The Salmonella in Laying Flocks (Sampling Powers) (Scotland) Regulations 2004
Scottish Statutory Instrument 2004 No. 536 — creates 2 criminal offences.
- Made
- 7 December 2004
- In force from
- 14 January 2005
- Extent
- Not stated
- Subject
- Education, social security, pensions and public services
- Made under
- European Communities Act 1972
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, which extend to Scotland only, implement Commission Decision 2004/665/EC concerning a baseline study on the prevalence of Salmonella in flocks of laying hens (O.J. No. L 303, 30.9.04, p.30) in accordance with certain technical specifications referred to in Article 5 of the Commission Decision. The text of the technical specifications can be found in a paper entitled 'Baseline Study on the prevalence of salmonella in laying flocks of Gallus gallus in the EU' to be found at: http://europa.eu.int/comm/food/food/biosafety/salmonella/tech_spec_sanco-34-2004_rev-3_en.pdf These Regulations– a provide for selection of premises for sampling by the Scottish Ministers (regulation 3); b provide powers for inspectors for the purposes of sampling to enter premises, to make inquiries, examine records, take samples and require assistance for the purpose of these Regulations (regulation 4); c set out requirements for notices in writing (regulation 5); d prescribe offences and penalties, including penalties for corporate bodies (regulations 6 and 7); e provide for enforcement by the local authority except where the Scottish Ministers otherwise direct (regulation 8). A Regulatory Impact Assessment has not been prepared for these Regulations.
Offences created by this instrument
- Any person who– a intentionally obstructs an inspector or any person assisting an inspector acting in the execution of… regulation 6(1) · Status not determined · Requires proof of a state of mind
- If any person– a fails to comply with any other requirement imposed on that person under these Regulations; or b… regulation 6(2) · 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
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2004