OpenLegislation

The Trade in Animals and Related Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

S.I. 2019/811 · Made 4 April 2019 · Extends to Northern Ireland

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

Exiting The European Union, Northern Ireland

Animals, Northern Ireland

Made 4th April 2019

Laid before Parliament 5th April 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.

The Secretary of State is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft of the instrument being laid before, 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 extent
  3. Part 2: Amendment to primary legislation
  4. 2Amendment to the Destructive Imported Animals Act (Northern Ireland) 1933
  5. Part 3: Amendment to subordinate legislation
  6. 3Amendment to the Sales, Markets and Lairs Order (Northern Ireland) 1975
  7. 4Amendment to the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977
  8. 5Amendment to the Artificial Insemination of Cattle Regulations (Northern Ireland) 1988
  9. 6Amendment to the Artificial Insemination of Pigs (EEC) Regulations (Northern Ireland) 1993
  10. 7Amendment to the Animals (Post-Import Control) Order (Northern Ireland) 1993
  11. 8Amendment to the Artificial Breeding of Sheep and Goats (EEC) Regulations (Northern Ireland) 1994
  12. 9Amendment to the Bovine Embryo Collection, Production and Transplantation Regulations (Northern Ireland) 1996 Not yet in force
  13. 10Amendment to the Bee Diseases and Pests Control Order (Northern Ireland) 2007
  14. 11Amendment to the Northern Ireland Poultry Health Assurance Scheme Order (Northern Ireland) 2011
  15. 12Amendment to the Trade in Animals and Related Products Regulations (Northern Ireland) 2011 Not yet in force
  16. 13Amendment to the Non-Commercial Movement of Pet Animals Order (Northern Ireland) 2011
  17. 14Revocation of the Destructive Imported Animals Regulations (Northern Ireland) 1993
  18. Signature
  19. Explanatory note

1Citation, commencement and extentI1

(1)

These Regulations may be cited as the Trade in Animals and Related Products (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 and come into force on exit day.

(2)

These Regulations extend to Northern Ireland only.

2Amendment to the Destructive Imported Animals Act (Northern Ireland) 1933I1

In section 9 of the Destructive Imported Animals Act (Northern Ireland) 1933 M1, omit subsection (2).

3Amendment to the Sales, Markets and Lairs Order (Northern Ireland) 1975I1

(1)

The Sales, Markets and Lairs Order (Northern Ireland) 1975 M1 is amended as follows.

(2)

In the heading of Part 3, for “INTRA-COMMUNITY TRADE” substitute “ TRADE WITH THE EU ”.

(3)

In Articles 16(1) and 17, for “intra-Community trade” substitute “ trade with the EU ”.

4Amendment to the Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977I1

(1)

The Rabies (Importation of Dogs, Cats and Other Mammals) Order (Northern Ireland) 1977 M1 is amended as follows.

(2)

In Article 3(1), in the definition of “member State”, omit “other than the United Kingdom and does not include the Isle of Man or any of the Channel Islands”.

(3)

In Article 4—

(a)

in paragraph (2)—

(i)

in sub-paragraph (a)(i), for “another” substitute “ a ”;

(ii)

in sub-paragraphs (a)(ii), (b)(ii),(c)(ii) and (d)(ii), for “Council Directive 92/65/EEC” substitute “ the Trade in Animals and Related Products Regulations (Northern Ireland) 2011 M2 ”;

(b)

in paragraph 14—

(i)

in sub-paragraph (a), omit paragraph (i) (together with the final “and”);

(ii)

omit sub-paragraph (b);

(c)

in paragraph 15—

(i)

for “Council Directive 92/65/EEC” substitute “ the Trade in Animals and Related Products Regulations (Northern Ireland) 2011 ”;

(ii)

for “the requirement” substitute “ a requirement ”;

(iii)

omit “, as referred to in Article 10(4) of that Directive”.

5Amendment to the Artificial Insemination of Cattle Regulations (Northern Ireland) 1988I1

In regulation 2(1) of the Artificial Insemination of Cattle Regulations (Northern Ireland) 1988 M1, in the definition of “member State”, omit “other than the United Kingdom”.

6Amendment to the Artificial Insemination of Pigs (EEC) Regulations (Northern Ireland) 1993I1

(1)

The Artificial Insemination of Pigs (EEC) Regulations (Northern Ireland) 1993 M1 are amended as follows.

(2)

In regulation 2(1), in the definition of “Member State”, omit “other than the United Kingdom”.

(3)

In regulation 3—

(a)

in the heading, for “Intra-Community trade in porcine semen” substitute “ Trade in porcine semen ”;

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Amendment to the Animals (Post-Import Control) Order (Northern Ireland) 1993I1

(1)

The Animals (Post-Import Control) Order (Northern Ireland) 1993 M1 is amended as follows.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

In Articles 5(1) and 6, omit “under a provision specified in Schedule 2 from a country referred to in that Schedule,”.

(4)

Omit Schedule 2.

8Amendment to the Artificial Breeding of Sheep and Goats (EEC) Regulations (Northern Ireland) 1994I1

(1)

The Artificial Breeding of Sheep and Goats (EEC) Regulations (Northern Ireland) 1994 M1 are amended as follows.

(2)

In regulation 2(1), in the definition of “Member State”, omit “other than the United Kingdom”.

(3)

After regulation 2(2), insert—

“(3)

Article 11(1) of the Directive is to be read as if for “Member States” there were substituted “ the Department ”.

(4)

Article 11(2) of the Directive is to be read as if for “another Member State” there were substituted “ a member State ”.”.

(4)

In regulation 3, in the heading, for “Intra-Community trade” substitute “ Trade with the European Union ”.

9Amendment to the Bovine Embryo Collection, Production and Transplantation Regulations (Northern Ireland) 1996F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Amendment to the Bee Diseases and Pests Control Order (Northern Ireland) 2007I1

(1)

The Bee Diseases and Pests Control Order (Northern Ireland) 2007 M1 is amended as follows.

(2)

Omit Article 11.

(3)

In Article 15, omit “, apart from the provisions of Article 11”.

11Amendment to the Northern Ireland Poultry Health Assurance Scheme Order (Northern Ireland) 2011I1

(1)

The Northern Ireland Poultry Health Assurance Scheme Order (Northern Ireland) 2011 M1 is amended as follows.

(2)

In Article 2, for “between” substitute “ with ”.

(3)

In the Schedule, in Part 1—

(a)

in paragraph 4(1), for “another” substitute “ a ”;

(b)

in paragraph 5(2)(b), for “intra-Community trade” substitute “ trade with the EU ”;

(c)

for paragraph 5(2)(d) substitute—

“(d)

be accompanied by such persons as the inspector considers necessary”.

(4)

In the Schedule, in Part 2, in paragraph 7(1)(b), for “intra-Community trade between Member States” substitute “ trade with member States ”.

12Amendment to the Trade in Animals and Related Products Regulations (Northern Ireland) 2011F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13Amendment to the Non-Commercial Movement of Pet Animals Order (Northern Ireland) 2011I1

(1)

The Non-Commercial Movement of Pet Animals Order (Northern Ireland) 2011 M1 is amended as follows.

(2)

In Article 5(1)(c), for “another” substitute “ a ”.

(3)

In Article 11—

(a)

in paragraph (1), after “Community air carrier” insert “ , a UK air carrier, a United Kingdom carrier ”;

(b)

in paragraph (2)—

(i)

in the definition of “Community air carrier” for “has” substitute “ and UK air carrier have ”;

(ii)

in the definition of “Union carrier”, for the words from “and amending Regulation (EC) No 2006/2004” to the end substitute “ as it applies in the European Union as amended from time to time ”;

(iii)

after the definition of “Union carrier” insert—

““United Kingdom carrier” means a carrier established within the territory of the United Kingdom or offering transport by a passenger service operated to or from the territory of the United Kingdom, and for the purposes of travelling by sea and inland waterway, “recognised assistance dog” shall be interpreted in accordance with Regulation (EU) No 1177/2010 of the European Parliament and of the Council concerning the rights of passengers when travelling by sea and inland waterway.”.

(4)

In Article 12(2), omit “, including any representative of the European Commission”.

(5)

Omit Article 15.

14Revocation of the Destructive Imported Animals Regulations (Northern Ireland) 1993I1

The Destructive Imported Animals Regulations (Northern Ireland) 1993 M1 are revoked.

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 retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to subordinate legislation in Northern Ireland relating to the controls and standards applied to trade in animals, products of animal origin, germplasm, animal by-products and bees, as well as the non-commercial movement of pet animals.

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