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The Exotic Disease (Amendment) (England) (EU Exit) Regulations 2018

S.I. 2018/1406 · Made 20 December 2018 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union, England

Animal Health

Sift requirements satisfied 26th November 2018

Made 20th December 2018

Laid before Parliament 21st December 2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018 M1.

The requirements of paragraph 3(2) of Schedule 7 to the Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Annotations to the whole text

Marginal citations

M1

2018 c. 16.

Contents

  1. 1Citation and commencement
  2. 2The Foot-and-Mouth Disease (England) Order 2006
  3. 3The Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006
  4. 4The Avian Influenza (Preventive Measures) (England) Regulations 2006
  5. 5The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No 2) Order 2006
  6. 6The Avian Influenza (Vaccination) (England) Regulations 2006
  7. 7The Avian Influenza (H5N1 in Poultry) (England) Order 2006
  8. 8The Products of Animal Origin (Disease Control) (England) Regulations 2008
  9. 9The Bluetongue Regulations 2008
  10. 10The Poultry Compartments (England) Order 2010
  11. 11The African Horse Sickness (England) Regulations 2012
  12. Signature
  13. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Exotic Disease (Amendment) (England) (EU Exit) Regulations 2018 and come into force on exit day.

2The Foot-and-Mouth Disease (England) Order 2006I1F1

In the Foot-and-Mouth Disease (England) Order 2006, in Schedule 8, in paragraph 7, for “another” substitute “a”.

3The Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006I1

(1)

The Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006 M1 are amended as follows.

(2)

In regulation 9(1)(c), at the end insert “ with the reference to “Member States” in paragraph 3.1 in Annex X being read as a reference to the Secretary of State ”.

(3)

In regulation 28, for “another” substitute “ a ”.

4The Avian Influenza (Preventive Measures) (England) Regulations 2006I1

(1)

The Avian Influenza (Preventive Measures) (England) Regulations 2006 M1 are amended as follows.

(2)

In regulation 9(5), omit the words from “approved” in the first place it occurs to the end.

(3)

In regulation 11(2)(a) and (3), for “another” substitute “ a ”.

5The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No 2) Order 2006I1

(1)

The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No 2) Order 2006 M1 is amended as follows.

(2)

In article 22(2), for “another” substitute “ a ”.

(3)

In article 32, for “intra-Community or international trade” substitute “ export outside the United Kingdom ”.

(4)

In article 50(1)(b)(ii) for “another” substitute “ a ”.

(5)

In article 63(5), for “intra-Community or international trade” substitute “ export outside the United Kingdom ”.

6The Avian Influenza (Vaccination) (England) Regulations 2006I1

(1)

The Avian Influenza (Vaccination) (England) Regulations 2006 M1 are amended as follows.

(2)

In regulation 2, in paragraph (1)—

(a)

in the definition of “emergency vaccination plan”, after “Article 53 of the Directive” insert—

“, reading that Article as if—

(a)

in paragraph 1—

(i)

for “A Member State” there were substituted “ The Secretary of State ”;

(ii)

for “the Member State” there were substituted “ England ”;

(iii)

the words “concerned” to the end were omitted;

(b)

in paragraph 2, in the first subparagraph—

(i)

for “a Member State” there were substituted “ the Secretary of State ”;

(ii)

for the words from “it shall submit” to the end there were substituted “ the Secretary of State must produce an emergency vaccination plan ”;

(c)

paragraph 3 were omitted.”;

(b)

in the definition of “preventive vaccination plan”, after “Article 56 of the Directive” insert—

“, reading that Article as if—

(a)

in paragraph 1, the reference to Member States were a reference to the Secretary of State;

(b)

in paragraph 2, in the first subparagraph—

(i)

for “a Member State” there were substituted “ the Secretary of State ”;

(ii)

for the words from “it shall submit” to the end there were substituted “ the Secretary of State must produce a preventive vaccination plan ”;

(c)

paragraph 3 were omitted.”;

(3)

In regulation 6(3), for the words from “after” to “Directive” substitute “ in accordance with an emergency vaccination plan ”.

(4)

In regulation 7(2)(b), for the words from “has been submitted” to the end substitute “ is in place ”.

(5)

In regulation 10—

(a)

in the heading, for “an approved plan” substitute “ a published emergency vaccination plan ”;

(b)

in paragraphs (1) and (7), for the words from “approved” to the end substitute “ published by the Secretary of State ”.

7The Avian Influenza (H5N1 in Poultry) (England) Order 2006I1

(1)

The Avian Influenza (H5N1 in Poultry) (England) Order 2006 M1 is amended as follows.

(2)

In Article 2—

(a)

in the definition of “approved body”, for the words “in accordance” to the end, substitute “ by the Secretary of State ”;

(b)

after the definition of “temporary movement restriction zone” insert—

““third country” means any country that is neither the United Kingdom nor a member State.”.

(3)

In article 9—

(a)

in paragraph (1), for “other member State” substitute “ a member State ”;

(b)

in paragraph (3)(c), for “another” substitute “ a ”.

(4)

In article 10—

(a)

in paragraph (1), for “other” substitute “ a ”;

(b)

in paragraph (3)(c) and (e), for “another” substitute “ a ”.

(5)

In article 11(1), for “other” substitute “ a ”.

(6)

In article 14(1)(d), for “another” substitute “ a ”.

8The Products of Animal Origin (Disease Control) (England) Regulations 2008I1

(1)

The Products of Animal Origin (Disease Control) (England) Regulations 2008 M1 are amended as follows.

(2)

Omit regulation 17(15)(b) (and the “and” immediately preceding it).

(3)

In Schedule 3, omit paragraph (1)(b)(iii).

9The Bluetongue Regulations 2008I1

Omit regulation 19(4)(b) of the Bluetongue Regulations 2008 M1 (and the “and” immediately preceding it).

10The Poultry Compartments (England) Order 2010I1

In article 4(1)(f) of the Poultry Compartments (England) Order 2010 M1, omit “a representative of the European Commission or”.

11The African Horse Sickness (England) Regulations 2012I1

Omit regulation 29(8)(b)(ii) of the African Horse Sickness (England) Regulations 2012 M1 (and the “and” immediately preceding it).

Signature

Gardiner of Kimble

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Explanatory note

(This note is not part of these Regulations)

These Regulations are made in exercise of the powers in the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of EU-derived domestic legislation to operate effectively and other deficiencies (in particular, under section 8(2)(d) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union. These Regulations make amendments to legislation in England in the field of exotic diseases in animals.

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