Regulation 5
1. It is an offence to fail to register an animal in accordance with this Schedule.
2.—(1) An application to register an animal must be made to the Secretary of State.
(2) Registration is by means of an application for a passport.
(3) The application must be made—
(a) using the Secretary of State’s interactive website;
(b) using software approved by the Secretary of State; or
(c) in writing, using the application form provided by the Secretary of State,
and must provide all the required information.
3.—(1) When a calf is born its keeper must register it within 7 days from the date it is tagged (or, in the case of a dairy herd, from the date on which the second ear tag is applied to the animal).
(2) In the case of bison, the time limit for registration is 7 days from the birth of the calf, whether or not the animal has been tagged, and the application must state the tag number intended to be used for the animal.
4.—(1) If cattle are brought in from another member State, the Channel Islands, the Isle of Man or Northern Ireland, the keeper must, within 15 days of an animal arriving at the holding of destination—
(a) register it with the Secretary of State, and
(b) surrender its cattle passport (if any) to him.
(2) If cattle are brought in from a place specified in sub-paragraph (1) and the holding of destination is a market or a showground, the provisions of sub-paragraph (1) do not apply until the animal reaches a holding that is not a market or a showground.
(3) The requirement to register does not apply in relation to cattle at a slaughterhouse.
5.—(1) In the case of cattle imported from outside the European Union the keeper must register an animal within 15 days from the date that the animal must be tagged in accordance with the first paragraph of Article 4(3) of Regulation (EC) No. 1760/2000.
(2) The requirement to register does not apply in relation to cattle at a slaughterhouse.
Regulation 6
1.—(1) If the Secretary of State receives a fully completed and accurate application for the registration of an animal within the specified time limits, he must issue a cattle passport for that animal.
(2) He may issue one if he receives an application outside the specified time, but only if he is satisfied of the animal’s identity and that all the information in the application is accurate.
(3) The passport remains the property of the Secretary of State at all times.
2.—(1) A keeper must retain the cattle passport for each animal (unless it has been submitted to the Secretary of State) and produce it to an inspector on demand.
(2) Failure to comply with this paragraph is an offence.
3.—(1) If a cattle passport is lost, stolen or destroyed, the keeper of the animal to which it relates must notify the Secretary of State in writing within 14 days of becoming aware of the fact and apply for a replacement.
(2) The Secretary of State may only provide a replacement cattle passport if he is satisfied that he can accurately reconstruct the movements of the animal since birth or importation.
(3) If the Secretary of State does not provide a replacement, the animal to which it relates must not be moved off a holding except (under the authority of a licence granted by the Secretary of State) to a collection centre authorised as such under the Animal By-Products Regulations 2005(27).
(4) If a person who has obtained a replacement cattle passport subsequently finds the original cattle passport, he must notify the Secretary of State within 7 days and enclose with the notification the original cattle passport.
(5) Any person who fails to comply with any provision of this paragraph is guilty of an offence.
4.—(1) The Secretary of State may set a fee for a replacement cattle passport.
(2) The fee is the amount that the Secretary of State considers reasonable to enable him to meet his expenses in replacing the passport.
(3) He must publicise the fee on his website.
(4) The fee is payable with the application and is not refundable if the applicant withdraws the application or the Secretary of State is unable to obtain sufficient information to issue a replacement passport.
5.—(1) An officer of the Secretary of State or a local authority may serve a notice on a keeper requiring him to surrender a passport if—
(a) there is no animal on the holding for that passport;
(b) the passport does not correctly describe the animal to which it purports to relate, or the passport was issued for a different animal;
(c) the ear tag number in the passport is different from the ear tag number on the animal;
(d) the movement details on the passport are not the same as the movement details on the database kept by the Secretary of State in accordance with these Regulations or in the records kept by the keeper in accordance with these Regulations;
and any person who fails to comply with such a notice is guilty of an offence.
(2) The Secretary of State may not return a passport until he is satisfied that the passport accurately describes an animal in the possession of the keeper and that the movement entries in the passport are accurate.
6. If an animal with a cattle passport is lost or stolen, the keeper must send the cattle passport to the Secretary of State within 7 days of becoming aware of the fact, together with written details of what has occurred, and failure to do so is an offence.
7. It is an offence to alter or deface any information in a cattle passport.
8. It is an offence to use a cattle passport in relation to an animal other than the animal for which it was granted.
S. I. 2005/2347. Back [27]