The Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006

Interpretation

2.—(1) In these Regulations–

“Annex” means the Annex to the Council Regulation;

“baseline F eartag” means an eartag applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations, bearing the individual identification code described in regulation 8(3)(a) to (d);

“baseline S eartag” means an eartag applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations, bearing the individual identification code described in regulation 7(1)(b)(i) to (iii);

“baseline UK eartag” means an eartag applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations, bearing the individual identification code described in regulation 6(3)(a) to (c);

“the Council Directive” means Council Directive 92/102/EEC of 27th November 1992 on the identification and registration of animals(1) as amended by the Council Regulation;

“the Council Regulation” means Council Regulation (EC) No. 21/2004 of 17th December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003 and Directives 92/102/EEC and 64/432/EEC(2);

“CPH”, in the forms in Schedules 1 and 2, means the number assigned to a holding by the Scottish Ministers for the purpose of identifying its geographical location;

“flockmark” means the number allocated by the Scottish Ministers to a holding on which sheep are kept;

“herdmark” means the number allocated by the Scottish Ministers to a holding on which goats are kept;

“holding of import” means the holding to which animals imported from a third country are first moved for the purposes of livestock farming;

“identification code” means the alpha numeric code applied or to be applied to a means of identification in accordance with the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales, Northern Ireland or another member State, previous United Kingdom Orders or Regulations or any provision giving effect to Council Directive 92/102/EEC in another member State;

“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Scottish Ministers or a local authority;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(3);

“movement eartag” means an eartag applied under these Regulations, previous United Kingdom Orders or Regulations, bearing the identification code described in regulation 10(1)(b)(i) and (ii);

“movement document” means the movement document required by Article 6 of the Council Regulation;

“previous Scottish Orders or Regulations” means–

(a)

the Sheep and Goats Identification (Scotland) Regulations 2000(4);

(b)

the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002(5);

“previous United Kingdom Orders or Regulations” means–

(a)

the Sheep and Goats Identification (Scotland) Regulations 2000;

(b)

the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002;

(c)

the Sheep and Goats Identification (England) Order 2000(6);

(d)

the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002(7);

(e)

the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002(8);

(f)

the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 2002(9);

(g)

the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002(10);

(h)

the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No. 2) Order 2002(11);

(i)

the Identification and Movement of Sheep and Goats Order (Northern Ireland) 1997(12);

(j)

the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004(13);

“R eartag” means a red eartag applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations, bearing the individual identification code described in regulation 13(2)(c)(i) to (iv);

“R tattoo” means a tattoo bearing the individual identification code described in regulation 14(3)(b)(i) to (iii);

“register” means the register required to be kept by Article 5 of the Council Regulation;

“slaughterhouse” means an establishment approved as a slaughterhouse in accordance with Article 3 of Regulation (EC) No. 854/2004(14);

“temporary grazing” means a holding on to which a keeper moves an animal for a limited period of time for the purpose of feeding or pasture;

“unique number” means a number allocated by the Scottish Ministers which is unique to an animal in a flock or herd and contains 6 digits; and

“X eartag” means an eartag applied under the Council Regulation, these Regulations, any provision giving effect to the Council Regulation in England, Wales or Northern Ireland or previous United Kingdom Orders or Regulations, bearing the individual identification code described in regulation 9(2)(b)(i) to (iv).

(2) Expressions in these Regulations which appear in the Council Regulation have the same meaning in these Regulations as they have for the purposes of the Council Regulation.

(3) Any reference in these Regulations to anything done in writing or produced in written form, other than under regulation 23, includes a reference to an electronic communication which has been recorded and may subsequently be used for reference, as defined in the Electronic Communications Act 2000(15).

(1)

O.J. No. L 355, 5.12.1992, p.32.

(2)

O.J. No. L 5, 9.1.2004, p.8.

(3)

1994 c. 39.

(4)

S.S.I. 2000/418, amended by S.S.I. 2002/39 and 2002/531.

(5)

S.S.I. 2002/38, amended by S.S.I. 2002/221.

(6)

S.I. 2000/2027, amended by S.I. 2001/281, revoked by S.I. 2002/240.

(7)

S.I. 2002/240, amended by S.I. 2002/764 and 2002/1349, revoked by S.I. 2002/2153.

(8)

S.I. 2002/2153, amended by S.I. 2003/29, 2003/502 and 2003/1728, revoked by S.I. 2005/3100.

(9)

S.I. 2002/274 (W..30), amended by S.I. 2002/811 (W..91), revoked by S.I. 2002/1354 (W.131).

(10)

S.I. 2002/1357 (W.133), revoked by S.I. 2002/2302 (W.227).

(11)

S.I. 2002/2302 (W.227), amended by S.I. 2003/167 (W.27), 2003/946 (W.127) and 2003/1966 (W.221).

(12)

S.R. (NI) 1997/173, revoked by S.R. (NI) 2004/491.

(13)

S.R. (NI) 2004/ 491, revoked by S.R. (NI) 2005/535.

(14)

O.J. No. L 139, 30.4.04, p.206. The revised text of the Regulation is contained in a corrigendum (O.J. No. L 226. 25.6.04, p.83).

(15)

2000 c. 7.