Regulation 27 Enforcement
Scotland
At a F1border control post these Regulations are enforced—
in relation to animals by the Scottish Ministers; and
in relation to products by the local authority.
Outside a border control post, these Regulations are enforced—
in relation to aquatic animals and aquaculture animal products by the Scottish Ministers;
in relation to animals F3, other than those mentioned in sub-paragraph (za), by the local authority;
in relation to products F4, other than those mentioned in sub-paragraph (za),—
except where head (ii) applies, by the local authority; or
In addition, in relation to products, these Regulations are enforced by a general customs official in any place (other than the inspection facilities in a border control post) where goods are subject to customs supervision by that official under F6the Taxation (Cross-border Trade) Act 2018.
The Scottish Ministers may direct, in relation to cases of a particular description or a particular case, that the Scottish Ministers will discharge any duty imposed on a local authority under this regulation.
The Scottish Ministers may recover from the local authority concerned any expenses reasonably incurred by them under paragraph (4).
Where a customs officer exercising a statutory function at any place under customs supervision discovers any animal or product suspected of being non-compliant, that officer must detain it and notify such detention to an authorised officer of the relevant enforcement authority.
In paragraph (2)(za)—
“aquatic animal” has the same meaning as in Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals; and
“aquaculture animal product” means any product of an aquaculture animal to which Article 6(1), 8(1) or (3) or 12(1) of Commission Regulation (EC) No 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species applies.
Annotations
Textual amendments
- F1
Words in reg. 27(1)(2)(3) substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(23)(a)
- F2
Reg. 27(2)(za) inserted (8.1.2016) by The Trade in Animals and Related Products (Scotland) Amendment Regulations 2015 (S.S.I. 2015/401), regs. 1(1), 2(2)(a)(i) (with reg. 3)
- F3
Words in reg. 27(2)(a) inserted (8.1.2016) by The Trade in Animals and Related Products (Scotland) Amendment Regulations 2015 (S.S.I. 2015/401), regs. 1(1), 2(2)(a)(ii) (with reg. 3)
- F4
Words in reg. 27(2)(b) inserted (8.1.2016) by The Trade in Animals and Related Products (Scotland) Amendment Regulations 2015 (S.S.I. 2015/401), regs. 1(1), 2(2)(a)(iii) (with reg. 3)
- F5
Words in reg. 27(2)(b)(ii) substituted (1.4.2015) by The Food (Scotland) Act 2015 (Consequential and Transitional Provisions) Order 2015 (S.S.I. 2015/100), arts. 1(2), 2, sch. para. 31
- F6
Words in reg. 27(3) substituted (31.12.2020) by The Trade in Animals and Related Products (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/458), regs. 1(3), 2(22)
- F7
Reg. 27(6) substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 24(23)(b)
- F8
Reg. 27(7) inserted (8.1.2016) by The Trade in Animals and Related Products (Scotland) Amendment Regulations 2015 (S.S.I. 2015/401), regs. 1(1), 2(2)(b) (with reg. 3)
Marginal citations
- M1
S.S.I. 2006/3, to which there are amendments not relevant to these Regulations.