Explanatory note

These Regulations supplement the Animal Welfare (Livestock Exports) Act 2024 (c. 11) (“the Act”) by making provision in relation to the enforcement of section 1 of the Act.

Part 2 contains provisions relating to enforcement. It provides that the Regulations are to be enforced by the enforcement authorities (regulation 4). It confers powers on inspectors appointed by an enforcement authority in relation to the enforcement of the Act and these Regulations. The powers include provision to issue a hold notice (regulation 5), and powers of entry and seizure (regulations 9 and 10). The appropriate authority (the Secretary of State, the Scottish Ministers or the Welsh Ministers) may also revoke or suspend certain approvals, authorisations and certificates which it has issued, in circumstances where any provision of the Act or these Regulations has not been complied with (regulation 7). Schedule 1 provides an appeal procedure for such suspensions or revocations. Regulations 11 and 12 make provision about the keeping of records by anyone exporting relevant livestock from Great Britain, and the production of records to inspectors for the purposes of investigating offences under section 1 of the Act or these Regulations. Regulations 17 and 18 provide time limits for bringing prosecutions and regulation 19 provides that the Commissioners for His Majesty’s Revenue and Customs (“HMRC”) may disclose information to the enforcement authorities for the purposes of the Regulations. It is an offence for a person who has received information from HMRC to disclose it to another person if the data relates to an identifiable person.

Failure to comply with a hold notice, failure to keep records and obstructing inspectors are also offences under the Regulations. An offence is punishable by a fine (regulation 15).

Part 3 contains provisions on the service of notices (regulation 20) and transitional provision (regulation 22). It also introduces Schedule 2 (regulation 21), which contains consequential and supplementary amendments to related legislation.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A full impact assessment has been published in relation to the Act and copies can be obtained from the Department for Environment, Food and Rural Affairs at 2 Marsham Street, London, SW1P 4DF or at the website of the Department for Environment, Food and Rural Affairs at www.gov.uk/defra.