The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019

UK Statutory Instrument 2019 No. 1488 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 3 December 2019
In force from: 14 December 2019
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: European Communities Act 1972, Finance Act 1973

Explanatory note

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

These Regulations replace the Official Controls (Animals, Food and Feed) (England) Regulations 2006 (S.I. 2006/3472) and substantially amend the Trade in Animals and Related Products Regulations 2011 (S.I. 2011/1197) that apply in England only. These Regulations implement and enforce Regulation (EU) 2017/625 (OJ No. L 95, 7.4.2017, p. 1) on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (“the EU Regulation”) except as regards certain provisions of that Regulation. Implementation and enforcement of certain provisions of the EU Regulation relating to feed and food are the subject of the Official Feed and Food Controls (England) Regulations 2009 (S.I. 2009/3255). Implementation and enforcement of provisions relating to plant health and protective measures against plant pests are the subject of separate Regulations. Part 2 provides for audits to be undertaken of official controls and other official activities in accordance with the EU Regulation. Part 3 provides for assistance and co-operation under Title IV of the EU Regulation and recovery of expenses. Part 4 provides for enforcement and penalties. Part 5 deals with consequential amendments as a result of the application of the EU Regulation. Part 6 contains amendments to secondary legislation relating to plant health fees as a result of the application of the EU Regulation and Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants (OJ No. L 317, 23.11.2016, p.4). Part 7 inserts a review provision in accordance with the Small Business, Enterprise and Employment Act 2015 (c. 26), and revokes the Official Controls (Animals, Food and Feed) (England) Regulations 2006 (S.I. 2006/3472). A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Offences created by this instrument

A person is guilty of an offence if without reasonable excuse that person obstructs or causes or permits to be… regulation 14(1) · Status not determined · Strict liability
A person is guilty of an offence if without reasonable excuse that person supplies information which, in any material… regulation 14(3) · 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

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure: Made negative — law unless a motion to stop it succeeded
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Committee: Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

Instrument created 3 December 2019
Instrument made (signed into law) 3 December 2019
Instrument comes into force as law 14 December 2019
Laid before the House of Commons 17 December 2019 · Commons
Laid before the House of Lords 17 December 2019 · Lords
Communication declaring the instrument had come into operation before being laid before Parliament 17 December 2019 · Commons
Communication declaring the instrument had come into operation before being laid before Parliament 7 January 2020 · Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 14 January 2020 · Lords
No comment by the Secondary Legislation Scrutiny Committee (SLSC) 14 January 2020 · Lords
Objection period ends 11 February 2020
Instrument remains law 11 February 2020
Procedure concluded in the House of Commons and the House of Lords 11 February 2020 · Commons, Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 4 March 2020 · Commons, Lords
Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 4 March 2020 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it is defectively drafted 4 March 2020 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it requires elucidation 4 March 2020 · Commons, Lords

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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