The Exotic Disease (Amendment) (England) (EU Exit) Regulations 2018 No. 1406

Statutory Instruments

2018 No. 1406

Exiting The European Union, England

Animal Health

The Exotic Disease (Amendment) (England) (EU Exit) Regulations 2018

Sift requirements satisfied

26th November 2018

Made

20th December 2018

Laid before Parliament

21st December 2018

Coming into force in accordance with regulation 1

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

The requirements of paragraph 3(2) of Schedule 7 to the Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Marginal Citations

M1 2018 c. 16.

Citation and commencement E+W

1.  These Regulations may be cited as the Exotic Disease (Amendment) (England) (EU Exit) Regulations 2018 and come into force on exit day.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

The Foot-and-Mouth Disease (England) Order 2006 E+W

[F1 2.   In the Foot-and-Mouth Disease (England) Order 2006, in Schedule 8, in paragraph 7, for “another” substitute “a”.]

Textual Amendments

F1 Reg. 2 substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 24

Commencement Information

I2 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

The Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006 E+W

3.—(1) The Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006 M2 are amended as follows.

(2) In regulation 9(1)(c), at the end insert “ with the reference to “Member States” in paragraph 3.1 in Annex X being read as a reference to the Secretary of State ”.

(3) In regulation 28, for “another” substitute “ a ”.

Commencement Information

I3 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 S.I. 2006/183, amended by S.I. 2011/1043; there are other amending instruments but none is relevant.

The Avian Influenza (Preventive Measures) (England) Regulations 2006 E+W

4.—(1) The Avian Influenza (Preventive Measures) (England) Regulations 2006 M3 are amended as follows.

(2) In regulation 9(5), omit the words from “approved” in the first place it occurs to the end.

(3) In regulation 11(2)(a) and (3), for “another” substitute “ a ”.

Commencement Information

I4 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M3 S.I. 2006/2701, to which there are amendments not relevant to these Regulations.

The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No 2) Order 2006 E+W

5.—(1) The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No 2) Order 2006 M4 is amended as follows.

(2) In article 22(2), for “another” substitute “ a ”.

(3) In article 32, for “intra-Community or international trade” substitute “ export outside the United Kingdom ”.

(4) In article 50(1)(b)(ii) for “another” substitute “ a ”.

(5) In article 63(5), for “intra-Community or international trade” substitute “ export outside the United Kingdom ”.

Commencement Information

I5 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M4 S.I. 2006/2702, to which there are amendments not relevant to these Regulations.

The Avian Influenza (Vaccination) (England) Regulations 2006 E+W

6.—(1) The Avian Influenza (Vaccination) (England) Regulations 2006 M5 are amended as follows.

(2) In regulation 2, in paragraph (1)—

(a) in the definition of “emergency vaccination plan”, after “Article 53 of the Directive” insert—

“, reading that Article as if—

(a) in paragraph 1—

(i) for “A Member State” there were substituted “ The Secretary of State ”;

(ii) for “the Member State” there were substituted “ England ”;

(iii) the words “concerned” to the end were omitted;

(b) in paragraph 2, in the first subparagraph—

(i) for “a Member State” there were substituted “ the Secretary of State ”;

(ii) for the words from “it shall submit” to the end there were substituted “ the Secretary of State must produce an emergency vaccination plan ”;

(c) paragraph 3 were omitted.”;

(b) in the definition of “preventive vaccination plan”, after “Article 56 of the Directive” insert—

“, reading that Article as if—

(a) in paragraph 1, the reference to Member States were a reference to the Secretary of State;

(b) in paragraph 2, in the first subparagraph—

(i) for “a Member State” there were substituted “ the Secretary of State ”;

(ii) for the words from “it shall submit” to the end there were substituted “ the Secretary of State must produce a preventive vaccination plan ”;

(c) paragraph 3 were omitted.”;

(3) In regulation 6(3), for the words from “after” to “Directive” substitute “ in accordance with an emergency vaccination plan ”.

(4) In regulation 7(2)(b), for the words from “has been submitted” to the end substitute “ is in place ”.

(5) In regulation 10—

(a) in the heading, for “an approved plan” substitute “ a published emergency vaccination plan ”;

(b) in paragraphs (1) and (7), for the words from “approved” to the end substitute “ published by the Secretary of State ”.

Commencement Information

I6 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M5 S.I. 2006/2703, to which there are amendments not relevant to these Regulations.

The Avian Influenza (H5N1 in Poultry) (England) Order 2006 E+W

7.—(1) The Avian Influenza (H5N1 in Poultry) (England) Order 2006 M6 is amended as follows.

(2) In Article 2—

(a) in the definition of “approved body”, for the words “in accordance” to the end, substitute “ by the Secretary of State ”;

(b) after the definition of “temporary movement restriction zone” insert—

““third country” means any country that is neither the United Kingdom nor a member State.”.

(3) In article 9—

(a) in paragraph (1), for “other member State” substitute “ a member State ”;

(b) in paragraph (3)(c), for “another” substitute “ a ”.

(4) In article 10—

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

(b) in paragraph (3)(c) and (e), for “another” substitute “ a ”.

(5) In article 11(1), for “other” substitute “ a ”.

(6) In article 14(1)(d), for “another” substitute “ a ”.

Commencement Information

I7 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M6 S.I. 2006/3247, to which there are amendments not relevant to these Regulations.

The Products of Animal Origin (Disease Control) (England) Regulations 2008 E+W

8.—(1) The Products of Animal Origin (Disease Control) (England) Regulations 2008 M7 are amended as follows.

(2) Omit regulation 17(15)(b) (and the “and” immediately preceding it).

(3) In Schedule 3, omit paragraph (1)(b)(iii).

Commencement Information

I8 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M7 S.I. 2008/465, to which there are amendments not relevant to these Regulations.

The Bluetongue Regulations 2008 E+W

9.  Omit regulation 19(4)(b) of the Bluetongue Regulations 2008 M8 (and the “and” immediately preceding it).

Commencement Information

I9 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M8 S.I. 2008/962, to which there are amendments not relevant to these Regulations.

The Poultry Compartments (England) Order 2010 E+W

10.  In article 4(1)(f) of the Poultry Compartments (England) Order 2010 M9 , omit “a representative of the European Commission or”.

Commencement Information

I10 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M9 S.I. 2010/108, to which there are amendments not relevant to these Regulations.

The African Horse Sickness (England) Regulations 2012 E+W

11.  Omit regulation 29(8)(b)(ii) of the African Horse Sickness (England) Regulations 2012 M10 (and the “and” immediately preceding it).

Commencement Information

I11 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M10 S.I. 2012/2629.

Gardiner of Kimble

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

Explanatory Note

(This note is not part of these Regulations)

These Regulations are made in exercise of the powers in the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of EU-derived domestic legislation to operate effectively and other deficiencies (in particular, under section 8(2)(d) and (g) of that Act) arising from the withdrawal of the United Kingdom from the European Union. These Regulations make amendments to legislation in England in the field of exotic diseases in animals.

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