Scottish Statutory Instrument 2002 No. 39

      The Sheep and Goats Identification (Scotland) Amendment Regulations 2002


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SCOTTISH STATUTORY INSTRUMENTS


2002 No. 39

ANIMALS

ANIMAL HEALTH

The Sheep and Goats Identification (Scotland) Amendment Regulations 2002

  Made 4th February 2002 
  Laid before the Scottish Parliament 5th February 2002 
  Coming into force on 18th February 2002 

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Sheep and Goats Identification (Scotland) Amendment Regulations 2002 and shall come into force on 18th February 2002.

Amendment to the Sheep and Goats Identification (Scotland) Regulations 2000
    
2.  - (1) The Sheep and Goats Identification (Scotland) Regulations 2000[2] are amended in accordance with the following paragraphs of this regulation.

    (2) In regulation 2 (interpretation)-

    (a) after the definition of "flockmark", there is inserted-

           " "the foot-and-mouth disease Controlled Area measures introduced in 2001" means any condition of a movement licence issued before 18th February 2002 under or by virtue of the Foot-and-Mouth Disease Order 1983[3] (as varied in relation to Scotland by article 4 of the Foot-and-Mouth Disease Declaratory (Controlled Area) (Scotland) Order 2001(d)) or a requirement of those Orders;".

    (3) In regulation 4 (records concerning sheep)-

    (a) after paragraph (2)(c)(iv), there is inserted-

      " (v) the mark applied under regulations 7, 7A, 8 or 15 below or in accordance with the foot-and-mouth disease Controlled Area measures introduced in 2001, provided that any tagging is in accordance with the conditions or requirements of those measures;";

    (b) after paragraph (2), there is inserted-

        " (2A) Where a keeper moves a sheep-

      (a) within one of the categories exempt from the requirement to apply a movement tag in article 3(2) of the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002[4];

      (b) from a show; or

      (c) is a ram moved for breeding purposes for the purposes of article 4(f) of the Disease Control (Interim Measures) (Scotland) Order 2002[5],

    that mark, or number shown on the mark, shall be the mark, or number shown on a mark recorded for the purposes of paragraph (2)(c) above.".

    (4) In regulation 6 (records concerning goats)-

    (a) after paragraph (2)(c)(iv), there is inserted-

      " (v) the mark applied under regulations 7, 7A, 8 or 15 below, or in accordance with the foot-and-mouth disease Controlled Area measures introduced in 2001 provided that any tagging is in accordance with the conditions or requirements of those measures;";

    (b) after paragraph (2), there is inserted-

        " (2A) Where a keeper moves a goat-

      (a) within one of the categories exempt from the requirement to apply a movement tag in article 3(2) of the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002;

      (b) from a show; or

      (c) is a billy goat moved for breeding purposes for the purposes of article 4(f) of the Disease Control (Interim Measures) (Scotland) Order 2002,

    that mark, or number shown on the mark, shall be the mark, or number shown on a mark recorded for the purposes of paragraph (2)(c) above.".

    (5) After regulation 6, there is inserted-

    (6) In regulation 7 (marking sheep and goats born in Scotland)-

    (7) After regulation 7, there is inserted-

    (8) For regulation 8(1)(a) and (b) (marking sheep and goats brought into Scotland from outside the European Union), there is substituted-

    (9) In regulation 12 (marking requirements for the movement of sheep and goats to a destination within Great Britain)-

    (10) In regulation 13 (documentation required for movement of sheep and goats to a destination within Great Britain)-

    (11) In regulation 15 (removal and replacement of eartags and tattoos)-

    (12) At the end of regulation 16, there is inserted "or the Sheep and Goats Movement (Interim Measures) Order 2002".


ROSS FINNIE
A member of the Scottish Executive

St. Andrew's House, Edinburgh
5th February 2002



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Sheep and Goats Identification (Scotland) Regulations 2000 ("the principal Regulations").

They amend the marking requirements in the principal Regulations in relation to sheep and goats born on holdings in Scotland, sheep and goats moved from holdings in Scotland, sheep and goats imported to holdings in Scotland and subsequently moved, and where tags applied in accordance with such markings are replaced, to require that an individual number is inserted into the mark so applied. They add a new S-mark for unmarked movement from holdings in Scotland (regulation 2(7)), however such a mark is not to be applied where a mark has been applied for the purposes of foot-and-mouth disease tagging.

They amend the records requirements in relation to sheep and goats to provide that the details including the individual numbers may be recorded by keepers of sheep or goats, and must be recorded in certain circumstances (regulation 2(3) and (4)).

The regulations permitting temporary marks, and documentation requirements, are amended accordingly.

The notification of movements of sheep and goats to the Scottish Ministers is required by the occupier of the holding of destination and the operator of an abattoir under certain circumstances within 3 days of the arrival of those sheep and goats (regulation 2(5)).

The Regulations remove the exemption from the documentation requirements in regulation 13 of the principal Regulations for movements between holdings occupied by the same persons where those holdings are not contiguous, and adds tattooing to those exemptions (regulation 2(10)).

They restrict the circumstances where a sheep or goat mark may be replaced (regulation 2(11)).

These Regulations may be read with the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002, and tagging as required by that Order is permitted (regulation 2(12)).

The provisions of these Regulations are in accordance with Council Directive 92/102/EEC.

A Regulatory Impact Assessment has not been prepared for these Regulations.


Notes:

[1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] S.S.I. 2000/418.back

[3] S.I. 1983/1950, as amended by S.I. 1993/3119, S.I. 1995/2922 and further amended, as regards Scotland, by S.S.I. 2001/52, 55, 101 and 390.(d) S.S.I. 2001/111, as amended by S.S.I. 2001/131, 146, 150, 159, 170, 181, 187, 204, 246, 290 and 481.back

[4] S.S.I. 2002/38.back

[5] S.S.I. 2002/34.back



ISBN 0 11059997 7


 


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Prepared 22 February 2002