Statutory Instruments
2015 No. 1980
Animals, England
Animal Health
Public Health, England
The Animal By-Products (Enforcement) (England) (Amendment) Regulations 2015
Made
4th December 2015
Laid before Parliament
8th December 2015
Coming into force
31st December 2015
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( 1 ).
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures in the veterinary and phytosanitary fields for the protection of public health( 2 ).
Citation, commencement and amendment
1. These Regulations—
(a) may be cited as the Animal By-Products (Enforcement) (England) (Amendment) Regulations 2015;
(b) come into force on 31st December 2015; and
(c) amend the Animal By-Products (Enforcement) (England) Regulations 2013( 3 ) in accordance with regulations 2 to 9 .
Regulation 2
2. After paragraph (c) in the definition of “premises” in regulation 2(1) (interpretation), for “or” substitute “and”.
New regulation 7A
3. After regulation 7 insert—
“ Collection, transport and disposal of certain Category 3 material
7A. —(1) The collection, transport and disposal of Category 3 material in Article 10(f) of the EU Control Regulation ( 4 ) (Category 3 material) is authorised if the requirements of paragraph (2) are satisfied.
(2) The requirements are—
(a) the material satisfies Article 15 of, and paragraphs (a) to (c) of Chapter IV of Annex VI to, the EU Implementing Regulation ( 5 ) ; and
(b) the means of disposal for such material are disposal—
(i) in an authorised landfill without prior processing; or
(ii) to a biogas or composting plant for transformation in accordance with an authorisation under paragraph 2 of Section 2 of Chapter III of Annex V to the EU Implementing Regulation. ” .
Regulation 9
4. In paragraph (d) of regulation 9 (reporting of test results), for “Article24(3)” substitute “Article 24(3)”.
Regulation 10
5. In paragraph (4) of regulation 10 (staining)—
(a) in sub-paragraph (b) for each “by-product” substitute “animal by-product”; and
(b) in sub-paragraph (c) omit “not falling with paragraph (3) and”.
Regulation 23
6. In regulation 23 (powers of entry and additional powers)—
(a) in paragraph (1) omit sub-paragraphs (j) and (k); and
(b) after paragraph (1) insert—
“ (1A) Where an authorised person has entered any premises which are unoccupied or from which the occupier is temporarily absent, the authorised person must leave them as effectively secured against unauthorised entry as they were before entry. ” .
Substitution of Part 8 heading
7. For the Part heading to Part 8 substitute—
“ Revocations and Review ” .
Regulation 29
8. Omit regulation 29.
Schedule 1
9. In the table in Schedule 1 (animal by-product requirements), in the row beginning with “Disposal and use of Category 3 material”, for the text in the third column substitute “Regulation 7A of these Regulations and Articles 6(3) to (5), 8(1), 9(b) and (c), 10(1), 11(2), 12(2), 13(2) and 15 of the EU Implementing Regulation”.
George Eustice
Minister of State
Department for Environment, Food and Rural Affairs
4th December 2015
1972 c.68 ; section 2(2) was amended by 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) .
S.I. 2013/2952 , to which there are amendments not relevant to these Regulations.
OJ No L 300, 14.11.2009, p 1, as last amended by Council Regulation (EU) No 1385/2013 (OJ No L 354, 28.12.2013, p 86).
OJ No L 54, 26.2.2011, p 1, as last amended by Commission Regulation (EU) No 2015/9 (OJ No L 3, 7.1.2015, p 10).