The Aquatic Animal Health (Scotland) Amendment Regulations 2011
Scottish Statutory Instrument 2011 No. 259 — creates 2 criminal offences.
- Made
- 20 May 2011
- In force from
- 27 May 2011
- Extent
- Not stated
- Subject
- Agriculture, plant health, food production and rural affairs
- Made under
- 2006/88/EC, European Communities Act 1972, Schedule2 to, the 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.
The Aquatic Animal Health (Scotland) Regulations 2009 (“the 2009 Regulations”) implement Council Directive 2006/88/EC (O.J.L238, 24.11.2006, p.14) on animal health requirements for aquaculture animals and products thereof and on the prevention and control of certain diseases in aquatic animals. Article6 of Commission Decision2010/221/EU (O.J.L98, 20.4.2010, p.7) repealed Commission Decision 2004/453/EC (O.J.L156, 30.4.2004, as corrected by O.J.L202, 7.6.2004 p.4). Commission Decision 2011/187/EU (O.J.L80, 26.3.2011, p.15) amends Commission Decision 2010/221/EU. Regulation 2(2) amends the 2009 Regulations to remove references to repealed legislation and regulation2(3) updates the offence provisions in regulation17(1) and (2) of the 2009 Regulations in consequence of the repeal of Commission Decision 2004/453/EC. The animal health certificate formerly under Article5 of Decision2004/453/EC is now provided for in ChapterIII or IV of Commission Regulation(EC) No.1251/2008 (O.J.L337, 16.12.2008, p.41) (“Regulation1251/2008”), as last amended by Commission Regulation(EU) No.350/2011 (O.J.L97, 12.4.2011, p.9). The third country import certificates in AnnexIV of Regulation1251/2008 (referred to in ChapterIV of Regulation1251/2008) are provided for in Commission Regulation (EU) No.346/2010 (O.J.L104, 24.4.2010, p.1). Regulation2(4) adds OsHV-1 μvar to the list of notifiable diseases in Schedule 1 to the 2009 Regulations. A Business and Regulatory Impact Assessment (“BRIA”) has been prepared in relation to these Regulations and placed in the Scottish Parliament Information Centre. Copies of the BRIA associated with the 2009 Regulations are available from Marine Scotland, Victoria Quay, Leith, Edinburgh, EH66QQ.
Offences created by this instrument
- For paragraphs (1) and (2) of regulation 17 (certification requirements), substitute— 1 It is an offence to introduce… regulation 2(3) · Status not determined · Mixed — some elements strict, some not
- A person is guilty of an offence if, for the purpose of procuring the issue of an animal health certificate under… regulation 2(3) · Status not determined · Requires proof of a state of mind
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 2011