The Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012

Made: 15th November 2012

Laid before Parliament: 21st November 2012

Coming into force: 24th December 2012

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union and medicinal products , measures in the veterinary and phytosanitary fields for the protection of public health , food (including drink) including the primary production of food , the environment and the environmental aspects of product design .

The Secretary of State makes this Order in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 1 and 8(1) of the Animal Health Act 1981 .

Citation, commencement and extent

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• (1) This Order may be cited as the Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012 and comes into force on 24th December 2012.

• (2) This Order, except as provided in paragraphs (3) and (4), extends to England and Wales.

• (3) Article 43(a) and (c) has the same extent as the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011 .

• (4) Article 46(b) extends to the United Kingdom.

Amendment of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997

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. . . . . . . . . . . . . . . .

Amendment of the Seeds (National Lists of Varieties) Regulations 2001

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In the Seeds (National Lists of Varieties) Regulations 2001 , in regulation 22 (enforcement)—

• (a) re-number the existing provision as paragraph (1); and

• (b) after that provision add—

(2) The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.

Amendment of the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 2003

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In the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 2003 , in article 10 (enforcement), after paragraph (2) add—

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.

Amendment of the Disease Control (England) Order 2003

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• (1) The Disease Control (England) Order 2003 is amended as follows.

• (2) For article 18 substitute—

(18) (1) In this article a “cross-border movement” means the movement of an animal— (a) from Scotland into England, where the movement of the animal within Scotland is carried out under the authority of a licence (general or specific) issued by an authority in Scotland which is responsible for issuing licences in relation to the movement of animals; or (b) from Wales into England, where the movement of the animal within Wales is carried out under the authority of a licence (general or specific) issued by an authority in Wales which is responsible for issuing licences in relation to the movement of animals. (2) That part of a cross-border movement which is carried out within England is treated as if it were authorised by a general licence under article 12. (3) But paragraph (2) does not apply in the case of a cross-border movement by a person specified in a notice under article 13(1)(b), if that notice prohibits movements of animals by that person generally or to premises which are the destination of the cross-border movement in question.

• (3) In article 22 (enforcement), after paragraph (2) add—

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.

Amendment of the Olive Oil (Marketing Standards) Regulations 2003

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In the Olive Oil (Marketing Standards) Regulations 2003 , in regulation 3 (enforcement), after paragraph (1) insert—

(1A) The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.

Amendment of the Registration of Establishments (Laying Hens) (England) Regulations 2003

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In the Registration of Establishments (Laying Hens) (England) Regulations 2003 , in regulation 10 (enforcement)—

• (a) re-number the existing provision as paragraph (1); and

• (b) after that provision add—

(2) The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.

Amendment of the Foot-and-Mouth Disease (England) Order 2006

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In the Foot-and-Mouth Disease (England) Order 2006 , in article 59 (enforcement), after paragraph (3) add—

(4) For the purposes of paragraph (2) or where the Secretary of State makes a direction under paragraph (3), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to this Order.

Amendment of the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006

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In the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006 , in regulation 43 (enforcement), after paragraph (3) add—

(4) For the purposes of paragraph (2) or where the Secretary of State makes a direction under paragraph (3), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to these Regulations.

Amendment of the Avian Influenza (Preventive Measures) (England) Regulations 2006

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In the Avian Influenza (Preventive Measures) (England) Regulations 2006 , in regulation 22 (enforcement), after paragraph (2) add—

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to these Regulations.

Amendment of the Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006

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In the Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 , in article 85 (enforcement), after paragraph (2) add—

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to this Order.

Amendment of the Avian Influenza (Vaccination) (England) Regulations 2006

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In the Avian Influenza (Vaccination) (England) Regulations 2006 , in regulation 23 (enforcement), after paragraph (2) add—

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to these Regulations.

Revocation of the Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006

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The Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006 are revoked.

Amendment of the Avian Influenza (H5N1 in Poultry) (England) Order 2006

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In the Avian Influenza (H5N1 in Poultry) (England) Order 2006 , in article 24 (enforcement), after paragraph (2) add—

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to this Order.

Amendment of the Avian Influenza (H5N1 in Wild Birds) (England) Order 2006

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In the Avian Influenza (H5N1 in Wild Birds) (England) Order 2006 , in article 25 (enforcement), after paragraph (2) add—

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.

Amendment of the Welfare of Animals (Transport) (England) Order 2006

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In the Welfare of Animals (Transport) (England) Order 2006 , in article 29 (enforcement), after paragraph (2) add—

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under this Order or under section 72 or 73 of the Act relating to this Order.

Amendment of the Diseases of Animals (Approved Disinfectants) (England) Order 2007

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In the Diseases of Animals (Approved Disinfectants) (England) Order 2007 , in article 12 (enforcement), after paragraph (2) add—

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.

Amendment of the Cattle Identification Regulations 2007

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In the Cattle Identification Regulations 2007 —

• (a) in regulation 2 (interpretation), in paragraph (1), after the definition of “cattle passport” insert—

“Commission Regulation (EC) No 494/98” means Commission Regulation (EC) No 494/98 laying down detailed rules for the implementation of Council Regulation (EC) No 820/97 as regards the application of minimum administrative sanctions in the framework of the system for the identification and registration of bovine animals ;

• (b) in regulation 10 (powers of inspectors), for paragraph (1)(c) substitute—

(c) Commission Regulation (EC) No 494/98;

• (c) in regulation 12 (slaughter of unmarked animals), omit “the veterinary authority and”; and

• (d) in regulation 16 (enforcement), after paragraph (2) add—

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.

Amendment of the Tuberculosis (England) Order 2007

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In the Tuberculosis (England) Order 2007 , in article 23 (enforcement), after paragraph (2) add—

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to this Order.

Amendment of the Welfare of Farmed Animals (England) Regulations 2007

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In the Welfare of Farmed Animals (England) Regulations 2007 , in regulation 8 (prosecutions), after paragraph (2) add—

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.

Amendment of the Zoonoses (Monitoring) (England) Regulations 2007

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In the Zoonoses (Monitoring) (England) Regulations 2007 , in regulation 8 (enforcement), after paragraph (2) add—

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.

Amendment of the Control of Salmonella in Poultry Order 2007

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• (1) The Control of Salmonella in Poultry Order 2007 is amended as follows.

• (2) In article 2 (interpretation), after the definition of “chick” insert—

• “Commission Regulation (EU) No 200/2010” means Commission Regulation (EU) No 200/2010 implementing Regulation (EC) No 2160/2003 as regards a Union target for the reduction of the prevalence of Salmonella serotypes in adult breeding flocks of Gallus gallus;
• “Commission Regulation (EU) No 517/2011” means Commission Regulation (EU) No 517/2011 implementing Regulation (EC) No 2160/2003 as regards a Union target for the reduction of the prevalence of certain Salmonella serotypes in laying hens of Gallus gallus and amending Regulation (EC) No 2160/2003 and Commission Regulation (EU) No 200/2010 ;

• (3) In article 3 (competent authority), for paragraphs (a) and (b) (but not the “and” at the end) substitute—

(a) Commission Regulation (EU) No 200/2010; (b) Commission Regulation (EU) No 517/2011;

• (4) In article 13 (enforcement), after paragraph (2) add—

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.

• (5) In the Schedule—

• (a) in paragraph 8 (method of sampling during the laying period)—

• (i) for “Commission Regulation (EC) No 1003/2005” substitute “ Commission Regulation (EU) No 200/2010 ”, and

• (ii) for “Commission Regulation (EC) No 1168/2006” substitute “ Commission Regulation (EU) No 517/2011 ”; and

• (b) in paragraph 12 (duties on the person in charge of a laboratory)—

• (i) in sub-paragraph (3)(a), for “3.1.2 of the Annex to Commission Regulation (EC) No 1003/2005” substitute “ 3.1.3 of the Annex to Commission Regulation (EU) No 200/2010 ”,

• (ii) in sub-paragraph (3)(b), for “3.1.3” substitute “ 3.1.4 ”, and

• (iii) in sub-paragraph (4)(a), for “Commission Regulation (EC) No 1168/2006” substitute “ Commission Regulation (EU) No 517/2011 ”.

Amendment of the Products of Animal Origin (Disease Control) (England) Regulations 2008

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In the Products of Animal Origin (Disease Control) (England) Regulations 2008 , in regulation 24 (enforcement)—

• (a) re-number the existing provision as paragraph (1); and

• (b) after that provision add—

(2) For the purposes of paragraph (1)(a) or where the Secretary of State makes a direction under paragraph (1)(b), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to these Regulations.

Amendment of the Specified Animal Pathogens Order 2008

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In the Specified Animal Pathogens Order 2008 , in article 11 (enforcement)—

• (a) re-number the existing provision as paragraph (1); and

• (b) after that provision add—

(2) The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.

Amendment of the Bluetongue Regulations 2008

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In the Bluetongue Regulations 2008 —

• (a) in regulation 27 (enforcement), after paragraph (2) add—

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.

; and

• (b) in regulation 30(4) (publication of first review report), for “the end of” to the end substitute “ 24th August 2017 ”.

Amendment of the Environmental Damage (Prevention and Remediation) Regulations 2009

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In the Environmental Damage (Prevention and Remediation) Regulations 2009 , in regulation 12 (enforcement), after paragraph (2) add—

(3) The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.

Amendment of the Ozone-Depleting Substances (Qualifications) Regulations 2009

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Amendment of the Control of Salmonella in Broiler Flocks Order 2009

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In the Control of Salmonella in Broiler Flocks Order 2009 —

• (a) in article 2 (interpretation), after the definition of “broiler flock” insert—