Regulation 3

SCHEDULE 6 GOATS: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES

When carried out on a goat, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.

1. Castration

When the method used is the application of a rubber ring or other device to constrict the flow of blood to the scrotum, the procedure may only be carried out on an animal aged not more than 7 days.

When any other method is used, an anaesthetic must be administered where the animal is aged 2 months or over.

2. Implantation of a subcutaneous contraceptive

The procedure may not be carried out on a farmed animal.

The procedure may only be carried out as part of a conservation breeding programme.

3. Vasectomy

An anaesthetic must be administered.

4. Dehorning

An anaesthetic must be administered.

Regulation 3

SCHEDULE 7 HORSES: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES

When carried out on a horse, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.

1. Castration

An anaesthetic must be administered.

2. Vasectomy

An anaesthetic must be administered.

Regulation 3

SCHEDULE 8 DEER: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES

When carried out on a deer, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.

1. Castration

An anaesthetic must be administered.

2. Implantation of a subcutaneous contraceptive

The procedure may not be carried out on farmed deer.

The procedure may only be carried out as part of a conservation breeding programme.

3. Vasectomy

An anaesthetic must be administered.

4. Removal of antlers that are not in velvet

The procedure may only be carried out on farmed deer or deer that are kept on land in the same manner as if they were farmed deer.

Only the non-sensitive part of the antler may be removed.

Regulation 3

SCHEDULE 9 OTHER SPECIES: REQUIREMENTS WHEN CARRYING OUT CERTAIN PERMITTED PROCEDURES

When carried out on an animal other than one dealt with in any of Schedules 2 to 8, a procedure listed below must be carried out in accordance with the condition or conditions specified for that procedure.

1. Ear tipping of feral cats

An anaesthetic must be administered.

2. Castration

An anaesthetic must be administered.

3. Embryo collection or transfer by a surgical method

The procedure may only be carried out as part of a conservation breeding programme.

An anaesthetic must be administered.

4. Implantation of a subcutaneous contraceptive

The procedure may not be carried out on a farmed animal.

The procedure may only be carried out as part of a conservation breeding programme.

5. Ovum transplantation, including ovum collection, by a surgical method

The procedure may only be carried out as part of a conservation breeding programme.

An anaesthetic must be administered.

6. Spaying

An anaesthetic must be administered.

7. Vasectomy

An anaesthetic must be administered.

8. Laparoscopy

Where the animal on which the procedure is to be performed is not a reptile, the procedure may only be carried out as part of a conservation breeding programme.

In either case, an anaesthetic must be administered.

9. Removal of the dew claws of dogs

An anaesthetic must be administered except where the dog is a puppy whose eyes have not yet opened.

10. Removal of fish scales

The procedure may only be carried out for the purposes of age determination.

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 5 (1) and (2) of the Animal Welfare Act 2006 (c.45) makes it an offence to carry out, or to cause or, in specified circumstances, permit another person to carry out, a prohibited procedure on a protected animal. A prohibited procedure is one which involves interference with the sensitive tissues or bone structure of the animal, otherwise than for the purpose of its medical treatment (see section 5(3) of the Act).

These Regulations specify the procedures to which the offences in section 5(1) and 5(2) do not apply. Depending upon the animals to which they are to be applied, such procedures may include those for the purposes of identification (such as ear tagging), those for the control of reproduction (such as castration and vasectomy) and those for other purposes (such as laparoscopy) (Schedule 1). For certain of these procedures, and again depending upon the animals in respect of which they are permitted, Schedules 2 to 9 apply restrictions to the carrying out of the procedure (such as specifying a required age for the animal, or requiring the administration of an anaesthetic).

In respect of certain procedures permitted to be applied to pigs, these Regulations implement paragraph 8 of Chapter I of the Annex to Council Directive 91/630/EEC laying down minimum standards for the protection of pigs (OJ No. L340, 11.12.1991, p.33), as amended by Council Directive 2001/88/EC (OJ No. L316, 1.12.2001, p.1), Commission Directive 2001/93/EC (OJ No. L316, 1.12.2001, p.36) and Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p.1). In respect of the beak trimming of laying hens, these Regulations implement paragraph 8 of the Annex to Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens (OJ No. L203, 3.8.1999, p.53), as amended by Council Regulation (EC) No. 806/2003 (OJ No. L122, 16.5.2003, p.1).

A regulatory impact assessment has been prepared and placed in the library of each House of Parliament; copies can be obtained from the Animal Welfare Division, Department for Environment, Food and Rural Affairs, 1A Page Street, London SW1P 4PQ.