The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020

(i) in the first sub-paragraph, for “the Union”, in both places where it occurs, substitute “Great Britain”;

• (ii) for sub-paragraph (a)(iii) substitute—

(iii) in the third sub-paragraph, for “a Member State” substitute “Great Britain”;

• (c) in paragraph (8)—

• (i) for sub-paragraph (a) substitute—

(a) in the heading, for “one Member State to another” substitute “a Member State to Great Britain”;

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

(i) for “one Member State to another” substitute “a Member State to Great Britain”;

• (3) In regulation 10—

• (a) in paragraph (3), in the text substituted by sub-paragraph (b), in point (e), omit point (iv);

• (b) in paragraph (5), for sub-paragraph (e)(i)(aa) substitute—

(aa) for “the Community” substitute “Great Britain”;

• (c) in paragraph (10), in the text substituted by sub-paragraph (a), for “the United Kingdom”, in both places where it occurs, substitute “Great Britain”.

CHAPTER 11 — Animal by-products

The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019

34

• (1) The Animal Health and Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019[^f00069] are amended as follows.

• (2) In regulation 1—

• (a) omit sub-paragraph (2);

• (b) in sub-paragraph (3), for “The remaining regulations” substitute “These regulations”.

• (3) Omit regulations 3(3) and 4.

PART 6 — Amendments to other domestic legislation due to EU Exit

CHAPTER 1 — Non-commercial movement of pet animals

The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974

35

• (1) The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974[^f00070] is amended as follows.

• (2) In article 2—

• (a) in paragraph 1, in the definition of “the Pets Regulation quarantine end date”—

• (i) in sub-paragraph (a)—

• (aa) omit paragraphs (i) and (iii);

• (bb) in paragraph (iv), for “Article 6 of the Pets Regulation”, in both places where it occurs, substitute “Article 10 of the Pets Regulation”;

• (ii) in sub-paragraph (b)—

• (aa) for “sub-paragraphs (a)(i) to (v)”, substitute “sub-paragraphs (a)(ii) to (v)”;

• (bb) omit “Article 6(b) or”.

• (3) In article 4(2)(c)(i), for “Article 6”, substitute “Article 10”.

• (4) In the following articles, wherever it occurs, omit “6 or”—

• (a) article 5(2B), (2C) and (3);

• (b) article 6(3);

• (c) article 8(8);

• (d) article 12(5A)(a) and (b) and (8A)(a) and (b);

• (e) article 13(1A) and (3A)(a) and (b);

• (f) article 14(2).

• (5) In articles 16(3) and 17(2), for “Article 6” substitute “Article 10”.

The Non-Commercial Movement of Pet Animals Order 2011

36

• (1) The Non-Commercial Movement of Pet Animals Order 2011[^f00071] is amended as follows.

• (2) In article 4(1)(a), omit “22(3),”.

• (3) In article 6—

• (a) omit “6 or”,

• (b) omit “(as the case may be)”.

• (4) In article 11(1), omit “6 or”.

CHAPTER 2 — Equines

The Horses (Free Access to Competitions) Regulations 1992

37

• (1) The Horses (Free Access to Competitions) Regulations 1992[^f00072] are amended as follows.

• (2) In regulation 4(1), for “another” substitute “any”.

• (3) In regulation 5, for “another” substitute “any”.

CHAPTER 3 — Aquatic Animal Health

Aquatic Animal Health (England and Wales) Regulations 2009

38

• (1) The Aquatic Animal Health (England and Wales) Regulations 2009[^f00073] are amended as follows.

• (2) In regulation 3—

• (a) in paragraph (1)—

• (i) before the definition of “the competent authority” insert—

• “Commission Decision 2009/177/EC” means Commission Decision 2009/177/EC implementing Council Directive 2006/88/EC as regards surveillance and eradication programmes and disease-free status of Member States, zones and compartments[^f00074];

• (ii) after the definition of “the competent authority” insert—

• “Decision 2015/1554” means Commission Implementing Decision (EU) 2015/1554 laying down rules for the application of Directive 2006/88/EC as regards requirements for surveillance and diagnostic methods[^f00075];

• (iii) in the definition of “listed disease”, for “Part II of Annex IV to Directive 2006/88/EC” substitute “Annex 1A to Regulation (EC) No 1251/2008[^f00076]”;

• (b) in paragraph (3)—

• (i) omit “Directive 2006/88/EC and”;

• (ii) for “those instruments” substitute “that instrument”.

• (3) After regulation 13(6) insert—

(7) The reference in paragraph (2) to Part 1 of Annex 2 to Directive 2006/88/EC is to be read in accordance with paragraph 2 of Schedule 1A to these Regulations. (8) The reference in paragraph (3) to Part 2 of Annex 2 to Directive 2006/88/EC is to be read in accordance with paragraph 3 of Schedule 1A to these Regulations.

• (4) In regulation 18—

• (a) in paragraph (1)—

• (i) for “Part II of Annex IV to Directive 2006/88/EC” substitute “Annex 1A to Regulation (EC) No 1251/2008”;

• (ii) for “that Directive” substitute “Directive 2006/88/EC”;

• (b) in paragraph (4)(a)—

• (i) for ““Part II of Annex IV to Directive 2006/88/EC” substitute “Annex 1A to Regulation (EC) No 1251/2008”;

• (ii) for “that Part”, in both places where it occurs, substitute “that Annex”;

• (c) in paragraph (5)(b)(i)—

• (i) for “Part II of Annex IV to Directive 2006/88/EC” substitute “Annex 1A to Regulation (EC) No 1251/2008”;

• (ii) for “that Part” substitute “that Annex”;

• (d) after paragraph (6) insert—

(7) The reference in paragraph (1) to Part A of Annex 3 to Directive 2006/88/EC is to be read in accordance with paragraph 4 of Schedule 1A to these Regulations.

• (5) For Part 3A substitute—

(21A) (1) In this Part— - “Commission Decision 2008/946/EC” means Commission Decision 2008/946/EC implementing Council Directive 2006/88/EC as regards requirements for quarantine of aquaculture animals[^f00077]; - “constituent GB territory” means England, Wales or Scotland as the case may be; - “the EU Directive” means Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals as it has effect in European Union law, as amended from time to time. (2) References in this Part to a part of England or Wales and to a constituent GB territory, or a zone or compartment thereof, being “declared free” of one or more diseases means declared free in accordance with Section 2 of Commission Decision 2009/177/EC. (21B) (1) An aquaculture animal intended for farming or restocking may only be introduced into a part of England or Wales which has been declared free of a disease for which that animal is a vector if it— (a) originates from— (i) a constituent GB territory, or a zone or compartment thereof, declared free of that disease; (ii) Northern Ireland, or a zone or a compartment thereof, declared free of that disease in accordance with Article 49 or 50 of the EU Directive; or (iii) the Channel Islands, the Isle of Man or a third country, where the competent authority has consented to its introduction; or (b) has been, or will be, held in quarantine facilities in accordance with the requirements of Commission Decision 2008/946/EC. (2) For the purposes of paragraph (1)(a)(iii), consent may only be given if the appropriate authority is satisfied that the aquaculture animal concerned is free of the relevant disease. (3) In this regulation, an aquaculture animal is a vector for a disease if it is of a species appearing in Column 2 of the table in Annex 1 to Regulation (EC) No 1251/2008 opposite the reference to the disease in Column 1, and it fulfils the conditions set out in Columns 3 and 4 of that table. (21C) (1) Wild aquatic animals of species susceptible to one or more of the diseases listed in Annex 1A to Regulation (EC) No 1251/2008 which are intended for release into a farm or mollusc farming area in a part of England or Wales which has been declared free of any of those diseases must— (a) originate from— (i) a constituent GB territory, or a zone or compartment thereof, declared free of that disease; (ii) Northern Ireland, or a zone or a compartment thereof, declared free of that disease in accordance with Article 49 or 50 of the EU Directive; or (iii) the Channel Islands, the Isle of Man or a third country, where the appropriate authority has consented to its introduction; or (b) be, or have been, held in quarantine facilities in accordance with the requirements of Commission Decision 2008/946/EC. (2) For the purposes of paragraph (1)(a)(iii), consent may only be given if the appropriate authority is satisfied that the aquaculture animal concerned is free of the relevant disease.

• (6) In regulation 24—

• (a) in paragraph (2)—

• (i) in sub-paragraph (b), for the words from “authority” to the end substitute “competent authority”;

• (ii) in sub-paragraph (c), for “that Directive” substitute “Directive 2006/88/EC”;

• (b) after paragraph (3) insert—

(4) The reference in paragraph (2)(c) to Article 29 of Directive 2006/88/EC is to be read in accordance with paragraph 1 of Schedule 1A to these Regulations.

• (7) In regulation 32, for paragraph (2) substitute—

(2) An inspector entering any land or premises under paragraph (1) may be accompanied by such person, and may enter together with such equipment or vehicle, as the inspector considers necessary.

• (8) In regulation 42(1), for “Article 50 of Directive 2006/88/EC” substitute “Articles 2a and 2b of Commission Decision 2009/177/EC”.

• (9) In regulation 43—

• (a) in paragraph (1), omit “Directive 2006/88/EC or”.

• (b) in paragraph (2), omit “Directive 2006/88/EC,”.

• (10) In Schedule 1, in the table, insert as a third column—

Geographical demarcation of the area which is disease-free
England and Wales
England and Wales
England and Wales except the River Roach, River Crouch, Blackwater Estuary and River Colne in Essex, the north Kent Coast, Poole Harbour in Dorset and the River Teign in Devon.

• (11) After Schedule 1, insert—

SCHEDULE1A (1) Article 29 is to be read as if— (a) in the words before paragraph 1(a)— (i) the reference to “Member States” were to the competent authority; (ii) the reference to “Article 28(b)(iii)” were to regulation 24(2)(c) of these Regulations; (iii) the reference to “Article 28(a)” were to regulation 24(2)(a) and (b) of these Regulations; (b) in paragraph 1(a)— (i) the reference to “Part II of Annex IV” were to Annex 1A to Regulation (EC) No 1251/2008; (ii) the reference to “any Member State” were to England or Wales; (c) in paragraph 1(b)— (i) the reference to “Part II of Annex IV” were to Annex 1A to Regulation (EC) No 1251/2008; (ii) the reference to “Member States, zones or compartments” were to England or Wales, or any zone or compartment within England or Wales; and (iii) the reference to “Part A of Annex III” were a reference to Part A of Annex 3 read in accordance with paragraph 4; (d) in paragraph 2(b), the reference to “Article 26(1)” were to regulation 23 of these Regulations; (e) in paragraph 3— (i) the reference to “the Member State” were to the competent authority; (ii) the references to “Article 28” were to regulation 24 of these Regulations; (f) paragraph 4 were omitted. (2) Part 1 of Annex 2 is to be read as if— (a) in paragraph 1— (i) in the words before point (a), the reference to “Article 6” were to regulation 13(1)(a) of these Regulations; (ii) in point (f), the reference to “Part II of Annex IV” were to Annex 1A to Regulation (EC) No 1251/2008; (iii) in point (g)— (aa) the reference to “a Member State, zone or compartment” were to England or Wales, or any zone or compartment within England or Wales; (bb) the reference to “Annex 4” were to Annex 1A to Regulation (EC) No 1251/2008; (b) in paragraph 2, the reference to “the second subparagraph of Article 4(1)” were to regulation 5(2) of these Regulations.. (3) Part 2 of Annex 2 is to be read as if, in the words before point (a), the reference to “Article 6” were to regulation 13(1)(b) of these Regulations. (4) Part A of Annex 3 is to be read as if— (a) in the heading, the words from “to” to “Article 12” were omitted; (b) in the second column of the table— (i) in the entry corresponding to Category 1, the words in brackets referred to Article 2a or 2b of Commission Decision 2009/177/EC; (ii) in the entry corresponding to Category 2, the words in brackets referred to Article 2b(1) of Decision 2015/1554; (iii) in the entry corresponding to Category 4, the words in brackets referred to Article 2b(3) of Decision 2015/1554; (iv) in the entry corresponding to Category 5, the words in brackets referred to regulation 28 of these Regulations.

PART 7 — Amendments to domestic legislation not due to EU Exit

CHAPTER 1 — Equines

The Horses (Free Access to Competitions) Regulations 1992

39

• (1) The Horses (Free Access to Competitions) Regulations 1992[^f00078] are amended as follows.

• (2) After regulation 5, insert—

(6) (1) For each competition or type of competition, the competent authority may reserve, through bodies officially approved or recognised for that purpose, a certain percentage (which must not exceed 20%) of the prize money or profits for the safeguard, development and improvement of breeding. (2) For the purposes of paragraph (1), “the competent authority” means— (a) in relation to a competition or type of competition taking place in— (i) England, the Secretary of State; (ii) Wales, the Welsh Ministers; (iii) Scotland, the Scottish Ministers; (b) but the competent authority is the Secretary of State in relation to any competition or type of competition taking place in Great Britain where the exercise of the function referred to in paragraph (1) is outside devolved competence. (3) For the purposes of paragraph (2)(b), the exercise of the function referred to in paragraph (1) is outside devolved competence— (a) in relation to Wales, if it would not be within the legislative competence of Senedd Cymru if it were contained in a provision of an Act of Senedd Cymru (assuming, in the case of a provision that could only be made with the consent of a Minister of the Crown within the meaning in the Ministers of the Crown Act 1975, that such consent were given); (b) in relation to Scotland, if it would not be within the legislative competence of the Scottish Parliament if it were contained in a provision of an Act of that Parliament.

CHAPTER 2 — Aquatic Animal Health

The Aquatic Animal Health (England and Wales) Regulations 2009

40

• (1) The Aquatic Animal Health (England and Wales) Regulations 2009[^f00079] are amended as follows.

• (2) In regulation 3(1), for the definition of “the competent authority” substitute—

• “the competent authority” has the meaning given in regulation 3A;

• (3) After regulation 3 insert—

(3A) The Secretary of State is, in relation to England, and the Welsh Ministers are, in relation to Wales, the competent authority for the purposes of— (a) these Regulations; (b) Regulation (EC) No 1251/2008; (c) Commission Decision 2008/896/EC on guidelines for the purpose of the risk-based animal health surveillance schemes provided for in Council Directive 2006/88/EC[^f00080]; (d) Commission Implementing Decision (EU) 2015/1554 laying down rules for the application of Directive 2006/88/EC as regards requirements for surveillance and diagnostic methods[^f00081].

• (4) After Part 3 insert—

(21A) In this Part— (a) “Commission Decision 2008/946/EC” means “Commission Decision 2008/946/EC implementing Council Directive 2006/88/EC as regards requirements for quarantine of aquaculture animals[^f00082]; (b) “declared disease-free” means declared disease-free in accordance with Article 49 or 50 of Directive 2006/88/EC as the case may be. (21B) An aquaculture animal intended for farming or restocking may only be introduced into a part of England or Wales which has been declared free of a disease for which that animal is a vector if it— (a) originates from another Member State, zone or compartment declared free of that specific disease; or (b) it has been, or will be, held in quarantine facilities in accordance with the requirements of Commission Decision 2008/946/EC. (21C) Wild aquatic animals of species susceptible to one or more of the diseases listed in Part 2 of Annex 4 to Directive 2006/88/EC caught in a Member State or zone or compartment not declared disease-free must be placed in quarantine in accordance with the requirements of Commission Decision 2008/946/EC before release into a farm or mollusc farming area in any part of England or Wales which has been declared disease-free.

CHAPTER 3 — Invasive Alien Species

The Invasive Alien Species (Enforcement and Permitting) Order 2019

41

• (1) Schedule 2 to the Invasive Alien Species (Enforcement and Permitting) Order 2019[^f00083] is amended as follows.

• (2) In Part 1, in the table—

• (a) after the entry for “Duck, Ruddy” insert—

Flatworm, New Zealand	Arthurdendyus triangulates

• (b) after the entry for “Goose, Egyptian” insert—

Pumpkinseed	Lepomis gibbosus

• (3) In Part 2, in the table, after the entry for “Rhubarb, Giant (otherwise known as Chilean Rhubarb)” insert—

Salvinia Moss	Salvinia molesta(otherwise known assalvinia adnata)

SCHEDULE — Modification of Directive 2006/88/EC

1

Article 3 is to be read as if—

• (a) in paragraph 1, after point (p) there were inserted—

(q) ‘the appropriate authority’ means: (i) in relation to England, the Secretary of State; (ii) in relation to Wales, the Welsh Ministers; (iii) in relation to Scotland, the Scottish Ministers; but “the appropriate authority” is the Secretary of State if consent is given: (i) in respect of functions exercisable in relation to Wales, by the Welsh Ministers; (ii) in respect of functions exercisable in relation to Scotland, by the Scottish Ministers; (r) ‘the Aquatic Animal Health Regulations’ means— (i) in England and Wales, the Aquatic Animal Health (England and Wales) Regulations 2009[^f00084]; (ii) in Scotland, the Aquatic Animal Health (Scotland) Regulations 2009[^f00085]; (s) ‘Commission Decision 2009/177/EC’ means Commission Decision 2009/177/EC as regards surveillance and eradication programmes and disease-free status of Member States, zones and compartments[^f00086]; (t) ‘constituent GB territory’ means England, Wales or Scotland as the case may be; (u) ‘Decision 2015/1554’ means Commission Implementing Decision (EU) 2015/1554 laying down rules for the application of Directive 2006/88/EC as regards requirements for surveillance and diagnostic methods[^f00087]; (v) ‘Regulation 1251/2008’ means Commission Regulation (EC) No 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species[^f00088].

• (b) after paragraph 2 there were inserted—

(3) References to eradication programmes and surveillance programmes are to be read as references to eradication or surveillance programmes (as the case may be) established under Decision 2015/1554.

2

Article 57 (b) is to be read as if—

• (a) for “Part II of Annex IV”, there were substituted “Annex 1A to Regulation 1251/2008”;

• (b) for the words from “to be” to the end substitute “established by Decision 2015/1554”.

3

Part A of Annex 3 is to be read as if—

• (a) in the heading, the words from “to” to “Article 12” were omitted;

• (b) in the second column of the table—

• (i) in the entry corresponding to Category 1, for “(Articles 49 to 50)” there were substituted “(Section 2 of Commission Decision 2009/177/EC)”;

• (ii) in the entry corresponding to Category 2, for “(Article 44(1))” there were substituted “(Article 2b(1) of Decision 2015/1554)”;

• (iii) in the entry corresponding to Category 4, for “(Article 44(2))” there were substituted “(Article 2b(3) of Decision 2015/1554)”;

• (iv) in the entry corresponding to Category 5, for “(Article 39)” there were substituted “(Regulation 28 of the Aquatic Animal Health Regulations)”.

4

Part B of Annex 3 is to be read as if—

• (a) in the table—

• (i) in the first column, for “Annex IV”, in both places where it occurs, there were substituted “Annex 1A to Regulation 1251/2008”;

• (ii) in the second column—

• (aa) in the first row, for the words from “in accordance” to the end there were substituted “having satisfied Article 2a(2)(a) or (b) or Article 2b(2)(a) or (b) of Commission Decision 2009/177/EC”;

• (bb) in the second row, for the words from “in accordance” to the end there were substituted “having satisfied Article 2a(2)(c) or Article 2b(2)(c) of Commission Decision 2009/177/EC”;

• (cc) in the third and fifth rows, the words from “approved” to the end were omitted;

• (dd) in the final row, for “Chapter V” there were substituted “Part 4 of the Aquatic Animal Health Regulations”;

• (iii) in the fifth column, in the heading, “(Article 7)” were omitted;

• (iv) in the sixth column, in the heading, “(Article 10)” were omitted;

• (v) in the seventh column—

• (aa) in the first row, for “Article 52” there were substituted “Article 2c of Commission Decision 2009/177/EC”;

• (bb) in the second row, for “Article 44(1)”, there were substituted “a surveillance programme”;

• (cc) in the fourth row, for “Article 44(2)”, there were substituted “an eradication programme”;

• (dd) in the final row, for “Chapter V”, there were substituted “regulations 24 to 27 of the Aquatic Animal Health Regulations”;

• (vi) in the eighth column, in the first row, the second, third and fourth paragraphs were omitted.

• (b) in the notes to the table, under the heading “Types of health surveillance”, in the first unnumbered paragraph, for “Section 2 of Chapter V” there were substituted “Part 4 of the Aquatic Animal Health Regulations”.

5

The heading to Annex 5 is to be read as if, for “Member State” there were substituted “constituent GB territory”.

6

Part 1 of Annex 5 is to be read as if—

• (a) in the heading, for “Member State” there were substituted “constituent GB territory”;

• (b) in paragraph 1—

• (i) the words before point 1.1, and point 1.1, were omitted;

• (ii) in point 1.2—

• (aa) in the words before point (a), “referred to in point 1.1(a)” was omitted;

• (bb) in point (b), for “Member State” there were substituted “constituent GB territory”;

• (c) in paragraph 2—

• (i) in the words before point (a)—

• (aa) for “Member State” there were substituted “constituent GB territory”;

• (bb) for “date of application for the” there were substituted “proposed date of declaration of”;

• (ii) in point (a), for “Member State” there were substituted “constituent GB territory”;

• (iii) in point (b)—

• (aa) for “the methods adopted pursuant to Article 49(3)” there were substituted “Decision 2015/1554”;

• (iv) in the words after point (b), for “Member State” substitute “constituent GB territory”.

7

Part 2 of Annex 5 is to be read as if—

• (a) in paragraph 1—

• (i) in point 1.2—

• (aa) for “Member State” there were substituted “constituent GB territory”;

• (bb) “1.3,” were omitted;

• (cc) for the words from “both” to the end there were substituted “the appropriate authority for each constituent GB territory may declare the part of the zone situated in their territory disease-free.”;

• (ii) point 1.3 were omitted;

• (b) in paragraph 2, point 2.2 were omitted;

• (c) in paragraph 3, point 3.7 were omitted;

• (d) in paragraph 4, in point 4.2(b), for “Part II of Annex IV” there were substituted “Annex 1A to Regulation 1251/2008”.

Signed

Gardiner of Kimble — Parliamentary Under Secretary of State — Department for Environment, Food and Rural Affairs — 30th November 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) to address failures of retained EU law to operate effectively and other deficiencies (in particular the deficiencies referred to in paragraphs (a) to (d) and (g) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union. These Regulations are also made in exercise of the powers in section 2(2) of the European Communities Act 1972 (c. 68) for reasons unconnected to the withdrawal of the UK from the European Union.

Part 2 amends the EEA Agreement. Parts 3 amends retained direct EU law concerning seeds, aquatic animal health, animal by-products, animal health and the non-commercial movement of pet animals. Part 4 and the Schedule modify Directive 2006/88/EC, which relates to aquatic animal health, for the purposes of interpreting references to it in the retained EU law amended by these Regulations. Parts 5 and 6 amend domestic secondary legislation relating to animal health, animal by-products, animal breeding, seeds, plants for planting and reproductive material, seal products, equine identification and access to competitions, aquatic animal health, livestock identification and non-commercial movement of pets and as a consequence of EU Exit. Part 7 otherwise amends domestic secondary legislation in relation to equine access to competitions, aquatic animal health and invasive alien species.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 2018 c. 16. Section 8 was amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) and paragraph 21 of Schedule 7 was amended by section 41(4) of, and paragraph 53(2) of Schedule 5 to, that Act.

[^f00002]: 1972 c. 68; section 2(2) was amended by the section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51), and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7). The 1972 Act is repealed on exit day by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”), but continues to have effect until IP completion day pursuant to section 1A of the 2018 Act, inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020. The function of the former Minister of Agriculture, Fisheries and Food of making regulations under section 2(2) was transferred to the Secretary of State by S.I. 2002/794.

[^f00003]: S.I. 1972/1811, to which there are amendments not relevant to these Regulations. This instrument is prospectively revoked by S.I. 2018/1011, which comes into force on IP completion day by virtue of paragraph 1 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020.

[^f00004]: S.I. 2008/301. This instrument is prospectively revoked by S.I. 2018/1011, which comes into force on IP completion day by virtue of paragraph 1 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020.

[^f00005]: S.I. 2011/463, amended by S.I. 2011/2992, 2012/3035, 2014/487, 2016/613, 2017/288, 2019/131, 472, 2020/579, 682. It is prospectively amended by S.I. 2019/809.

[^f00006]: S.I. 2012/245 (W. 39), amended by S.I. 2013/889 (W. 101), 2014/519 (W. 61), 2016/1242 (W. 294), 2017/1095 (W. 276), 2019/368 (W. 90), 737 (W. 140), 2020/601 (W. 138), 833 (W. 182).

[^f00007]: S.S.I. 2004/317, amended by S.S.I. 2007/224, 536, 2009/223, 2010/219, 2016/68, 434, 2019/59, 2020/165.

[^f00008]: S.S.I. 2005/328, amended by S.S.I. 2006/448, 2007/224, 536, 2009/223, 2010/219, 2011/1043, 2016/68, 434, 2019/59, 2020/165. It is prospectively amended by S.S.I. 2019/190.

[^f00009]: S.S.I. 2005/329, amended by S.S.I. 2006/448, 2007/224, 536, 2009/223, 330, 2010/219, 2011/1043, 2012/5, 2013/326, 2016/68, 434, 2017/384, 2019/59, 2020/165.

[^f00010]: S.S.I. 2010/148, amended by S.S.I. 2016/68, 434, 2011/1043, 2019/59.

[^f00011]: S.I. 2009/463; amended by S.I. 2011/981 and 2019/1488.

[^f00012]: S.S.I. 2009/85; amended by S.S.I. 2011/259, 2011/427, 2015/100 and 2019/412, and prospectively amended by S.S.I. 2019/9.

[^f00013]: EUDN 2009/177.

[^f00014]: EUDN 2015/1554.

[^f00015]: EUR 2017/625.

[^f00016]: EUR 1251/2008.

[^f00017]: S.I. 2016/1154, amended by S.I. 2017/1012, 1075, 2018/110, 428, 575, 721 (W. 140), 1216 (W. 249), 1227, 2020/904. It is prospectively amended by S.I. 2019/39, 620. S.I. 2019/39 is prospectively amended by S.I. 2019/1078.

[^f00018]: S.S.I. 2012/360, amended by S.S.I. 2014/267, 2015/100, 101, 438, 2016/39, 2017/446 and 2018/391, S.I. 2014/469, 2015/483, 1973, 2020/818. It is prospectively amended by S.S.I. 2019/26. S.S.I. 2019/26 is prospectively amended by S.I. 2019/175.

[^f00019]: S.I. 2011/1197, amended by S.I. 2012/2897, 2013/2996, 2014/3158, 2018/575, 1037, 2019/526, 782, 1488, 2020/109. It is prospectively amended by S.I.2019/796, 1225.

[^f00020]: S.I. 2011/2379 (W. 252), amended by S.I. 2018/1152 (W. 234), 1216 (W. 249), 2019/463 (W. 111), 2019/737 (W. 140), 2020/44 (W. 5), 177 (W. 38). It is prospectively amended by S.I. 2019/597 (W.126), 1334 (W.232).

[^f00021]: S.S.I. 2012/177, amended by S.S.I. 2012/198, 199, 2015/100, 401, 2018/391, 2019/5, 412 and S.I. 2014/3158. It is prospectively amended by S.S.I. 2019/71, 288.

[^f00022]: S.I. 2002/618, amended by S.I. 2003/1697, 1400, 2005/2759, 2909, 2007/400, 803, 2008/2936, 2012/1426, 2013/525, 2327, 2017/207. It is prospectively amended by S.I. 2019/791, 1385.

[^f00023]: S.I. 2013/2033, amended by S.I. 2014/599, 2018/761, 2019/676, 1488, 2020/44 (W. 5). It is prospectively amended by S.I. 2019/791, 1385.

[^f00024]: S.I. 2012/1916, amended by S.I. 2013/235, 1855, 2593, 2014/490, 1878, 2015/178, 323, 570, 895, 903, 1503, 1862, 1879, 2016/186, 696, 2017/1322, 2018/199, 378, 2019/62, 598, 703. It is prospectively amended by S.I. 2019/593, 775, 1094, 1385.

[^f00025]: The Terrestrial Animal Health Code 2019 is freely accessible online (//www.oie.int/en/standard-setting/terrestrial-code/access-online) or available to order in hard copy from the OIE online bookshop (at http://web.oie.int/boutique/index.php). The OIE’s address is 12, rue de Prony, 75017 Paris, France). A hard copy version is also available to view on request at the offices of the Future Animal & Plant Health, Endemics & Traceability Team at the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London SW1P 4DF.

[^f00026]: The Aquatic Animal Health Code 2019 is freely accessible online (https://www.oie.int/en/standard-setting/aquatic-code/access-online) or available to order in hard copy from the OIE online bookshop (http://web.oie.int/boutique/index.php). A hard copy version is also available to view on request at the offices of the Aquatic Animal Health Team at the Department for Environment, Food and Rural Affairs, Seacole Building, 2 Marsham Street, London SW1P 4DF.

[^f00027]: OJ No L 334, 17.12.2010, p.17.

[^f00028]: S.I. 1994/2841, amended by S.I. 2003/1788, 2005/2035, 2010/675, 2011/556, 2013/755, 2016/1154, 2018/942, 1216 (W. 249). It is prospectively amended by S.I. 2019/558.

[^f00029]: S.S.I. 1994/2842, amended by S.S.I. 1996/973, 2003/273, 2011/202, 2018/391, 2019/175. It is prospectively amended by S.I. 2019/26.

[^f00030]: S.I. 2017/1012, amended by S.I. 2017/1013, 2018/1307, 2019/295 (W. 73), 1354, 2020/94. It is prospectively amended by S.I. 2019/558.

[^f00031]: S.I. 2017/1013, amended by S.I. 2019/42, 2019/579 and 2020/94.

[^f00032]: S.I. 1994/2716, amended by S.I. 1996/973, 2000/1973, 2003/2155, 2005/421, 3389, 2006/1282, 2007/1843, 3538, 2009/1307, 2438, 3160, 2010/489 (W. 55), 490, 2011/202, 2015/249, 2019/1354, S.S.I 2000/323, 2004/475, 2006/270, 2007/349, 485, 2008/17, 425, 2009/222, 2011/155, 2012/215, 228, 360, 2015/249, 2019/64, 113, 320, 364.

[^f00033]: 1989 c. 14.

[^f00034]: S.I. 2008/465, amended by S.I. 2009/1297, 2012/2897, 2014/1894, 2018/575. It is prospectively amended by S.I. 2018/1406.

[^f00035]: S.I. 2008/1275 (W.132), amended by S.I. 2009/1373 (W. 136), 2014/1894, 2018/806 and 2019/371 (W. 92). It is prospectively amended by S.I. 2019/371 (W. 92).

[^f00036]: S.S.I. 2008/158, amended by S.S.I. 2009/173, 2009/174, 2019/71 and S.I. 2014/1894.

[^f00037]: OJ L 300 14.11.2009, p. 1.

[^f00038]: EUR 2013/576.

[^f00039]: EUR 2013/577.

[^f00040]: EUR 2018/772.

[^f00041]: OJ No. L 178, 28.6.2013, p. 109, as last amended by Commission Implementing Regulation (EU) 2019/1293 (OJ No. L 204, 2.8.2019, p.3.

[^f00042]: OJ No. L 178, 28.6.2013, p.1.

[^f00043]: S.I. 2011/1197, amended by S.I. 2012/2897, 2013/2996, 2014/3158, 2018/575 and 1037, 2019/526 and 1488 and 2020/109, and amended prospectively from IP completion day by S.I. 2019/782.

[^f00044]: S.I. 2011/2379 (W.252) amended by S.I. 2018/1152 and 1216, 2019/463 and 799, 2020/44 and 177, amended prospectively from IP completion day by S.I. 2019/597 and 1334.

[^f00045]: S.S.I. 2012/177, amended by S.S.I. 2012/198, 199, 2015/100 and 401, 2018/391, 2019/5 and 412 and S.I. 2014/3158, and amended prospectively from IP completion day by S.S.I. 2019/71 and 288 .

[^f00046]: OJ No. L 311, 28.11.2001, p.1, as last amended by Regulation 596/2009 of the European Parliament and of the Council (OJ No. L188. 18.7.2009, p.14).

[^f00047]: OJ No. L 136, 30.4.2004, p.1, as last amended by Regulation (EU) 2019/5 of the European Parliament and of the Council (OJ No. L 4, 7.1.2019, p.24).

[^f00048]: S.I. 2013/2033, amended prospectively from IP completion day by S.I. 2019/676 and 865; there are other amending instruments but none is relevant.

[^f00049]: OJ No. L 79, 30.3.2000, p.40, as last amended by Council Directive 2008/73/EC (OJ No. L 231, 13.9.2000, p.18).

[^f00050]: EUR 577/2013.

[^f00051]: S.I. 2013/2033, to which there are amendments not relevant to these Regulations.

[^f00052]: OJ L 155, 19.6.2018, p.1.

[^f00053]: S.I. 2019/170, amended by S.I. 2019/1220 and S.I. 2019/1229.

[^f00054]: S.I. 2019/809.

[^f00055]: S.I. 2019/1220, amended by S.I. 2019/1229.

[^f00056]: S.I. 2018/1034.

[^f00057]: S.I. 2018/1406.

[^f00058]: S.I. 2018/1410.

[^f00059]: S.I. 2018/1409.

[^f00060]: S.I. 2019/591.

[^f00061]: S.I. 2019/117.

[^f00062]: S.I. 2019/131; amended by S.I. 2019/809, prospectively amended by S.I. 2019/1220, regulation 9: that regulation is being omitted by these Regulations.

[^f00064]: S.I. 2001/3510, amended by S.S.I. 2004/317, S.I. 2004/2949, S.S.I. 2005/328, 329, S.I. 2007/1871, 2009/1273, 2010/1195, 2011/464, 2012/2897, 2013/2042, 2014/487, S.S.I 2015/395, S.I. 2016/106 (W. 52), 2018/942, 2020/579. It is prospectively amended by S.I. 2019/162.

[^f00065]: S.I. 2019/162, to which there is an amendment not relevant to these Regulations.

[^f00066]: S.I. 2019/451.

[^f00067]: S.I. 2019/452.

[^f00068]: S.I. 2019/814.

[^f00069]: S.I. 2019/1229.

[^f00070]: S.I. 1974/2211, amended by S.I. 1977/361, 2011/2883, 2014/3158 and 2019/526. There are other amending instruments but none is relevant.

[^f00071]: S.I. 2011/2883, amended by S.I. 2014/3158. There are other amending instruments but none is relevant.

[^f00072]: S.I. 1992/3044.

[^f00073]: S.I. 2009/463; amended by S.I. 2011/981 and 2019/1488.

[^f00074]: EUDN 2009/177.

[^f00075]: EUDN 2015/1554.

[^f00076]: EUR 1251/2008.

[^f00077]: EUDN 2008/946.

[^f00078]: S.I. 1992/3044.

[^f00079]: S.I. 2009/463; amended by S.I. 2011/981 and 2019/1488.

[^f00080]: OJ No L 322, 2.12.2008, p.30.

[^f00081]: OJ No L 247, 23.9.2015, p.1.

[^f00082]: OJ No L 337, 16.12.2008, p.94.

[^f00083]: S.I. 2019/527.

[^f00084]: S.I. 2009/463; amended by S.I. 2011/981 and 2019/1488.

[^f00085]: S.S.I. 2009/85; amended by S.S.I. 2011/259, 2011/427, 2015/100 and 2019/412, and prospectively amended by S.S.I. 2019/9.

[^f00086]: EUDN 2009/177.

[^f00087]: EUDN 2015/1554.

[^f00088]: EUR 1251/2008.

Editorial notes

[^key-4b2917f3bb79c9821877963704148c73]: Reg. 1 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-c38a3edb76f60da998f7b23c7ad37e22]: Reg. 2 in force at 31.12.2020, see reg. 1(2)(c)

[^key-b812b1ccecf904b40c4d2ace90863d18]: Reg. 3 in force at 31.12.2020, see reg. 1(2)(c)

[^key-21c58447a626eacad5c35dbaef04e650]: Reg. 4 in force at 31.12.2020, see reg. 1(2)(c)

[^key-23409e1f13aa5d31e52cccb6a0087a76]: Reg. 5 in force at 31.12.2020, see reg. 1(2)(c)

[^key-d1aae0f62996d5b82d305f4eec255f56]: Reg. 6 in force at 31.12.2020, see reg. 1(2)(c)

[^key-913f3c2e9dd490200a513320a95e8213]: Reg. 7 in force at 31.12.2020, see reg. 1(2)(c)

[^key-b4d7fdee3853d8fd73e8602c55938861]: Reg. 8 in force at 31.12.2020, see reg. 1(2)(c)

[^key-7d814fe2fdc79117b8d22cdf8b982032]: Reg. 9 in force at 31.12.2020, see reg. 1(2)(c)

[^key-fe8dbcddaccff8c78ce62642fed6a657]: Reg. 10 in force at 31.12.2020, see reg. 1(2)(c)

[^key-1d3dc40b5bd65c9fefbd32228da7a4c2]: Reg. 11 in force at 31.12.2020, see reg. 1(2)(c)

[^key-88445c740f7b76eb45e98bc3d0922d19]: Reg. 12 in force at 31.12.2020, see reg. 1(2)(c)

[^key-162cd53cf71d403675b3256718ab50f4]: Reg. 13 in force at 31.12.2020, see reg. 1(2)(c)

[^key-8bb33f97a033660359488e1d67c19b11]: Reg. 14 in force at 31.12.2020, see reg. 1(2)(c)

[^key-5384510531262249f3f0d710e36579d0]: Reg. 15 in force at 31.12.2020, see reg. 1(2)(c)

[^key-3bcd37a262f53f5bdb4dedb03de8f29f]: Reg. 16 in force at 31.12.2020, see reg. 1(2)(c)

[^key-1267c910bcdb91bdf7f48b2114109a4d]: Reg. 17 in force at 31.12.2020, see reg. 1(2)(c)

[^key-d241689769ac3e8e6c2c4c426374566b]: Reg. 18 in force at 31.12.2020, see reg. 1(2)(c)

[^key-5709b48878005dec2e631fd158b1ff5b]: Reg. 19 in force at 31.12.2020, see reg. 1(2)(c)

[^key-9bf842df8ecedd75410f987ebb5b89e4]: Reg. 20 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-360d0b511b277035cd7917453e71a6a5]: Reg. 22 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-ba08edf863b52373e342cbbc15c724fb]: Reg. 21 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-0193f322d074b0a6df0cb15ace9e9a8a]: Reg. 23 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-ba3406531c0b3e26fbdab4faef1ddd27]: Reg. 24 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-41290d4a4162d048c3127f9cca7245eb]: Reg. 25 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-67537157251afc5c823d06cb60118466]: Reg. 26 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-07fe5475a144bff55250695847a57cfd]: Reg. 27 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-6db4e5541f97b8b46e1f45dae72b4a87]: Reg. 28 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-8a112c9c24aded4ba6141ff3975537de]: Reg. 29 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-b854a5549d8887a753d2acb947c40a8c]: Reg. 30 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-960ee059c1f22f616a265a79908f4033]: Reg. 31 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-01d00802d7adaf1cc80522ba8a41491f]: Reg. 32 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-3e467be5e92035dd91f1ac35633aa9bc]: Reg. 33 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-a6e49101f81c09876fd29760d5bcbd39]: Reg. 34 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-68e1b5ab4cd7586b3cfe9bb6344fb178]: Reg. 35 in force at 31.12.2020, see reg. 1(2)(c)

[^key-50f84f2ebd57fee7b2c06698f0dc2bf2]: Reg. 36 in force at 31.12.2020, see reg. 1(2)(c)

[^key-dcb8cc9a5e95c7a9c3186ba139fa269c]: Reg. 37 in force at 31.12.2020, see reg. 1(2)(c)

[^key-f958d4715d995dcae9b876e59515ddf2]: Reg. 39 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-26fba793ef722e8e0a8f7370478feb63]: Reg. 38 in force at 31.12.2020, see reg. 1(2)(c)

[^key-7b1aae2c80ca45a865b56e26f327648f]: Reg. 40 in force at 31.12.2020 (immediately before IP completion day), see reg. 1(2)(a)

[^key-da3a327c568dab7828ac00df4dea93be]: Sch. para. 1 in force at 31.12.2020, see reg. 1(2)(c)

[^key-2342457e865e49b6e489171ed70d06ef]: Sch. para. 2 in force at 31.12.2020, see reg. 1(2)(c)

[^key-c18c7c945708dbd8ed501caca9a117fe]: Sch. para. 3 in force at 31.12.2020, see reg. 1(2)(c)

[^key-506deaf32512f978454a0c8bb20d5dc6]: Sch. para. 4 in force at 31.12.2020, see reg. 1(2)(c)

[^key-a25c02699e2135eae900a80b7d3767e2]: Sch. para. 5 in force at 31.12.2020, see reg. 1(2)(c)

[^key-4b9d2d1ecbcae02aec1feddbd8ab40fe]: Sch. para. 6 in force at 31.12.2020, see reg. 1(2)(c)

[^key-0b190f1db22477e66ca25e0a8396ca9a]: Sch. para. 7 in force at 31.12.2020, see reg. 1(2)(c)

[^key-b3db6e0f274003f14255b2b7da4841a5]: Reg. 41 in force at 4.5.2021, see reg. 1(2)(b)

[^key-75315fe97e66147f94157a0282dad6f5]: Words in reg. 19(3)(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 48