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The Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019

S.I. 2019/457 · Made 5 March 2019 · Extends to United Kingdom

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

Exiting The European Union

Animals

Farriers

Veterinary Surgeons

Made 5th March 2019

Coming into force in accordance with regulation 1(1)

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

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Marginal citations

M1

2018 c. 16.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and interpretation
  3. Part 2: Amendment and transitional provision regarding the Farriers (Registration) Act 1975
  4. 2Amendment of the Act
  5. 3Applications before IP completion day: transitional provision
  6. 4Temporary and occasional provision of services: transitional provision
  7. 4AApplications under the Act: Swiss citizens’ rights agreement entitled persons
  8. Part 3: Amendment of the Animal Health Act 1981
  9. 5Amendment of the Animal Health Act 1981
  10. Part 4: Amendment of subordinate legislation
  11. 6Amendment of the Veterinary Surgery (Rectal Ultrasound Scanning of Bovines) Order 2010
  12. 7Amendment of the Veterinary Surgery (Epidural Anaesthesia of Bovines) Order 2010
  13. 8Amendment of the Veterinary Surgery (Artificial Insemination) Order 2010
  14. Signature
  15. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

(2)

In these Regulations, “the Act” means the Farriers (Registration) Act 1975 M1.

2Amendment of the ActI1

(1)

The Act is amended as follows.

(2)

Omit sections 3(2A) and 4(5) M1.

(3)

In section 7 M2—

(a)

in subsection (1)—

(i)

in paragraph (d), at the end, insert “ or ”;

(ii)

in paragraph (e)(i), for “a relevant European State” substitute “ Great Britain ”;

(iii)

omit paragraphs (f) and (g);

(b)

omit subsections (6) to (9).

(4)

In section 9 M3—

(a)

omit subsections (2) to (5);

(b)

in subsections (6) and (7), omit “(2), (3) or (4)”.

(5)

In section 10(1)(b) M4, for “, Part IV or Part V” substitute “ or Part 4 ”.

(6)

Omit section 15(1)(d) M5 (together with the preceding “or”).

(7)

Omit section 15A(1)(iii) M6 (together with the preceding “or”).

(8)

Omit section 16(2)(c) M7 (together with the preceding “or”).

3Applications before IP completion day: transitional provisionF3I1

(1)

This regulation applies where before F1IP completion day—

(a)

an application under Part 3 of the European Union (Recognition of Professional Qualifications) Regulations 2015 M1 has been made but not determined, or

(b)

an application under section 7(1)(g) of the Act has been made but not determined.

(2)

The provisions of the Act continue to apply to that application as if the Act were not amended by regulation 2 of these Regulations, but as if in section 7—

(a)

in subsection (1)—

(i)

in paragraph (f)—

(aa)

for “the European Union (Recognition of Professional Qualifications) Regulations 2015” there were substituted “ the 2015 Regulations by virtue of the operation of paragraph 44 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 M2 ”;

(bb)

for “those Regulations” there were substituted “ the 2015 Regulations ”;

(ii)

in paragraph (g), for “those Regulations” there were substituted “ the 2015 Regulations, as they applied on the day before F2IP completion day”;

(b)

after subsection (1) there were inserted—

“(1A)

In subsection (1), “the 2015 Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015.”.

4Temporary and occasional provision of services: transitional provisionI1

(1)

This Regulation applies to a declaration—

(a)

which has been submitted or renewed in accordance with regulation 15 of the European Union (Recognition of Professional Qualifications) Regulations 2015, and

(b)

in respect of which paragraph 42 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 applies.

(2)

The provisions of the Act continue to apply to that declaration as if the Act were not amended by regulation 2 of these Regulations, but as if in section 7(6) after “if” it were inserted “ , by virtue of paragraph 42 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019, ”.

4AApplications under the Act: Swiss citizens’ rights agreement entitled personsF1I1

(1)

In this regulation, “qualifying applicant” has the meaning given by paragraph 51 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 (qualifications begun before IP completion day – extended period for applications under the Swiss citizens’ rights agreement).

(2)

In relation to a qualifying applicant, the Act has effect as if the amendments made by regulation 2 did not apply, and as if, in section 7(1)(f), for “the European Union (Recognition of Professional Qualifications) Regulations 2015” there were substituted “the European Communities (Recognition of Professional Qualifications) Regulations 2007, by virtue of the operation of paragraph 51 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019,”.

5Amendment of the Animal Health Act 1981I1

(1)

The Animal Health Act 1981 M1 is amended as follows.

(2)

In section 64A M2—

(a)

in the heading, for “EU obligations” substitute “ retained EU law ”;

(b)

in paragraph (a), in the words after sub-paragraph (ii), for the words from “the provisions” to “or are” substitute “ any retained EU law within an order made under this Act has been or is ”.

(3)

In Schedule 3, omit paragraph 2A(4)(a) M3.

6Amendment of the Veterinary Surgery (Rectal Ultrasound Scanning of Bovines) Order 2010I1

(1)

The Veterinary Surgery (Rectal Ultrasound Scanning of Bovines) Order 2010 M1 is amended as follows.

(2)

In Article 1(2), in the definition of “approved course”, omit paragraph (b) (together with the preceding “or”).

(3)

In Article 4(2), omit the words from “or a person” to “the Act”.

7Amendment of the Veterinary Surgery (Epidural Anaesthesia of Bovines) Order 2010I1

(1)

The Veterinary Surgery (Epidural Anaesthesia of Bovines) Order 2010 M1 is amended as follows.

(2)

In Article 3—

(a)

in the definition of “approved course”, omit paragraph (b) (together with the preceding “or”);

(b)

in the definition of “embryo collection or embryo transfer team”—

(i)

for “Secretary of State,” substitute “ Secretary of State or ”;

(ii)

omit “or by the competent authority of a relevant European State”.

(3)

Omit Article 4(2)(b)(ii)(bb) (together with the preceding “or”).

8Amendment of the Veterinary Surgery (Artificial Insemination) Order 2010I1

(1)

The Veterinary Surgery (Artificial Insemination) Order 2010 M1 is amended as follows.

(2)

In Article 1(2), in the definition of “veterinary surgeon”, omit the words from “or who holds” to the end.

(3)

In Article 3—

(a)

in paragraph (2)(c)—

(i)

in paragraph (ii), at the end, insert “ or ”;

(ii)

omit paragraph (iv) (together with the preceding “or”);

(b)

in paragraph (3), omit sub-paragraph (b) (together with the preceding “or”).

(4)

In Article 4(3), omit sub-paragraph (b) (together with the preceding “or”).

Signature

Gardiner of Kimble

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of domestic legislation to operate effectively and other deficiencies (in particular under section 8(2)(c) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to domestic legislation in the fields of mutual recognition of professional qualifications, in particular farriers, and animal health. Part 2 amends the Farriers (Registration) Act 1975 (c. 35) and makes transitional provision; Part 3 amends the Animal Health Act 1981 (c. 22); Part 4 amends subordinate legislation.

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