Animal
Health and Welfare (Temporary Continuance of Effect of European Union
Legislation) (Jersey) Order 2019
1 Interpretation
In this Order –
“1973 Law” means the European Union (Jersey)
Law 1973;
“EU provision” has the meaning given by the European Union
Legislation (Implementation) (Jersey) Law 2014;
“repeal date” means the date and time at which
Article 2 of the European
Union (Repeal and Amendment) (Jersey) Law 2018 comes into force.
2 Continuance of effect of certain EU provisions relating to
animals
(1) On and after the repeal date, a relevant EU
animal provision, as amended from time to time, has effect in Jersey as
if –
(a) the 1973 Law had not been
repealed;
(b) the United Kingdom were
still a member state of the European Union; and
(c) the arrangements
described in Article 1(4B)(a) to (c) of the 1973 Law were still in effect.
(2) For the purpose of paragraph (1) an EU
provision is a relevant EU animal provision if –
(a) it falls within paragraph (3);
and
(b) it had effect, by virtue
of Article 2 of the 1973 Law, immediately before the repeal date.
(3) An EU provision falls within this paragraph
if, and to the extent that, it relates to –
(a) the welfare of animals;
(b) unwanted residues in
farmed animals;
(c) food or feed standards in
relation to aquatic animals;
(d) the health of aquatic
animals;
(e) any other matter capable
of regulation by the Animal Health (Jersey) Law 2016, within the meaning of that
Law; or
(f) any other matter for
which provision may be made –
(i) under Article 7 of the Animal Health (Jersey) Law 2016,
(ii) by Order under the Animal Welfare (Jersey) Law 2004, or
(iii) by Order under the EU Legislation (Aquatic Animal Health) (Jersey)
Regulations 2016.
3 Implementation and enforcement of continued EU provisions
(1) In this Article “continued
EU provision” means an EU provision that has effect by virtue of Article 2.
(2) The Minister for the
Environment is the competent
authority for the purpose of
the continued EU provisions.
(3) A continued EU provision is to be treated as
“relevant legislation” for the purpose of Article 19
of the Animal
Health (Jersey) Law 2016.
(4) The Minister for the Environment may serve
a person with a notice if the Minister considers that the person has not
complied with, is not complying with, or is not likely to comply with a
continued EU provision.
(5) Paragraphs (2) to (10) of Regulation 4 of the EU
Legislation (Wild Aquatic Animals – Food and Feed) (Jersey) Regulations 2019 apply in relation to a notice served
under paragraph (4) as they apply to a notice served under that
Regulation.
(6) If a continued EU provision prescribes or
specifies a form, a deviation from that form does not invalidate the form used
if the deviation –
(a) consists in using, or
adapting to Jersey, an equivalent form prescribed or specified by any law of
the United Kingdom; or
(b) otherwise does not
materially affect the substance of the form and is not likely to mislead.
(7) Paragraph (6) is not to be read as
limiting the application of Article 14 of the Interpretation (Jersey) Law 1954 to a form prescribed or
specified by an enactment mentioned in any of sub-paragraphs (a) to (n) of Article 4(2).
(8) The diseases listed in paragraph (9)
are notifiable diseases for the purposes of Part 5 of the EU Legislation (Aquatic Animal Health) (Jersey)
Regulations 2016, and nothing in Regulation 19 of those Regulations or in Article 2
or 4 of this Order is to be read as preventing those diseases from being
treated as notifiable diseases.
(9) The diseases are –
(a) spring viraemia of carp
(SVC);
(b) bacterial kidney disease
(BKD); and
(c) infections with Gyrodactylus
salaris (GS).
4 Construction of related enactments
(1) On and after the repeal date, the
enactments listed in paragraph (2) are to be construed as if –
(a) the 1973 Law had not
been repealed;
(b) the United Kingdom were still
a member state of the European Union; and
(c) the arrangements
described in Article 1(4B)(a) to (c) of the 1973 Law were still in effect.
(2) The enactments are the provisions, made
before the repeal date, of –
(a) the Animal Health (Jersey) Law 2016;
(b) the Animal Welfare (Jersey) Law 2004;
(c) the EU
Legislation (Aquatic Animal Health) (Jersey) Regulations 2016;
(d) the European Communities
Legislation (Bluetongue) (Jersey) Regulations 2008;
(e) the Community Provisions (Bovine
Embryos) (Jersey) Regulations 2010;
(f) the European Communities
Legislation (Implementation) (Cattle Identification) (Jersey) Regulations 2002;
(g) the EU
Legislation (Transmissible Spongiform Encephalopathies) (Jersey) Regulations
2015;
(h) the EU Legislation
(Veterinary Checks – Imports from Third Countries) (Jersey) Regulations
2016;
(i) the EU Legislation
(Veterinary and Zootechnical Checks – Trade with Member States) (Jersey)
Regulations 2016;
(j) the Pet Travel Scheme
(Jersey) Regulations 2011;
(k) the Community Provisions (Welfare
of Animals during Transport) (Jersey) Regulations 2013;
(l) the EU Legislation (Wild
Aquatic Animals – Food and Feed) (Jersey) Regulations 2019;
(m) the EU Legislation
(Monitoring of Residues in Animals) (Jersey) Regulations 2019; and
(n) any enactment made under
any of the enactments in sub-paragraphs (a) to (m).
(3) Nothing
in paragraph (2)(n) applies to the exercise, on or after the repeal date,
of a power, conferred by an enactment listed in any of paragraphs (2)(a)
to (m), to make Regulations or an Order.
5 Citation
This Order may be cited
as the Animal Health and Welfare (Temporary Continuance of Effect of European
Union Legislation) (Jersey) Order 2019.
6 Commencement and expiry
(1) This
Order comes into force on the commencement of Article 2 of the European Union (Repeal
and Amendment) (Jersey) Law 2018.
(2) This
Order ceases to have effect 9 months after it comes into force.