. Page 4, regulation 3(7), in the substituted regulation 25, line four: "Article 7(1)" should read, "Article 7.1"; back

    [o] Amended by Correction Slip. Page 6, regulation 3(14), in the substituted entry in Schedule 6, "Legislation which does not apply", for the provisions in the Importation of Birds, Poultry and Hatching Eggs Order 1979 listed in column 3, headed "Extent": "Articles 4 to 7, 9(3) to (6), 10 to 12"should read, "Articles 4 to 7, 9.3 to 9.6, 10 to 12"; back

    [p] Amended by Correction Slip. Page 9, in the Schedule, in the inserted Schedule 5A, Part II, paragraph 5: "Article 4(2)" should read, "Article 4.2"; back

    [q] Amended by Correction Slip. Page 9, in the Schedule, in the inserted Schedule 5A, Part II, paragraph 6, line two: "Articles 4(1), (3), (4)(c) and (d), and (5)" should read, "Articles 4.1, 4.3, 4.4.c, 4.4.d and 4.5"; and back

    [r] Amended by Correction Slip. Page 9, in the Schedule, in the inserted Schedule 5A, Part II, paragraph 8, line three: "Article 4(4)" should read, "Article 4.4". back



    ISBN 0 11 070689 7


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    Prepared 23 June 2006
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