The Registration of Establishments Keeping Laying Hens (Scotland) Amendment Regulations 2004

Scottish Statutory Instrument 2004 No. 27 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 29 January 2004
In force from: 1 March 2004
Extent: Not stated
Subject: Dogs, animals, hunting and wildlife
Made under: European Communities Act 1972, S.S.I. 2003/576

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations amend the Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003 (“the principal Regulations”). The amendments come into force on 1st March 2004. The amendments are as follows:– a a definition of “local authority” is added to the list of definitions in regulation 2(1) of the principal Regulations (regulation 2(2)); b regulation 4 of the principal Regulations is amended to make it clear that where the Scottish Ministers have issued a distinguishing number to an establishment prior to the commencement of the principal Regulations (31 December 2003), that establishment does not require to re-apply for a distinguishing number under the principal Regulations (regulation 2(3)(b)). Regulation 4(2) has be replaced to incorporate minor amendments to clarify the conditions upon which a distinguishing number will be allocated to an establishment (regulation 2(3)(a)); c regulation 5 of the principal Regulations is amended to ensure that where the person who would otherwise be obliged to notify a change of information under regulation 5(2) is no longer connected to the establishment, the requirement to notify that change will fall to the new owner or keeper (regulation 2(4)). A consequential amendment is made to regulation 7(2) to make it clear that an offence is committed, following failure to notify a change of information, by whoever the duty to notify the changes falls upon under regulation 5(2) of the principal Regulations (regulation 2(5)(a)); d a new offence of continuing to operate an establishment following removal from the register is added to regulation 7 of the principal Regulations (regulation 2(5)(b)); e regulation 8(2) of the principal Regulations is amended to clarify that it is the establishment which has been allocated a distinguishing number and not the person applying for it (regulation 2(6)); f the penalties for committing an offence under the principal Regulations are amended. Offences are to be triable only by way of summary conviction. An offence under regulation 11 of the principal Regulations is to be subject to a maximum fine not exceeding level 3 of the standard scale (regulation 2(7)).

Offences created by this instrument

In regulation 7 (removal from register)– a in paragraph (2), for “If the person who submitted the application for… regulation 2(5) · Status not determined · Strict liability
b insert at the end– 3 It shall be an offence for a person to use an establishment for the keeping of laying hens… regulation 2(5)(b) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

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