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The Trade in Animals and Related Products (Scotland) Regulations 2012

S.S.I. 2012/177 · Made 29 May 2012 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 25 February 2025.

Animals

Agriculture

Made 29th May 2012

Laid before the Scottish Parliament 31st May 2012

Coming into force 1st July 2012

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 M1, section 56(1) and (2) of the Finance Act 1973 M2 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for a reference in these Regulations to an EU instrument listed in Schedule 1 to be construed as a reference to that instrument as amended from time to time.C1

Annotations to the whole text

Marginal citations

M1

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act and was amended by Schedule, Part 1 of the 2008 Act.

M2

1973 c.51. The powers in section 56 are exercised in regard to regulation 32(1) of this instrument. The reference to a Government department in section 56(1) is to be read as a reference to the Scottish Administration by virtue of article 2(2) of the Scotland Act (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820) and the functions of the Minister transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain the consent of the Treasury was removed by section 55 of the Scotland Act 1998. Section 56(1) was amended by S.I. 2011/1043.

Modifications

C1

Instrument applied in part (with modifications) (25.2.2025) by The Movement of Goods (Northern Ireland to Great Britain) (Animals, Feed and Food, Plant Health etc.) (Transitory Provision and Miscellaneous Amendments) Regulations 2025 (S.I. 2025/217), regs. 1(1), 2, Sch. 1

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Exception for pet animals
  5. 4International agreements Repealed
  6. Part 2: Movement between member States Repealed
  7. 5Movement of animals or genetic material to or from member States Repealed
  8. 6Preparation of a health certificate Repealed
  9. Part 3: Importation from a third country
  10. 7Scope of this Part
  11. 8Meaning and use of Common Health Entry Document (“CHED”)
  12. 9Border Control Posts
  13. 10Appointment of official veterinarians and official fish inspectors
  14. 11Place of importation
  15. 12Notification of importation
  16. 13Procedure on importation
  17. 14Removal from a border control post
  18. 15Supervision and monitoring consignments
  19. 16Destination outside Great Britain
  20. 17Unchecked consignments
  21. 18Action following non-compliance: products
  22. 19Consignments of products likely to constitute a risk to animal or animal health
  23. 20Serious contraventions, repeated contraventions, and breach of maximum residue limits
  24. 21Action following non-compliance: animals
  25. 22Appeals
  26. 23Re-importation of animals and products
  27. 24Admission of products into warehouses
  28. 24AAdditional requirements in specific cases
  29. Part 4: Safeguard measures
  30. 25Special measures
  31. Part 5: Administration
  32. 26Notifications and authorisations
  33. 27Enforcement
  34. 28Powers of entry
  35. 29Powers of authorised officers
  36. 30Importation of animals and products constituting a risk to animal or public health
  37. 30AReview of decisions by an appointed person
  38. 31Exchange of information
  39. 32Fees and expenses
  40. 33Offences
  41. 34Protection of officials acting in good faith
  42. 35Offences by bodies corporate
  43. 36Penalties
  44. 37Consequential amendments
  45. 38Revocations
  46. 39Saving provision
  47. Signature
  48. Schedule 1European Union legislation Repealed
  49. Schedule 2: Additional requirements in specific cases
  50. Part 1: Additional requirements for trade with member States Repealed
  51. 1Assembly centres and dealers in cattle, pigs, sheep or goats Repealed
  52. 2Transport of cattle, pigs, sheep or goats Repealed
  53. 3Poultry Health Scheme Repealed
  54. 4Approvals for the Balai Directive Repealed
  55. 5Circuses Repealed
  56. 6Animal by-products Repealed
  57. Part 2: Additional provisions relating to imports from third countries
  58. 7Arrival at premises of destination
  59. 8Imported birds
  60. 9Horses
  61. 10Ship supply
  62. 10ASpecial import conditions: products of animal origin
  63. 11Charges for veterinary checks from New Zealand Repealed
  64. Schedule 3: Cases to which Part 3 does not apply
  65. 1Case 1: Personal imports and small consignments
  66. 2Case 2: International means of transport
  67. 3Case 3: Research and diagnostic samples
  68. 4Case 4: Consignments cleared in Great Britain
  69. 5Case 5: Composite products
  70. 6Case 6: Animals subject to rabies control
  71. 7Case 7: Relevant animals intended for scientific purposes
  72. 8Case 8: low risk goods exempted under Article 48(1) and (2)(h) of the Official Controls Regulation
  73. Schedule 4: Consequential amendments
  74. 1Bluetongue (Scotland) Order 2008
  75. 2Importation of Animal Products and Poultry Products Order 1980
  76. 3Official Feed and Food Controls (Scotland) Regulations 2009
  77. 4Fishery Products (Official Controls Charges) (Scotland) Regulations 2007
  78. 5The Swine Vesicular Disease (Scotland) Order 2009
  79. 6The Aquatic Animal Health (Scotland) Regulations 2009
  80. 7The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974
  81. Schedule 5: Application of, derogations from, and modifications to, Part 3 in relation to certain territories subject to transitional import arrangements
  82. Part 1: Introductory
  83. 1Application
  84. 2Application of, derogations from, and modifications to, Part 3 of these Regulations
  85. Part 2: Derogations from, and modifications to, Part 3 of these Regulations
  86. 3Derogation from regulation 11: place of importation
  87. 4Derogation from regulation 12: notification of importation
  88. 5Derogation from regulation 13: procedure on importation
  89. 6Derogation from regulation 17(a): unchecked consignments
  90. 7Modification of regulation 18: action following non-compliance: products
  91. 8Modification of regulation 21: action following non-compliance: animals
  92. Part 3: Additional rules in relation to relevant goods consisting of live animals
  93. 9Live animals
  94. Schedule 6Transitional import arrangements: animal by-products and derived products requiring a health certificate on importation
  95. Explanatory note