UK Offence Report

The Trade in Animals and Related Products (Scotland) Regulations 2012

Scottish Statutory Instrument 2012 No. 177 — creates 2 criminal offences.

2offences created
0recorded in force
2revoked
Made
29 May 2012
In force from
1 July 2012
Extent
Not stated
Subject
TV licensing, fare evasion and school attendance
Made under
European Communities Act 1972, Finance Act 1973, Schedule 2 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.

These Regulations implement the following four European Directives in Scotland:— Council Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (OJ L 395, 30.12.1989, p.13); Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (OJ L 224, 18.8.1990, p.29); Council Directive 91/496/EEC laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC (OJ L 268, 24.9.1991, p.56); and Council Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (OJ L 24, 30.1.1998, p.9). They also revoke and replace the Regulations specified in regulation 38 which previously implemented these Directives. They establish a system for trade between member States in live animals and genetic material (Part 2) (movement between member States) and for the importation of live animals and products of animal origin (which includes genetic material) from outside the European Union (Part 3) (importation from a third country). The European Union legislation required to be complied with before animals or goods can be released from control at the port of importation (the “border inspection post”) is listed in Schedule1. The Scottish Ministers are empowered to prohibit importation into Scotland of any animal or product in the event of a disease outbreak outside the United Kingdom (Part 4 – safeguard measures). The Regulations are enforced by the Scottish Ministers, local authorities, the Food Standards Agency and general customs officials in the circumstances set out in regulation 27. The Regulations establish various offences, punishable on summary conviction by a fine up to the statutory maximum or on conviction on indictment by an unlimited fine (or in the case of disclosure relating to customs information imprisonment for up to twelve months). A business and regulatory impact assessment has not been produced for this instrument as no new impact on the private, voluntary or public sectors is foreseen.

Offences created by this instrument

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.

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