
2023 No. 312
Professional Qualifications
Animals
Food
The Animal Welfare and Food Safety (International Professional Qualification Recognition Agreement Implementation) (Miscellaneous Amendment) (Scotland) Regulations 2023
Made 31st October 2023
Laid before the Scottish Parliament 2nd November 2023
Coming into force 1st December 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 3 and 13(1) of the Professional Qualifications Act 2022, sections 30(9) and 48(1)(b) of the Food Safety Act 1990 and all other powers enabling them to do so.
In accordance with section 14 of the Professional Qualifications Act 2022 the Scottish Ministers are satisfied that these Regulations do not remove the ability of any regulator of a regulated profession to prevent individuals who are unfit to practise the profession from doing so, and that the regulations will not have a material adverse effect on any regulated profession in terms of the knowledge, skills or experience of the individuals practising it.
In accordance with section 15 of that Act the Scottish Ministers have consulted with the regulator affected by these Regulations.
In accordance with section 48(4A) of the Food Safety Act 1990 the Scottish Ministers have had regard to relevant advice given by Food Standards Scotland.

There has been consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the Food Safety Authority and laying down procedures in matters of food safety, as it has effect in EU law.
Citation and commencement

1 
These Regulations may be cited as the Animal Welfare and Food Safety (International Professional Qualification Recognition Agreement Implementation) (Miscellaneous Amendment) (Scotland) Regulations 2023 and come into force on 1 December 2023.
Amendment of the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012

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(1) The Welfare of Animals at the Time of Killing (Scotland) Regulations 2012 are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a) after the definition of “EU Regulation”, insert—“
 “the Professional Qualifications Regulations 2023” means the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023,”.
(b) in the definition of “qualification certificate”—
(i) in sub-paragraph (ab), omit “or” and
(ii) after sub-paragraph (ab), insert—“(ac) a qualification which has been recognised under Part 2 of the Professional Qualifications Regulations 2023 in relation to an operation specified in regulation 5, or”.
(3) In regulation 25 (appeals), after paragraph (1), insert—“
(1A) A person who is aggrieved by a decision of the competent authority not to recognise a qualification under Part 2 of the Professional Qualifications Regulations 2023 in relation to an operation specified in regulation 5 may appeal to the sheriff against the decision.
(1B) In paragraph (1A), the reference to a decision of the competent authority not to recognise a person’s qualification under Part 2 of the Professional Qualifications Regulations 2023 is to be treated as including any failure by the competent authority to notify the applicant of its decision concerning the person’s application within the period of four months beginning with the day after the day on which the person submitted a complete application to the competent authority under Part 2 of the Professional Qualifications Regulations 2023.”.
Amendment of the Food Safety (Sampling and Qualifications) (Scotland) Regulations 2013

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(1) The Food Safety (Sampling and Qualifications) (Scotland) Regulations 2013 are amended as follows.
(2) In schedule 2 (qualifications of food examiners)—
(a) in part 1 in paragraph 7, after “European Union” insert “, Iceland, the Principality of Liechtenstein or the Kingdom of Norway”.
(b) in part 2—
(i) in paragraph 2, after “European Union” insert “, Iceland, the Principality of Liechtenstein or the Kingdom of Norway”,
(ii) In paragraph 4, after “European Union” insert “, Iceland, the Principality of Liechtenstein or the Kingdom of Norway”.
GILLIAN MARTIN
Authorised to sign by the Scottish Ministers
St Andrew’s House
Edinburgh
31st October 2023