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6.—(1) A recognised organisation must not divide the main section of its stud book except into different classes according to the horses' merits.
(2) Where the main section of a stud book has been divided, a recognised organisation must enter a horse from another stud book, upon application, into the class of the stud book whose criteria it meets.
7.—(1) A recognised organisation must enter a horse in the main section of its stud book if that horse–
(a) is descended from parents entered in the main section of a stud book of the same breed;
(b) has a pedigree established in accordance with the rules of that stud book; and
(c) is identified as foal at foot in accordance with the rules of that stud book, which rules must at least include a requirement for a covering certificate.
(2) Where a horse is eligible for entry in a supplementary section of a stud book in accordance with the criteria set out in regulation 8, a recognised organisation must allow the progeny of that horse to be entered in the main section of its stud book.
8. Where a horse does not satisfy the criteria set out in regulation 7(1), a recognised organisation may enter that horse in a supplementary section of its stud book if that horse–
(a) has been identified in accordance with the rules of its stud book;
(b) is judged by the recognised organisation to conform to the breed standard; and
(c) meets the requirements for minimum performance set out in the rules of its stud book.
9.—(1) Where a horse entered in a stud book in another member State is entered by a recognised organisation in its stud book following import from that State–
(a) the horse must, subject to paragraph (2), be entered under the same name as that in the first stud book; and
(b) the entry in the second stud book must be accompanied with an indication, in accordance with international agreements, of the initials of the country of foaling of the horse.
(2) The name of the animal as entered in the first stud book may be entered into the second stud book preceded or followed by another name provided that the original name is, at a minimum, retained in brackets as part of the entry in the second stud book.
10. Where a horse does not satisfy the criteria set out in regulation 7(1), a recognised organisation may enter that horse in the main section of its stud book for the purpose of it taking part in a cross–breeding programme which–
(a) has been approved by that organisation in accordance with the rules of its stud book; and
(b) specifies the breeds which are allowed to take part in that programme.
11. The Horses (Zootechnical Standards) Regulations 1992(6) are revoked.
RICHARD LOCHHEAD
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
6th March 2008
Regulation 3
1. An organisation or association which maintains or establishes a stud book must be incorporated as a legal person.
2.—(1) An organisation or association which maintains or establishes a stud book of the origin of a breed, must have established–
(a) a system for recording pedigrees and the ability to carry out the checks necessary for recording pedigrees;
(b) a system for identifying horses;
(c) a definition of the characteristics of the breed covered by the stud book;
(d) a definition of its basic objectives of selection; and
(e) lineages entered in one or more other stud books, where necessary.
(2) An organisation or association which maintains or establishes a stud book, but does not maintain the stud book of the origin of the breed, must comply with the principles established under sub–paragraph (1) by the organisation or association which maintains the stud book of the origin of the breed.
(3) Any organisation or association which maintains or establishes a stud book must satisfy the Scottish Ministers that it operates efficiently.
3. An organisation or association which maintains or establishes a stud book must–
(a) have registered a sufficient number of horses to carry out an improvement or selection programme or to preserve the breed where this is considered necessary;
(b) be able to provide the data necessary to carry out an improvement, selection or preservation programme; and
(c) have established a system for providing data whereby horses can be evaluated for the purpose of improvement, selection and breed preservation.
4.—(1) Subject to sub–paragraph (2), an organisation or association which maintains or establishes a stud book must have rules of procedure which provide for non-discriminatory treatment of breeders.
(2) Where several organisations or associations already exist within the territory of the Community in respect of a particular breed, the rules of procedure of an organisation or association may provide that horses must be born in a given territory in order to qualify for entry in its stud book for birth declaration purposes.
(3) The qualification in sub–paragraph (2) does not apply where entry in the stud book is for reproduction purposes.
(This note is not part of the Regulations)
These Regulations revoke and replace for Scotland the Horses (Zootechnical Standards) Regulations 1992 (S.I. 1992/3045).
They partially implement Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae (O.J. No. L 244, 18.08.1990, p.55), and implement Commission Decision 92/353/EEC (O.J. No. L 192, 11.07.1992, p.63), Commission Decision 92/354/EEC (O.J. No. L 192, 11.07.1992, p.66), and Commission Decision 96/78/EC (O.J. No. L 19, 25.01.1996, p.39).
The Regulations specify the criteria which an organisation or association must satisfy in order to become recognised by the Scottish Ministers for the purpose of maintaining a stud book (regulation 3(1) and the Schedule to these Regulations). Any organisation or association which satisfies these criteria must be granted official recognition (regulation 3(2)).
Regulation 4 sets out the circumstances in which the Scottish Ministers must and may refuse to grant recognition to, or withdraw recognition from, an organisation or association. Any such refusal or withdrawal must be communicated to the organisation in writing.
Regulation 5 allows a person to apply for a review of a decision to refuse or withdraw recognition under regulation 4.
Regulation 6 permits a recognised organisation to divide the main section of its stud book into different classes according to the horses' merits and requires that a horse registered in another stud book is registered in the appropriate class, upon application (regulation 6).
Regulation 7 specifies the circumstances in which a recognised organisation must enter a horse in the main section of its stud book.
Regulation 9 provides for the name of origin of an animal imported from another member State to be entered into a stud book maintained by a recognised organisation.
A recognised organisation is permitted to enter a horse in a supplementary section of its stud book where that horse meets certain minimum criteria (regulation 8); and to enter a horse in the main section of its stud book to take part in a cross-breeding programme (regulation 10).
A regulatory impact assessment has not been prepared for these Regulations.
The Horses (Zootechnical Standards) (Scotland) Regulations 2008