4.—(1) Subject to sub paragraph (3), any person who fails to comply with the prohibition on movement in the third indent of Article 4(2) of Regulation (EC) No. 1760/2000 is guilty of an offence.
(2) Subject to sub paragraph (3), any person who moves from a holding an animal not bearing a means of identification that should have been applied in accordance with previous cattle tagging legislation is guilty of an offence.
(3) An officer of the Scottish Ministers or an inspector may issue a licence allowing an animal not bearing a means of identification applied in accordance with these Regulations or previous cattle tagging legislation to be moved from a holding to a specified holding.