Appendix 3
S.I. 2011/1197: memorandum from Department for
Environment, Food and Rural Affairs
Trade in Animals and Related Products Regulations
2011 (S.I. 2011/1197)
1. The Committee asked—
Explain why section 56(1) of the Finance Act 1973
is not recorded in the preamble as a power under which the instrument
was made but the consent of the Treasury under that section is
recorded there.
2. The Department accepts that the section should
have been included as a power as well as having the consent recorded
and will rectify this in the annual edition.
3. The Committee asked—
Explain by what process, and by whom, designation
is effected for the purposes of regulation 13.
4. As is stated in regulation 11 and its footnote,
the Commission approves border inspection posts. Not all approved
border inspection poses are designated for all imports; the permitted
imports are designated in the approval, which is why the word
"designated" was used rather than "approved"
.
5. The Committee asked—
Why is one of the constraints on the official veterinary
surgeon in regulation 15(3) based on an objective fact ("the
correct fee .... will be paid") that cannot be verified when
the OVS is called on to act?
6. Because many importers leave a bond to ensure
payment.
7. The Committee asked—
Why is the legislation of the European Union referred
to in regulation 15(4) neither specific nor limited to legislation
within the scope of the common agricultural policy?
8. As regulation 15(4) deals with live animals
the Department submits that it is clear that it is referring to
CAP legislation.
9. The Committee asked—
Explain what are the intended consequences of failure
to comply with regulation 22(3) and how that intention is given
effect.
10. Regulation 22(3) requires lodging a deposit
or guarantee. If the person does not do this a CVED is not issued.
11. The Committee asked—
Explain why failure to comply with paragraph 2 of
Schedule 2 does not attract the offence in regulation 39.
12. Paragraph 2 requires a transporter to be
approved, and the paragraph will be enforced by revoking the approval
if necessary. The Department considered a criminal offence to
be unnecessary.
Department for Environment, Food and Rural Affairs
21 June 2011
| 
