The Animal Health, Alien Species in Aquaculture and Invasive Non-native Species (Amendment) (EU Exit) Regulations 2019

Made: 4th April 2019

Laid before Parliament: 5th April 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

The Secretary of State is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament.

Citation and commencement

1

These Regulations may be cited as the Animal Health, Alien Species in Aquaculture and Invasive Non-native Species (Amendment) (EU Exit) Regulations 2019 and come into force immediately before exit day.

The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019

2

• (1) The Invasive Non-native Species (Amendment etc.) (EU Exit) Regulations 2019 are amended as follows.

• (2) In regulation 5(4)—

• (a) in sub-paragraph (b), at the end insert—

(iii) omit the words “the procedure referred to in”;

• (b) in sub-paragraph (c)(ii), for “biographical” substitute “ biogeographical ”.

• (3) In regulation 7—

• (a) in paragraph (3)—

• (i) for sub-paragraph (c)(ii) substitute—

(ii) after “Regulation (EC) No 882/2004 and” insert “ retained EU law which transposed ”; (iii) for “points of entry in accordance with” substitute “ points of entry as defined in ”;

• (ii) for sub-paragraph (e) substitute—

(e) in paragraph 6, omit the words from “, except where” to the end;

• (b) for paragraph (5)(b) and (c) substitute—

(b) in paragraphs 1 and 2, for “Member States shall” substitute “ the appropriate authority must ”; (c) in paragraphs 3 and 4, for “Member States shall” substitute “ The appropriate authority must ”; (ca) in paragraph 3, for “Member States may” substitute “ The appropriate authority may ”;

• (4) In regulation 9(3)—

• (a) in paragraph (a)—

• (i) after sub-paragraph (i), insert—

(ia) for “their” substitute “ its ”;

• (ii) after sub-paragraph (iii) insert—

(iiia) in points (a) and (b), for “in accordance with” substitute “ specified in ”;

• (iii) omit sub-paragraph (v);

• (b) in paragraph (b), after sub-paragraph (i), insert—

(ia) for “their” substitute “ its ”;

The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019

3

• (1) The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 are amended as follows.

• (2) In the Schedule, for paragraph 9(1)(c) substitute—

(c) paragraph 3 were omitted.

The Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (England and Wales) (EU Exit) Regulations 2019

4

• (1) The Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (England and Wales) (EU Exit) Regulations 2019 are amended as follows.

• (2) In regulation 2(7), in the inserted regulation 18 of the Aquatic Animal Health (England and Wales) Regulations 2009 —

• (a) after paragraph (7)(a)(ii) insert—

(iii) paragraph 3 were omitted; and

• (b) in paragraph (10)—

• (i) in sub-paragraph (a), omit “paragraph 2 of”;

• (ii) in sub-paragraph (b), for “paragraph 2(b)” substitute “ paragraph (b) ”.

The Import of and Trade in Animals and Animal Products (Amendment etc.) (EU Exit) Regulations 2019

5

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

Signed

Gardiner of Kimble — Parliamentary Under Secretary of State — 2019-04-04

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: S.I. 2019/223.

[^f00003]: S.I. 2019/451.

[^f00004]: S.I. 2019/452.

[^f00005]: S.I. 2009/463, as amended by S.I. 2019/452; there are other amending instruments but none is relevant.

[^f00006]: S.I. 2019/795.

Editorial notes

[^c23936961]: 2018 c. 16.

[^c23936971]: S.I. 2019/223.

[^c23936981]: S.I. 2019/451.

[^c23936991]: S.I. 2019/452.

[^c23937001]: S.I. 2009/463, as amended by S.I. 2019/452; there are other amending instruments but none is relevant.

[^key-283d9d69253316cf40ff074389d5331f]: Reg. 1 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-c8815fb19aa076c808f8ed644561c8fe]: Reg. 2 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-965b940678c08f3eb55050f8ef6a9423]: Reg. 3 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-45d9c411c55bf61413ed8d2a5dbeda96]: Reg. 4 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-a1b0dc94e235d370d8e18c70e80fafe7]: Reg. 5 omitted (31.12.2020 before IP completion day) by virtue of The Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1462), regs. 1(2)(a), 37