Joint Committee on Statutory Instruments Fourth Report


APPENDIX X

Memorandum by the Ministry of Agriculture, Fisheries and Food


ENZOOTIC BOVINE LEUKOSIS ORDER 1997 (S.I. 1997/757)

  1. The Committee asked:

    Article 1(3) defines "approved laboratory" as one approved by the Minister and listed in Schedule 1. If the Minister withdraws his approval for a laboratory, explain how those who use it under regulation 5 for testing their milk, will be made aware, before Schedule 1 is amended, that the laboratory has ceased to be approved.

  2. Article 5(1)(a) requires specified persons to select an approved laboratory. Article 5(1)(b) requires that person to notify the Minister of the laboratory selected. Accordingly the Ministry will have a record of the users of each laboratory. In the event of an approval being removed the Ministry will notify users of the fact.

  3. The Committee asked:

    Article 2(1) imposed obligations on a person who has an affected animal "under his control". Is this expression meant to have a meaning different from "under his charge" used in the other provisions? If so, explain the different meanings.

  4. The two phrases are intended to mean the same thing. The Ministry accepts that it would have been better to use the same phrase. However, it is submitted that no ambiguity arises, and that a court would interpret the two phrases in the same way.

13th June 1997


 
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