Commentary
These
Regulations are proposed to be made by the UK Government under
section 8 of, and paragraph 21(b) of Schedule 7 to, the European
Union (Withdrawal) Act 2018.
This SI makes
amendments to the Veterinary Surgeons Act 1966 and the Animal
Welfare Act 2006 in order to address deficiencies arising from the
United Kingdom’s withdrawal from the European
Union.
After exit
day:
a. Persons
with veterinary qualifications obtained in the EEA who wish to
register and practice in the UK will need to have a qualification
that satisfies the Royal College of Veterinary Surgeons (RCVS) that
they have the requisite knowledge or skill, or successfully pass a
statutory examination set by the RCVS.
b. Powers of
entry under section 29 of the Animal Welfare Act 2006 will continue
to be available in England and Wales, ensuring inspectors can
continue to assess compliance with certain regulations made under
section 12 of that Act.
A Statutory
Instrument Consent Memorandum was laid because powers of entry
under the Animal Welfare Act 2006 are devolved.
(The changes
made in respect of recognising the veterinary qualifications
obtained in the EEA are not devolved, therefore the Statutory
Instrument Consent Memorandum does not cover those
changes.)
Legal
Advisers agree with the statement laid by the Welsh Government
dated 19 December 2018 regarding the effect of these
Regulations.
The above
summary and the content of the Explanatory Memorandum to these
Regulations confirm their effect and the extent to which these
Regulations would enact new policy in devolved areas.
Legal
Advisers do not consider that any significant issues arise under
paragraph 8 of the Memorandum on the European Union (Withdrawal)
Bill and the Establishment of Common Frameworks in relation to
these Regulations.
Legal
Advisers have not identified any legal reason to seek a consent
motion under Standing Order 30A.10 in relation to these
Regulations.
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