The Sheep and Goats Identification and Movement (Interim Measures) (Wales) (Amendment) Order 2002

Welsh Statutory Instruments

2002 No. 811 (W.91)

ANIMALS, WALES

ANIMAL HEALTH

The Sheep and Goats Identification and Movement (Interim Measures) (Wales) (Amendment) Order 2002

Made

21st March 2002 at 13.45 pm

Coming into force

21st March 2002 at 2.00 pm

The National Assembly for Wales, being designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by section 2(2), makes the following Order:

Title, application and commencement

1.—(1) This Order is called the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (Amendment) Order 2002 and applies to Wales only.

(2) This Order comes into force on 21st March 2002 at 2.00 pm.

Interpretation

2.  In this Order “the principal Order” means the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002(3).

Amendment of article 2

3.—(1) Article 2(1) of the principal Order is amended in accordance with the provisions of this article.

(2) The words “unless the context otherwise requires” are deleted.

(3) Before the definition of “collecting centre” there is inserted the following—

““assembly centre” means an assembly centre approved by the National Assembly for Wales in accordance with regulation 12(2) of the Animals and Animal Products (Import and Export) (England and Wales) Regulation 2000(4);”

(4) In the definition of “collecting centre” after “for the trading of animals” there is inserted “and not including an assembly centre”.

(5) After the definition of “sole occupancy group” there is inserted the following—

““temporary grazing land” means land to which sheep are moved for a temporary period for the purpose of being fed or pastured but which is not part of the holding where the sheep are usually kept:”

Amendment of article 4

4.—(1) Article 4 of the principal Order is amended in accordance with the provisions of this article.

(2) In article 4(1) for “other than a” there is substituted “other than an assembly centre,”.

(3) In article 4(2)(f) the word “and” is deleted.

(4) After article 4(2)(f) there is inserted the following—

“(ff) In the case of a sheep being moved to an assembly centre, the individual identification number (if more than one, the latest individual identification number applied); and”.

(5) After article 4(5) there is inserted the following—

“(5A) When a keeper marks a sheep with an X Mark, he or she shall within 36 hours—

(a) where the X Mark is applied at an assembly centre, cross-reference the X Mark and the individual identification number applied at the same time as the X Mark, with the Mark which has been recorded under paragraph (2)(c) and with the individual identification number recorded under paragraph (2) (ff);

(b) where the X Mark is applied at a holding other than an assembly centre, cross-reference the X Mark and the individual identification number applied at the same time as the X Mark, with the Mark recorded under paragraph(2)(c).”.

Amendment of article 5

5.—(1) Article 5 of the principal Order is amended in accordance with the provisions of this article.

(2) In article 5(1) for “other than a” there is substituted “other than an assembly centre,”.

(3) In article 5(2)(f) the word “and” is deleted.

(4) After article 5(2)(f) there is inserted the following—

“(ff) In the case of a goat being moved to an assembly centre, the individual identification number (if more than one, the latest individual identification number applied); and”

(5) After article 5(5) there is inserted the following—

“(5A) When a keeper marks a goat with an X Mark, he or she shall within 36 hours—

(a) where the X Mark is applied at an assembly centre, cross-reference the X Mark and the individual identification number applied at the same time as the X Mark, with the Mark which has been recorded under paragraph (2)(c) and with the individual identification number recorded under paragraph (2) (ff);

(b) where the X Mark is applied at a holding other than an assembly centre, cross-reference the X Mark and the individual identification number applied at the same time as the X Mark with the Mark recorded under paragraph(2)(c).”.

Amendment of article 6

6.—(1) Article 6 is of the principal Order amended in accordance with the provisions of this article.

(2) For article 6(10) there is substituted the following—

“(10) A number shall not fail to be an “individual identification number” by reason only that it is not applied to the same eartag as the Origin Mark, S Mark, F Mark, R Mark or X Mark where—

(a) the number was applied in part of the British Islands outside Wales under legislation in force in that part; or

(b) the number was applied in Wales before the relevant date.”.

(3) In article 6(11) the word “either” is deleted and after “sale for slaughter” there is added “or returns to the holding from temporary grazing land”.

Amendment of article 9

7.—(1) Article 9 of the principal Order is amended in accordance with the provisions of this article.

(2) In article 9(2)(i) the word “or” is deleted.

(3) After article 9(2)(j) there is inserted the following—

“or

(k) a sheep is marked with a temporary mark and is returning from temporary grazing land to the holding on which it was kept immediately prior to being moved to the temporary grazing land.”.

(4) After article 9(3) there is inserted the following—

“(3A) (a) A person shall not move an animal to an assembly centre unless the animal is marked in accordance with one or more of the following sub-paragraphs:

(i) with an Origin Mark and with an individual identification number;

(ii) with an S Mark and with an individual identification number;

(iii) with an F Mark and with an individual identification number;

(iv) with a mark applied under the Sheep and Goats (Identification) (Wales) Regulations 2000(5) and with an individual identification number.

(b) Paragraph (1) shall not apply in respect of an animal which is being moved in accordance with sub-paragraph (a).”

(5) For article 9(4)(a) there is substituted the following—

“(4) (a) A person shall not move an animal to premises outside Great Britain unless it is marked in accordance with one or more of the following sub-paragraphs—

(i) with an Origin Mark which includes the letters “UK” and with an individual identification number;

(ii) with an F Mark which includes the letters “UK” and with an individual identification number; or

(iii) with an X Mark and with an individual identification number that was applied at the same time as the X Mark.”

Amendment of article 12

8.—(1) Article 12 of the principal Order is amended in accordance with the provisions of this article.

(2) In article 12(1)(c) the word “and” is deleted.

(3) After article 12(1)(d) there is inserted

“and

(e) the individual identification number in respect of an animal which is being moved to an assembly centre.”

(4) In article 12(2)(c)(iii) and in article 12(3)(c) the word “or” is deleted.

(5) After article 12(2)(c)(iv) there is inserted the following—

“or”

(v) returning from temporary grazing land to the holding on which it was kept immediately prior to being moved to the temporary grazing land”.

(6) After article 12(3)(d) there is inserted the following—

“or”

(e) to premises outside Great Britain.”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(6)

Dafydd Elis-Thomas

The Presiding Officer of the National Assembly

21 March 2002 at 13.45

Explanatory Note

(This note is not part of the Order)

This Order applies only to Wales. It amends the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002 (S.I. 2002/274 (W.30) (the principal Order), which for a temporary period until 30th November 2002 imposes requirements relating to the identification, registration and movement of sheep and goats.

Article 3 of this Order concerns the definitions of “assembly centre”, “collecting centre” and “temporary grazing land”.

Articles 4 and 5 of the principal Order are amended, primarily by requiring an X mark to be cross-referenced in the records kept of sheep or goats.

Article 6 of the principal Order is amended to allow a number applied to a sheep or goat before 11 February 2002 to qualify as “an individual identification number” despite not being applied to the same eartag as a mark.

Article 9 of the principal Order is amended to allow sheep to return from temporary grazing land when marked with a temporary mark and to impose marking requirements for sheep and goats being moved to an assembly centre or being exported.

Article 12 of the principal Order is amended to require consequential additional entries on the movement document and to exempt animals which are being exported from the need to be accompanied by a movement document.

A Regulatory Appraisal has not been prepared in relation to this Order.

(1)

By virtue of the European Communities (Designation) (No.3) Order 1999 (S.I. 1999/2788).

(2)

1972 c. 68.

(3)

S.I. 2002/274 (W.30).

(4)

S.I. 2000/1673; relevant amendment is the Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (Wales) Regulations 2002 (S.I. 2002/430 (W.52)).

(5)

S.I. 2000/2335 (W.152).

(6)

1998 c. 38.