Explanatory note

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(f) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union. The retained EU law concerns the importation of animals and related animal products into Great Britain, or the transit of animals or related animal products through Great Britain.

The domestic legislation listed below requires consignments of animals or animal products that are being imported into or transiting through Great Britain to comply with animal and public health requirements of EU directives and other EU Regulations and Decisions that are set out in Schedule 1 of the following instruments—

In Part 2, regulations 5 and 6 amend the legislation listed in points (a) and (b) above, to replace Schedule 1 to those instruments with a new, updated list of legislation in regulation 7(2) (see Part 3 of these Regulations).

In Part 3, regulation 7(1) introduces the list of legislation that replaces Schedule 1 of the domestic instruments and regulation 7(2) then lists the legislation that contains the animal and public health requirements required for importation into Great Britain.

In Part 4, regulation 8(1) introduces the list of functions set out in the Schedule that are being transferred from EU bodies to the appropriate authority in England or Scotland. Regulation 8(2) and (3) refers to the list of functions of the EU Directives, and other associated provisions that are relevant or connected to the listed function, that are conferred on the appropriate authority by these Regulations and makes those functions and associated provisions exercisable in domestic law. Regulation 9 sets out the regulation-making procedure for the exercise of any functions listed in the Schedule that are legislative powers.

In Part 5, regulations 10 to 22 set out the modifications made to the provisions of the EU Directives listed in regulation 7(2)(a) and to the functions and associated provisions of those EU Directives listed in the Schedule.

The Schedule lists the provisions of the EU Directives that confer functions on the appropriate authority, together with any other provisions that are either relevant or connected to the exercise of a listed function.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.