The Official Controls (Amendment) Regulations 2025
The Official Controls (Amendment) Regulations 2025 modernize UK import control procedures for animals, food, and plants following Brexit.
The regulations expand the role of plant health officers, introduce digital certification options, allow more flexible locations for controls, and create new exemption powers for low-risk goods.
They establish civil sanctions and appeals processes while updating various technical requirements across multiple related regulations to align with new border control procedures.
Arguments For
Enables more efficient border processes by allowing official plant health officers to perform additional functions previously restricted to laboratories
Introduces flexibility in documentary checks, potentially reducing administrative burden through automated and remote verification
Modernizes certification processes by allowing digital and electronic formats, adapting to technological advances
Expands exemption powers for low-risk goods, potentially streamlining trade while maintaining safety
Introduces civil sanctions alongside criminal penalties, providing more proportionate enforcement options
Creates provisions for appeals against decisions, improving procedural fairness
Allows for pre-export inspections and reduced controls for trusted traders through new schemes
Arguments Against
Delegation of laboratory functions to plant health officers may raise concerns about testing quality and consistency
Reduced documentary checks could potentially increase risks of non-compliant imports
Greater flexibility in inspection locations might complicate enforcement and monitoring
Expanded exemption powers could lead to inconsistent application of controls
Digital certification systems may face implementation challenges and security risks
New trusted trader schemes require significant resources to establish and monitor
Devolved administration consent requirements could slow decision-making processes
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 14, , , (a), (b), (e) and , 15 and 20 of the Retained EU Law (Revocation and Reform) Act 2023 ('the 2023 Act'). The Secretary of State is a relevant national authority for the purposes of sections 14, and and 15 of the 2023 Act. The Secretary of State is satisfied that there have been changes in technology and that it is appropriate to make these Regulations to take account of those changes.
The regulations draw authority from the 2023 Retained EU Law Act, specifically citing technological changes as justification for updates.
The Secretary of State acts as the national authority in implementing these changes, demonstrating the post-Brexit shift in regulatory powers.
Article 3 (definitions) is amended as follows... 'official certificate' means a paper, electronic or digital document signed by the certifying officer and providing assurance concerning compliance with one or more of the requirements laid down in the rules referred to in Article 1
Updates the definition of official certificates to explicitly include electronic and digital formats alongside traditional paper documents.
Modernizes documentation requirements to reflect current technology while maintaining the core requirement for official certification of compliance.
Article 37 (designation of official laboratories) for paragraph 1 substitute... Competent authorities may designate official plant health officers, where the requirements of paragraphs 1A and 1B are met, to carry out the analyses, tests and diagnoses on samples taken during official controls and other official activities in Great Britain.
Expands authority to allow plant health officers to conduct certain tests previously limited to laboratories.
Officers must meet specific qualifications and operate under strict conditions, including regular audits and impartial performance requirements.
Article 48 (animals and goods exempted from official controls, other official activities and related requirements)... The appropriate authority may make regulations establishing the cases where, and the conditions under which, categories of animals and goods, including those listed in paragraph 2, may be exempted from any of the requirements of this Regulation
Grants broader powers to exempt certain categories of imports from standard controls.
Creates framework for risk-based approaches and trusted trader schemes, while maintaining authority to impose specific conditions on exemptions.