PART 2 Movement and cattle passports etc.

Movement off a holding

14.—(1) The keeper of any animal that is to be moved off a holding shall–

(a) enter the date of movement in and sign any cattle passport issued for that animal; and

(b) pass its identification document (except a notice of registration) to any person transporting the animal from the holding.

(2) Failure to comply with this paragraph is an offence.

Transporting animals

15.—(1) No person shall knowingly transport an animal that is not accompanied by its identification document.

(2) Failure to comply with this paragraph is an offence.

Movement on to a holding

16.—(1) Any person transporting an animal shall pass its identification document (except a notice of registration) to the keeper at the holding to which the animal is delivered.

(2) The keeper taking possession of any animal that is accompanied by a cattle passport shall within 36 hours of the arrival of the animal on the holding–

(a) enter in the cattle passport–

(i) the date of movement on to the holding;

(ii) the holding number; and

(iii) the name and address of that keeper; and

(b) sign the cattle passport.

(3) Any animal to which sub-paragraph (2) applies shall not be moved off the holding until the requirements of that sub-paragraph have been complied with.

(4) Failure to comply with this paragraph is an offence.

Animals from outside Great Britain

17.—(1) If any animal arrives in Scotland from outside Great Britain it may be moved from its point of entry into Scotland to the holding at which its arrival must be notified to the Scottish Ministers in accordance with paragraph 1 of Schedule 2 if it is accompanied by–

(a) a cattle passport issued for that animal under Regulation (EC) No. 820/1997 or Regulation (EC) No. 1760/2000 in another member State, the Channel Islands, the Isle of Man or Northern Ireland; or

(b) a movement document.

(2) The keeper at the holding referred to in sub-paragraph (1) shall within 36 hours of the arrival of the animal on the holding–

(a) enter in the cattle passport–

(i) the date of movement on to the holding;

(ii) the holding number; and

(iii) the name and address of that keeper; and

(b) sign the cattle passport.

(3) Any animal to which this paragraph applies shall not be moved off the holding until the requirements of sub-paragraph (2) have been complied with.

(4) Failure to comply with this paragraph is an offence.

Export to third countries

18.—(1) In accordance with Article 6(5) of Regulation (EC) No. 1760/2000, the keeper of any animal that is exported to a third country shall send the cattle passport for that animal to the Scottish Ministers within 7 days of the departure of the animal from Scotland.

(2) Failure to comply with this paragraph is an offence.

Markets

19.—(1) The operator of a market shall not allow an animal to enter the market unless it is accompanied by–

(a) an identification document;

(b) a cattle passport issued for that animal under Regulation (EC) No. 820/1997 or Regulation (EC) No. 1760/2000 in another member State, the Channel Islands, the Isle of Man or Northern Ireland; or

(c) a movement document.

(2) Failure to comply with this paragraph is an offence.

Animals with notices of registration

20.—(1) No person shall move an animal for which a notice of registration has been issued from a holding except under the authority of a licence.

(2) Failure to comply with this paragraph is an offence.

Licences

21.  An officer of the Scottish Ministers or an inspector may issue a licence allowing an animal to be moved without an identification document if the officer or inspector is satisfied that it is necessary to move the animal.

Regulation 8

SCHEDULE 4 Records

Records

1.—(1) In accordance with the first indent of Article 7(1) and Article 7(4) of Regulation (EC) No. 1760/2000, a keeper of animals shall keep a register.

(2) The register shall contain–

(i) the information required under Article 8 of Commission Regulation (EC) No. 911/2004;

(ii) the identification code of the dam; and

(iii) in the case of embryo transfer, the identification code of the surrogate dam and, if known, the genetic dam.

(3) In the case of an animal born before 1st April 1995 that is not identified by means of an ear tag with an identification code, the register shall also contain a description of any means of identification applied under previous cattle tagging legislation.

(4) The keeper shall complete the register at the following times–

(a) in the case of the movement of an animal on to or off a holding, within 36 hours of the movement;

(b) in the case of the birth of a dairy animal, within 7 days of the birth;

(c) in the case of the birth of an animal other than a dairy animal, within 30 days of the birth;

(d) in the case of the death of an animal, within 7 days of the death; and

(e) in the case of an ear tag being replaced with an ear tag with a different identification code, within 36 hours of the replacement ear tag being applied.

(5) Failure to comply with this paragraph is an offence.

Provision of information

2.  Any person who fails to comply with a request for information in accordance with Article 7(3) of Regulation (EC) No. 1760/2000 is guilty of an offence.

Retention of records

3.—(1) For the purposes of Article 7(4) of Regulation (EC) No. 1760/2000 the period determined by the Scottish Ministers for which a register must be available is–

(a) 10 years in the case of a farm; and

(b) 3 years in any other case.

(2) That period shall be calculated from the end of the calendar year in which the last entry was made in the register.

(3) Any record made under the Bovine Animals (Records, Identification and Movement) Order 1995(18) shall be available for the times set out in sub paragraphs (1) and (2).

(4) Failure to comply with this paragraph is an offence.