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Draft Regulations laid before the Scottish Parliament under section 51(3) of the Animal Health and Welfare (Scotland) Act 2006 for approval by resolution of the Scottish Parliament.
DRAFT SCOTTISH STATUTORY INSTRUMENTS
2007 No.
ANIMALS
PREVENTION OF HARM
The Prohibited Procedures (Exemptions) (Scotland) Regulations 2007
Made - - - - 2007
Coming into force - - 2007
The Scottish Ministers, in exercise of the powers conferred by section 20(5)(b) and (c) of the Animal Health and Welfare (Scotland) Act 2006 (a) and of all other powers enabling them in that behalf, after consultation in accordance with section 20(6) of that Act, hereby make the following Regulations, a draft of which has, in accordance with section 51(3) of that Act, been laid before and approved by resolution of the Scottish Parliament:
Citation and commencement
1. These Regulations may be cited as the Prohibited Procedures (Exemptions) (Scotland) Regulations 2007 and shall come into force on the day after the day on which they are made.
Interpretation
2. In these Regulations-
"agricultural land" means land used for agriculture (within the meaning of the Agriculture (Scotland) Act 1948 (b) which is so used for the purposes of a trade or business;
"bovine animal" means any animal of Genus Bos, Bison or Bubalus;
"disbudding" means the removal of the horn bud;
"dock" means the amputation of one or more coccygeal vertebrae of the tail of an animal;
"domestic fowl" means a domesticated member of the species Gallus gallus;
"dubbing" means the removal of all or part of the comb of a bird;
"equine animal" means any animal of Genus Equus including hybrids;
"exempted procedure" means a procedure which is specified in Schedules 1 to 12 in relation to the particular type of protected animal on which the procedure is performed;
"farmed deer" means deer of any species which are kept on agricultural land enclosed by a deer-proof barrier;
"farmed pig" means a pig kept, fattened or bred for the production of food;
"farmed sheep" means a sheep kept, fattened or bred for the production of food or wool;
"laying hen" means a hen of the species Gallus gallus which is kept or to be kept for the production of eggs not intended for hatching;
"pinioning" means the disabling of the wing of a bird by the removal of the metacarpal bone and phalanges of one wing of that bird;
"poultry" means any bird reared or kept in captivity for the production of meat or eggs for consumption, or of other products, for restocking supplies of game or for the purpose of any breeding programme for the production of such categories of birds;
"specified condition" means a condition specified in Schedules 1 to 12 in relation to the performance of the exempted procedure on that type of animal;
"specified purpose" means a purpose specified in Schedules 1 to 12 for which an exempted procedure may be performed on that type of animal; and
"veterinary surgeon" means any person who is qualified to carry out acts of veterinary surgery as defined by the Veterinary Surgeons Act 1966 (c).
Exempted procedures
3. Section 20 of the Animal Health and Welfare (Scotland) Act 2006 does not apply where-
(a) the procedure is an exempted procedure carried out for a specified purpose;
(b) any specified condition is complied with; and
(c) the procedure is carried out in accordance with good practice.
Revocations
4. The instruments specified in column 1 of Schedule 13 to these Regulations are revoked to the extent set out in the corresponding entry in column 3 of that Schedule.
A member of the Scottish Executive
St Andrew's House,
Edinburgh
2007
SCHEDULE 1 regulation 2
Bovine animals
Procedure | Purpose | Condition |
|---|
Freeze branding | Identification | |
Tattooing | Identification | |
Ear tagging | Identification | |
Ear notching | Identification | |
Micro chipping | Identification | |
Any other method of identification required by law | Identification | |
Vasectomy | Controlling reproduction or general animal management | |
Castration | Controlling reproduction or general animal management | |
Spaying | Controlling reproduction or general animal management | |
Embryo transfer | Controlling reproduction or general animal management | |
Nose ringing | Handler safety or herd welfare | |
Dehorning | Handler safety or herd welfare | |
Disbudding | Handler safety or herd welfare | |
Supernumerary teat removal | Animal health | |
SCHEDULE 2 regulation 2
Pigs
Procedure | Purpose | Condition |
|---|
Tattooing | Identification | |
Ear tagging | Identification | |
Ear notching | Identification | |
Micro chipping | Identification | |
Any other method of identification required by law | Identification | |
Vasectomy | Controlling reproduction or general animal management | |
Spaying | Controlling reproduction or general animal management | |
Castration | Controlling reproduction or general animal management | May only be performed by means which do not involve the tearing of tissues. Where the person performing the procedure is not a veterinary surgeon that person must be trained in accordance with the Welfare of Farmed Animals (Scotland) Regulations 2000 (d). |
Embryo transfer | Controlling reproduction or general animal management | |
Tusk trimming | Handler safety or herd welfare | Where the person performing the procedure is not a veterinary surgeon that person must be trained in accordance with the Welfare of Farmed Animals (Scotland) Regulations 2000. |
Docking | Handler safety or herd welfare | May only be performed where:- (a) the pig is a farmed pig kept on agricultural land;
(b) there is evidence of injury to sows' teats or to the ears or tails of other pigs;
(c) other measures to improve environmental conditions or management systems have been taken in order to prevent tail biting; and
(d) the procedure is performed by the quick and complete severance of the part of the tail to be removed. Where the person performing the procedure is not a veterinary surgeon that person must be trained in accordance with the Welfare of Farmed Animals (Scotland) Regulations 2000. |
Uniform reduction of the corner teeth | Herd welfare | May only be performed where:- (a) the pig is a farmed pig kept on agricultural land;
(b) the pig is less than eight days old;
(c) there is evidence of injury to sows' teats or to the ears or tails of other pigs;
(d) other measures to improve environmental conditions or management systems have been taken in order to prevent tail biting; and
(e) the reduction is performed by grinding or clipping leaving an intact smooth surface. Where the person performing the procedure is not a veterinary surgeon that person must be trained in accordance with the Welfare of Farmed Animals (Scotland) Regulations 2000. |
Nose ringing | General animal management | May only be performed on a pig which is not intended to be kept continuously in an indoor husbandry system. Where the person performing the procedure is not a veterinary surgeon that person must be trained in accordance with the Welfare of Farmed Animals (Scotland) Regulations 2000. |
SCHEDULE 3 regulation 2
Birds
Procedure | Purpose | Condition |
|---|
Micro chipping | Identification | |
Any other method of identification required by law | Identification | |
Beak trimming of poultry | Flock welfare | May only be performed - (a) if carried out as a single procedure, provided no more than a one third part of both the upper and lower beaks, measured from the tip towards the entrance to the nostrils, is removed; or
(b) provided no more than a one third part of the upper beak only, measured as above, is removed.
In either case any subsequent haemorrhage from the beak must be arrested by cauterization. Beak trimming may only be performed where a veterinary surgeon considers the beak trimming to be necessary to prevent feather pecking or cannibalism and measures to improve the environmental conditions have been taken. Beak trimming of laying hens may only be performed on birds aged 10 days or less kept in flocks of 350 or more birds. Beak trimming of laying hens may only be performed until 31 st December 2010. |
De-snooding of turkeys | General animal management | |
Cutting of the toes of poultry | General animal management | |
Dubbing of domestic fowls | General animal management | |
Pinioning of any bird other than poultry | General animal management | |
SCHEDULE 4 regulation 2
Sheep
Procedure | Purpose | Condition |
|---|
Tattooing | Identification | |
Ear tagging | Identification | |
Ear notching | Identification | |
Micro chipping | Identification | |
Any other method of identification required by law | Identification | |
Vasectomy | Controlling reproduction or general animal management | |
Castration | Controlling reproduction or general animal management | |
Spaying | Controlling reproduction or general animal management | |
Embryo transfer | Controlling reproduction or general animal management | |
Dehorning | Handler safety or flock welfare | |
Disbudding | Handler safety or flock welfare | |
Docking | Animal health | May only be performed where- (a) the sheep is a farmed sheep kept on agricultural land; and
(b) sufficient tail is retained to cover the vulva in the case of female sheep and the anus in the case of male sheep. |
SCHEDULE 5 regulation 2
Goats
Procedure | Purpose | Condition |
|---|
Tattooing | Identification | |
Ear tagging | Identification | |
Ear notching | Identification | |
Micro chipping | Identification | |
Any other method of identification required by law | Identification | |
Vasectomy | Controlling reproduction or for general animal management | |
Castration | Controlling reproduction or for general animal management | |
Spaying | Controlling reproduction or for general animal management | |
Embryo transfer | Controlling reproduction or for general animal management | |
Dehorning | Handler safety or herd welfare | |
Disbudding | Handler safety or herd welfare | |
SCHEDULE 6 regulation 2
Equine Animals
Procedure | Purpose | Condition |
|---|
Freeze branding | Identification | |
Hot branding | Identification | |
Tattooing | Identification | |
Micro chipping | Identification | |
Any other method of identification required by law | Identification | |
Vasectomy | Controlling reproduction or general animal management | |
Castration | Controlling reproduction or general animal management | |
Spaying | Controlling reproduction or general animal management | |
Embryo transfer | Controlling reproduction or general animal management | |
SCHEDULE 7 regulation 2
Deer
Procedure | Purpose | Condition |
|---|
Tattooing | Identification | |
Ear tagging | Identification | |
Ear notching | Identification | |
Micro chipping | Identification | |
Any other method required by law | Identification | |
Vasectomy | Controlling reproduction or general animal management | |
Castration | Controlling reproduction or general animal management | |
Spaying | Controlling reproduction or general animal management | |
Embryo transfer | Controlling reproduction or general animal management | |
Antler removal | Handler safety or herd welfare | May only be performed where- (a) the deer is a farmed deer; and
(b) the velvet is frayed and the greater part of it shed. |
SCHEDULE 8 regulation 2
Feral cats
Procedure | Purpose | Condition |
|---|
Ear tipping | Identification | |
Insertion of subcutaneous tracking device | Identification | |
Micro chipping | Identification | |
Tattooing | Identification | |
Any other method of identification required by law | Identification | |
Vasectomy | Controlling reproduction or general animal management | |
Castration | Controlling reproduction or general animal management | |
Spaying | Controlling reproduction or general animal management | |
SCHEDULE 9 regulation 2
Dogs
Procedure | Purpose | Condition |
|---|
Insertion of subcutaneous tracking device | Identification | |
Micro chipping | Identification | |
Tattooing | Identification | |
Any other method of identification required by law | Identification | |
Vasectomy | Controlling reproduction or general animal management | |
Castration | Controlling reproduction or general animal management | |
Spaying | Controlling reproduction or general animal management | |
Embryo transfer | Controlling reproduction or general animal management | |
Amputation of dew claws | General animal management | |
SCHEDULE 10 regulation 2
Fish
Procedure | Purpose | Condition |
|---|
Chemical branding | Identification | |
Freeze branding | Identification | |
Insertion of subcutaneous tracking device | Identification | |
Pit tagging | Identification | |
Micro chipping | Identification | |
Removal or perforation of parts of the fins, adipose fins or fin rays | Identification | |
Any other method of identification required by law | Identification | |
Removal of fish scales | Age determination or stock management | |
SCHEDULE 11 regulation 2
Reptiles
Procedure | Purpose | Condition |
|---|
Micro chipping | Identification | |
Laparoscopy | General animal management | |
SCHEDULE 12 regulation 2
Any other kind of animal
Procedure | Purpose | Condition |
|---|
Insertion of subcutaneous tracking device | Identification | |
Micro chipping | Identification | |
Tattooing | Identification | |
Any other method of identification required by law | Identification | |
Vasectomy | Controlling reproduction | |
Castration | Controlling reproduction | |
Spaying | Controlling reproduction | |
Embryo transfer | Controlling reproduction | |
SCHEDULE 13 regulation 4
Column 1
Legislation revoked | Column 2
References | Column 3
Extent of revocations |
|---|
The Docking of Pigs (Use of Anaesthetics) Order 1974 | S.I. 1974/798 | The whole Order. |
The Welfare of Livestock (Prohibited Operations) Regulations 1982 | S.I. 1982/1884 amended by S.I. 1987/114 | The whole Regulations. |
The Welfare of Livestock (Prohibited Operations) (Amendment) Regulations 1987 | S.I. 1987/114 | The whole Regulations. |
The Welfare of Farmed Animals (Scotland) Regulations 2000 | S.S.I. 2000/442 amended by SSI 2002/334 and 2003/448 | Schedule 3D paragraphs 8 and 9. Schedule 6, Part II, paragraphs 19 - 26. |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers under section 20(5) of the Animal Health and Welfare (Scotland) Act 2006 ("the Act") which enables the Scottish Ministers to specify procedures to which section 20 of the Act shall not apply.
Section 20(1) and (2) of the Act make it an offence to carry out, cause to be carried out, permit to be carried out or fail to take reasonable steps to prevent, a prohibited procedure on an animal. Section 20(3) makes it an offence to take or cause to be taken an animal from a place in Scotland for the purposes of having a prohibited procedure carried out on that animal. A prohibited procedure is a procedure which involves the interference with the sensitive tissues or bone structure of an animal. Section 20(5) provides that such procedures may be carried out for the purpose of medical treatment of an animal.
These Regulations specify procedures to which section 20 will not apply provided they are carried for a purpose specified in the Regulations, in accordance with any specified conditions and in accordance with good practice.
Schedules 1 to 12 lists, by type of animals, the procedures exempted, the purposes for which those procedures may be carried out and any applicable conditions.
Schedule 13 lists the instruments which are revoked by these Regulations
The restrictions on the performance of acts of veterinary surgery set out in the Veterinary Surgeons Act 1966 and related provisions are unaffected by these Regulations.
The provisions on the performance of operations on animals without the use of anaesthetics in the Protection of Animals (Anaesthetics) Act 1954 (c.46), the Protection of Animals (Anaesthetics) Act 1964 (c.39) and related instruments are unaffected by these Regulations.
These Regulations come into force on the day after the day on which they are made.
A Regulatory Impact Assessment of the effect which this instrument will have on the costs of business has been prepared and placed in the Scottish Parliament reference centre. Copies of the Regulatory Impact Assessment are available from the offices of the Scottish Executive Environment and Rural Affairs Department at Pentland House, 47 Robb's Loan, Edinburgh, EH14 1TY.
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