1.—(1) These Regulations may be cited as the Bovine Semen (Scotland) Regulations 2007 and shall come into force on 13th July 2007.
(2) These Regulations extend to Scotland only.
2.—(1) In these Regulations–
“bovine” includes the species Bubalus bubalis and Bison bison;
“bovine semen centre” means any premises licensed under regulation 4;
“cattle identification regulations” means–
the Cattle Identification (Scotland) Regulations 2007(3) (in the case of bovine animals born in Scotland); and
Council Regulation 1760/2000 (in the case of bovine animals born outside Scotland);
“centre veterinarian” has the meaning given in regulation 5(b);
“Council Regulation 1760/2000” means Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products(4) and repealing Council Regulation (EC) No. 820/97(5), as amended from time to time;
“dam”, in the case of bovine animals derived from embryo transfer, means the recipient of the embryo;
“the Directive” means Council Directive 88/407/EEC laying down the animal health requirements applicable to intra Community trade in and imports of semen of domestic animals of the bovine species(6), as amended from time to time;
“Directive 64/432/EEC” means Council Directive 64/432/EEC on animal health problems affecting intra Community trade in bovine animals and swine(7), as amended from time to time;
“domestic collection centre” has the meaning given in regulation 4(b)(ii);
“domestic storage centre” has the meaning given in regulation 4(c)(ii);
“EC collection centre” has the meaning given in regulation 4(b)(i);
“EC quarantine centre” has the meaning given in regulation 4(a);
“EC storage centre” has the meaning given in regulation 4(c)(i);
“fresh semen” means semen which has not been frozen;
“inspector” means a person authorised in writing by the Scottish Ministers in accordance with section 10(4) of the Animal Health and Welfare Act 1984;
“processing” means one or more of–
diluting (except in the course of or immediately after semen collection);
adding any substance with the intention of prolonging the natural life of the semen (except in the course of or immediately after semen collection);
adding any antibiotic;
packing into straws or other appropriate receptacles; and
freezing;
“straw” means a receptacle used to contain a single dose of semen;
“teaser animal” means a bovine animal which is used as an aid in the collection of semen;
“unlicensed premises” are premises that do not have a licence under regulation 4; and
“veterinary surgeon” means a veterinary surgeon or veterinary practitioner registered under the Veterinary Surgeons Act 1966(8).
(2) Unless the context otherwise requires, any expressions used in these Regulations have the same meaning as in the Directive.
(3) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000(9), which has been recorded and is consequently capable of being reproduced.
3.—(1) These Regulations do not apply where–
(a) semen is collected for the purpose of the artificial insemination of a bovine animal with fresh semen;
(b) the bovine animal from which the semen is collected–
(i) is not, at the time of collection, affected by an order made under sections 6(c), 8, 17, 23, 25, 26 or 29 of the Animal Health Act 1981(10); or
(ii) is so affected, but the use of its semen is authorised by the Scottish Ministers; and
(c) the bovine animal that is inseminated–
(i) is in the same ownership and the same herd as the bovine animal from which the semen was collected; and
(ii) is kept on the same premises as that bovine animal.
(2) These Regulations do not apply where semen is collected for the purpose of–
(a) assessing the suitability of a bovine animal for use in breeding;
(b) diagnosing infection or disease in a bovine animal; or
(c) education or research,
provided the semen collected is not used for artificial insemination and is not the subject of intra Community trade.
(3) These Regulations do not apply to research authorised under the Animals (Scientific Procedures) Act 1986(11).
(4) These Regulations, in so far as they apply to semen intended for intra Community trade, do not apply to semen collected on or before 31st December 1989.
4. The Scottish Ministers may grant a licence for the following premises–
(a) if they comply with Part 1 of Schedule 1, as premises for the quarantine of bovine animals (an “EC quarantine centre”);
(b) if they comply with Part 2 of Schedule 1, either as–
(i) premises for the collection, processing and quarantine of semen intended for intra Community trade (an “EC collection centre”); or
(ii) premises for the collection, processing and quarantine of semen not intended for intra Community trade (a “domestic collection centre”); or
(c) if they comply with Part 3 of Schedule 1, either as–
(i) premises for the storage of semen intended for intra Community trade (an “EC storage centre”); or
(ii) premises for the storage of semen not intended for intra Community trade (a “domestic storage centre”).
5. An application for a licence to operate a bovine semen centre must–
(a) be made in writing to the Scottish Ministers;
(b) be signed by the applicant for the licence and by the veterinary surgeon who will have responsibility for veterinary supervision of the centre (“the centre veterinarian”);
(c) specify the premises for which an application is made; and
(d) specify the licence applied for.
6.—(1) A bovine semen centre licence granted under regulation 4 must specify–
(a) the address of the centre;
(b) the licence number of the centre;
(c) the licence holder;
(d) the centre veterinarian;
(e) the type of licence granted; and
(f) any conditions to which the licence is subject.
(2) A licence must be in writing and may be made subject to such conditions as are necessary to–
(a) ensure that the provisions of these Regulations are complied with;
(b) protect public or animal health.
7.—(1) The Scottish Ministers may approve a bovine animal for use in an EC collection centre, a domestic collection centre, or at unlicensed premises if it has tested negative for–
(a) the tests set out in Schedule 2, paragraph 2(1)(a) to (e), prior to its entry to an EC quarantine centre; and
(b) the tests set out in Schedule 2, paragraph 3(1)(a) to (d) and paragraph 4(1)(a), after its entry to an EC quarantine centre.
(2) The Scottish Ministers may approve a bovine animal despite a positive result to a serological test set out in Schedule 2, paragraph 2(1)(e)(ii) or paragraph 4(1)(b).
(3) The Scottish Ministers may also approve a bovine animal for use in a domestic collection centre or at unlicensed premises, if it has tested negative to the tests set out in Part 2 of Schedule 8, paragraphs 2(a) to (c).
8. Any application for approval of a bovine animal for the purpose of collecting its semen, or for use as a teaser animal, must be made to the Scottish Ministers by or on behalf of its owner and must–
(a) specify the name and breed of the bovine animal;
(b) specify the number by which it is identifiable in accordance with the cattle identification regulations; and
(c) be made in writing and signed by or on behalf of the owner of the animal.
9.—(1) An approval for a bovine animal must specify–
(a) the name and breed of the bovine animal;
(b) the number by which it is identifiable in accordance with the cattle identification regulations; and
(c) any conditions to which the approval is subject.
(2) An approval must be in writing and may be made subject to such conditions as are necessary to–
(a) ensure that the provisions of these Regulations are complied with; and
(b) protect public or animal health.
10.—(1) The Scottish Ministers may approve the use of a bovine animal for the collection of its semen or for use as a teaser animal at unlicensed premises for a maximum period of 3 months.
(2) The Scottish Ministers may renew an approval under paragraph (1) for subsequent periods of up to 3 months if–
(a) they receive the application for renewal of the approval in writing and signed by or on behalf the owner, at least 28 days before the date on which it is due to expire; and
(b) the tests referred to in Part 2 of Schedule 8, paragraph 2(a) to (c) have been conducted again, with negative results, on the bovine animal to which the approval relates, no more than 28 days before the date the approval is due to expire.
(3) If the results of any of the tests carried out on a bovine animal under paragraph 2(b) will not be available until after its approval is due to expire, the Scottish Ministers may grant a temporary approval.
(4) Where the Scottish Ministers grant a temporary approval under paragraph (3), no person may trade any semen which has been–
(a) collected from a bovine animal; or
(b) processed following such collection,
until negative results to the tests on the bovine animal or teaser animal used to collect such semen are confirmed.
S.S.I. 2007/174. Back [3]
O.J. No. L 204, 11.8.2000, p.1. Back [4]
O.J. No. L 117, 7.5.1997, p.1. Back [5]
O.J. No. L 194, 22.7.1988, p.10. Back [6]
O.J. No. P 121, 29.7.1964, p.1977. Back [7]
1966 c. 36. Back [8]
1981 c. 22. Section 17(4) was repealed by the Animal Health and Welfare Act 1984, section 16(2) and Schedule 2. Back [10]
1986 c. 14. Back [11]