The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Amendment Regulations 2001

Made: 3rd December 2001

Laid before the Scottish Parliament: 6th December 2001

Coming into force at 6 pm on: 3rd December 2001

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[^f00001] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and cessation

1

• (1) These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Amendment Regulations 2001 and shall come into force at 6 pm on 3rd December 2001.

• (2) These Regulations shall remain in force until midnight on 31st January 2002.

Amendment to the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Regulations 2001

2

• (1) The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Regulations 2001[^f00002] are amended in accordance with the following paragraphs of this regulation.

• (2) In regulation 1(3) for “midnight on 31st December 2001”, there is substituted “midnight on 31st January 2002”.

• (3) In regulation 2–

• (a) for the definition of “the Decision”, there is substituted–

• “the Decision” means Commission Decision 2001/740/EC of 19th October 2001 (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Commission Decision 2001/356/EC)[^f00003], as amended by Commission Decision 2001/763/EC[^f00004], Commission Decision 2001/789/EC[^f00005] and Commission Decision 2001/848/EC[^f00006];

; and

• (b) for the definition of “port of import”, there is substituted-

• “port of import” means the ports of Cairnryan, Dover, Dundee and Stranraer;

• (4) In regulation 4–

• (a) in sub-paragraph (2)(b), for “Cairnryan or Stranraer”, there is substituted “Cairnryan, Dundee or Stranraer”; and

• (b) in sub-paragraph (3)(b), for “three days”, there is substituted “three working days”.

• (5) In regulation 6(2)–

• (a) in sub-paragraph (d)(iv), after “establishment”, there is inserted “in Scotland”; and

• (b) for sub-paragraph (e)(iv), there is substituted-

(iv) the carcases were handled in accordance with the provisions of Annex I of Chapter III of Directive 92/45/EEC and transported to a wild game collection centre or to an approved processing house for chilling;

• (6) In regulation 16(3), for “article”, there is substituted “regulation”.

• (7) In regulation 20(1), for “export”, there is substituted “dispatch”.

• (8) For Schedule 1 there is substituted the Schedule 1 set out in the Schedule to these Regulations.

SCHEDULE — SCHEDULE 1 AS INSERTED BY THESE REGULATIONS

Signed

DAVID R DICKSON — A member of the staff of the Scottish Ministers — 3rd December 2001

Explanatory note

(This note is not part of the Regulations)

These Regulations implement in Scotland Commission Decision 2001/848/EC amending Commission Decision 2001/740/EC (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom) for the third time.

They amend the restrictions on imports and exports of certain animals and animal products contained in the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Regulations 2001 (“the principal Regulations”) to continue the effect of those restrictions, with amendments, until midnight on 31st January 2002.

The principal Regulations are amended to permit the dispatch from Scotland of sheepmeat and goatmeat, and farmed game of species susceptible to foot-and-mouth disease, from those areas of Scotland from which such exports were prohibited, as set out in the Schedule to these Regulations. The Regulations also add Dundee to the list of ports of import, require 3 working days notice of relevant imports by importers, and alter the requirements for handling carcases of wild game.

The areas referred to in regulation 6 of the principal Regulations are the council areas listed in Schedule 1 to the principal Regulations as inserted by these Regulations. The Administrative Unit is used by the European Commission to designate areas of the United Kingdom for the purpose of allowing exports.

Regulation 2(5)(a), (6) and (7) corrects errors in the principal Regulations.

A Regulatory Impact Assessment has not been prepared for these Regulations.

Footnotes

[^f00001]: 1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

[^f00002]: S.S.I. 2001/429.

[^f00003]: O.J. No. L 227, 20.10.01, p.30. Commission Decision 2001/356/EC (O.J. No. L 125, 5.5.01, p.46), was amended by Commission Decision 2001/372/EC (O.J. No. L 130, 12.5.01, p.47), Commission Decision 2001/415/EC (O.J. No. L 149, 2.6.01, p.38), Commission Decision 2001/430/EC (O.J. No. L 153, 8.6.01, p.33), Commission Decision 2001/437/EC (O.J. No. L 154, 9.6.01, p.66), Commission Decision 2001/518/EC (O.J. No. L 186, 7.7.01, p.58), Commission Decision 2001/547/EC (O.J. No. L 195, 19.7.01, p.61), and Commission Decision 2001/708/EC (O.J. No. L 261, 29.9.01, p.67).

[^f00004]: O.J. No. L 287, 31.10.01, p. 36.

[^f00005]: O.J. No. L 295, 13.11.01, p. 25.

[^f00006]: O.J. No. L 315, 1.12.01, p. 64.

.

Editorial notes

[^c15975581]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

[^c15975591]: S.S.I. 2001/429.

[^c15975601]: O.J. No. L 227, 20.10.01, p.30. Commission Decision 2001/356/EC (O.J. No. L 125, 5.5.01, p.46), was amended by Commission Decision 2001/372/EC (O.J. No. L 130, 12.5.01, p.47), Commission Decision 2001/415/EC (O.J. No. L 149, 2.6.01, p.38), Commission Decision 2001/430/EC (O.J. No. L 153, 8.6.01, p.33), Commission Decision 2001/437/EC (O.J. No. L 154, 9.6.01, p.66), Commission Decision 2001/518/EC (O.J. No. L 186, 7.7.01, p.58), Commission Decision 2001/547/EC (O.J. No. L 195, 19.7.01, p.61), and Commission Decision 2001/708/EC (O.J. No. L 261, 29.9.01, p.67).

[^c15975611]: O.J. No. L 287, 31.10.01, p. 36.

[^c15975621]: O.J. No. L 295, 13.11.01, p. 25.

[^c15975631]: O.J. No. L 315, 1.12.01, p. 64.