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Background
6. Procedures interfering with the sensitive tissues or bone structure of an animal are currently permitted in a wide range of animal species. Broadly, they can be classified as being undertaken for the following reasons:
- Control of reproduction - These include castration, ova transplantation by surgical methods, spaying and vasectomy. Apart from controlling the ability of an animal to reproduce, these procedures may also have a range of welfare benefits for the animals such as a reduction in cancers and infections.
- Identification - These include ear notching, clipping and tagging. Identification of some kinds of animal is an EC requirement. It may also be used for other identification procedures. Feral cats which have been caught so that they can be neutered, have their ears tipped to indicate that this procedure has been undertaken so that if re-caught no attempt is made to repeat the procedure.
- General Management - These include dehorning, disbudding, beak and tusk trimming as well as tail docking. These procedures serve a range of purposes. Tail docking of sheep is undertaken to avoid fly strike (maggot infestation) of tails that become soiled with faeces. This could otherwise be a serious health and welfare problem. The nose ringing of bulls, heifers and cows is performed to provide additional control of potentially dangerous animals and reduce risks to attendants.
7. These procedures are currently permitted under a range of Acts, Orders and Regulations. These relate to veterinary surgery, the protection of animals and animal welfare. Much of this legislation regulates procedures undertaken on farm livestock:
- Docking and Nicking of Horses Act 1949 (c.70)
- Protection of Animals (Anaesthetics) Act 1954 (c. 46),
- Veterinary Surgery (Exemptions) Order 1962 ( SI 1962 No. 2557)
- Protection of Animals (Anaesthetics) Act 1964 (c. 39)
- Veterinary Surgeons Act 1966 (c. 36)
- Veterinary Surgery (Exemptions) Order 1973 ( SI 1973 No. 308)
- Docking of Pigs (Use of Anaesthetics) Order 1974 ( SI 1974 No. 798)
- The Removal of Antler in Velvet (Anaesthetics) Order 1980 ( SI 1980 No. 685)
- The Protection of Animals (Anaesthetics) Act 1954 (Amendment) Order 1982 ( SI 1982 No. 1626)
- The Veterinary Surgery (Exemptions) (Amendment) Order 1982 ( SI 1982 No. 1627)
- The Welfare of Livestock (Prohibited Operations) Regulations 1982 ( SI 1982 No. 1884)
- The Welfare of Livestock (Prohibited Operations) (Amendment) Regulations 1987 ( SI 1987 No. 114).
- The Veterinary Surgeons Act 1966 (Schedule 3 Amendment) Order 1988 ( SI 1988 No. 526)
- The Welfare of Farmed Animals (Scotland) Regulations 2000 ( SSI 2000 No. 442).
- The Welfare of Farmed Animals (Scotland) (Amendment) Regulations 2002 ( SSI 2002 No. 334)
- The Welfare of Farmed Animals (Scotland) (Amendment) Regulations 2003 ( SSI 2003 No. 488)
- The Protection of Animals (Anaesthetics) (Scotland) Order 2003 ( SSI No. 476).
8. Each of the Acts, Orders and Regulations cover one or more aspects of a procedure. Many procedures are governed by a number of pieces of legislation. These determine the age of the animal which is subject to the procedure, the technique to be used and whether an anaesthetic needs to be administered when undertaking the procedure. Some also set specific criteria which the person undertaking the procedure must satisfy.
9. The Veterinary Surgeons Act 1966, stipulates that acts of veterinary surgery can only be undertaken by veterinary surgeons and provides for certain procedures to be undertaken by lay persons. The regulation of the profession of veterinary surgeons is reserved to Westminster. Who may undertake a procedure is therefore not affected by these proposed Regulations. People undertaking permitted procedures on animals must comply with the provisions of the Veterinary Surgeons Act. Where lay persons are currently permitted to perform procedures, if those procedures are permitted under these Regulations, they will still be able to be performed by lay persons.
10. The use of anaesthetics is regulated by the Protection of Animals (Anaesthetics) Acts and related enactments and we do not wish to repeal these. This means that all existing requirements as to the administration of anaesthetic which are currently provided for in existing legislation must be complied with.
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