1. These Regulations—
(a)may be cited as the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012;
(b)come into force on 1st January 2013; and
(c)extend to Scotland only.
2.—(1) In these Regulations—
“the 1967 Act” means the Slaughter of Poultry Act 1967(1);
“the 1980 Act” means the Slaughter of Animals (Scotland) Act 1980(2);
“the 1995 Regulations” means the Welfare of Animals (Slaughter or Killing) Regulations 1995(3);
“adverse weather condition” means any weather condition, including direct sunlight, which has an adverse effect on the welfare of an animal;
“applicant” means a person who applies for a certificate or a temporary certificate;
“authorised person” means a person who is authorised by an enforcement authority (whether or not an officer of that authority) to act on its behalf in matters of its enforcement function under regulation 18;
“certificate” (except in the terms “qualification certificate” and “temporary certificate”) means a certificate of competence as mentioned in Article 21 and includes a qualification recognised by the competent authority as equivalent to a certificate in accordance with Article 21(7);
“competent authority” has the meaning given in regulation 3;
“enforcement authority” means an authority that enforces the EU Regulation and these Regulations under regulation 18;
“EU Regulation” means Council Regulation (EC) No 1099/2009 on the protection of animals at the time of killing(4);
“qualification certificate” means—
a certificate granted by a body recognised and regulated by the Scottish Qualifications Authority which oversees the training and assessment of persons carrying out the killing of animals and related operations confirming the passing of an independent examination as provided for in Article 21; or
a licence granted by the Rabbinical Commission for the purpose of slaughtering animals in accordance with the Jewish method (Schechita) and confirming the passing of an independent examination as provided for in Article 21;
“Rabbinical Commission” means the body responsible for licensing persons carrying out the slaughter of animals in accordance with the Jewish method (Schochetim);
“stunning pen” means a pen or compartment which is suitable for confining a bovine animal for the purpose of stunning and is constructed so as to—
permit one animal at a time to be confined in it without discomfort;
prevent any substantial movement forwards, backwards or sideways of an animal confined in it;
subject to paragraph 3.2 of Annex II, restrict the movement of the head of an animal confined in it without causing the animal any avoidable excitement so as to permit accurate stunning and allow the head of the animal to be released immediately after the animal has been stunned; and
allow unimpeded access to the forehead of the animal confined in it; and
“temporary certificate” means a temporary certificate of competence as mentioned in Article 21(5).
(2) Expressions used in these Regulations that are also used in the EU Regulation have the same meaning in these Regulations as they have in the EU Regulation, unless specified otherwise.
(3) A reference in these Regulations to a numbered Article, Chapter or Annex is a reference to the Article, Chapter or Annex of that number in the EU Regulation.
(4) Any reference in these Regulations to an Annex of the EU Regulation is a reference to that Annex as amended from time to time.
3.—(1) The Food Standards Agency is the competent authority for the purposes of—
(a)Part 2 (certificates of competence);
(b)in relation to the slaughtering of animals in a slaughterhouse—
(i)receiving documents or records in accordance with Articles 6(4), 9(1) and 17(5);
(ii)receiving and assessing information in accordance with Article 14(2); and
(iii)taking action in the event of non-compliance with the EU Regulation in accordance with Article 22(1).
(2) Otherwise, the Scottish Ministers are the competent authority for the purposes of the EU Regulation and these Regulations.
(3) The Scottish Ministers may act as the competent authority in relation to the revocation of certificates and temporary certificates under Part 2.
4.—(1) No person may carry out an operation referred to in regulation 5 except under and to the extent authorised by—
(a)a certificate; or
(b)a temporary certificate.
(2) No person may carry out an operation specified in regulation 5 under a temporary certificate unless that person works in the presence and under the direct supervision of a person who holds a certificate in relation to that operation.
5.—(1) The operations referred to in regulation 4 are—
(a)a slaughter operation specified in Article 7(2)(a) to (g) for which a certificate is required by the EU Regulation;
(b)supervising the killing of fur animals under Article 7(3); or
(c)an operation specified in paragraph (2) for which a certificate is not required by the EU Regulation.
(2) The operations referred to in paragraph (1)(c) are—
(a)subject to regulation 6, a slaughter operation specified in Article 7(2)(a) to (f) which is carried out other than in a slaughterhouse and for the purposes specified in Article 10 (private domestic consumption) by a person other than the owner of the animal;
(b)subject to regulation 6, a slaughter operation specified in Article 7(2)(a) to (f) which is carried out other than in a slaughterhouse for the purposes specified in Article 11 (direct supply of small quantities of poultry, rabbits and hares);
(c)subject to regulation 6, any of the following operations carried out in relation to the killing of an animal other than for human consumption—
(i)the restraint of an animal for the purpose of stunning;
(ii)the stunning of an animal;
(iii)the assessment of effectiveness of stunning of an animal;
(iv)the shackling or hoisting of an animal (other than a bird) while alive; or
(v)the bleeding of an animal;
(d)subject to regulation 6, the pithing of a stunned animal; or
(e)subject to regulation 6, the assessment of effectiveness of pithing of an animal.
6.—(1) Regulation 5(2)(a) and (b) does not require a certificate or temporary certificate for an operation specified there if the operation is carried out in relation to the killing of an animal other than for human consumption in the following circumstances—
(a)killing in the field by means of a free bullet; or
(b)killing of a bird by means of cervical dislocation or decapitation on premises forming part of an agricultural holding on which the bird was reared.
(2) Regulation 5(2)(c) to (e) does not require a certificate or temporary certificate for an operation specified there if the operation is carried out in relation to the killing of an animal other than for human consumption in the following circumstances—
(a)emergency killing of an animal;
(b)killing surplus chicks or embryos in hatchery waste;
(c)killing in the field by means of a free bullet;
(d)killing a bird by means of cervical dislocation or decapitation on premises forming part of an agricultural holding on which the bird was reared;
(e)killing for the purpose of depopulation;
(f)subject to regulation 5(1)(b), the killing of fur animals;
(g)killing by a veterinary surgeon acting in the exercise of that person’s profession or by a person acting under the direction of a veterinary surgeon so acting; or
(h)killing an animal in circumstances which are outwith the scope of the EU Regulation by virtue of Article 1(3).
7. The competent authority must grant a certificate if—
(a)the applicant meets the conditions in regulation 8; and
(b)the competent authority is satisfied the applicant is a fit and proper person to hold a certificate.
8. The applicant must—
(a)either—
(i)submit a qualification certificate in respect of the operation, category of animal and, where appropriate, type of equipment for which a certificate is sought; or
(ii)demonstrate to the satisfaction of the competent authority that the applicant has relevant professional experience of at least 3 years;
(b)submit a written declaration in accordance with Article 21(6);
(c)provide written details if the applicant has—
(i)been convicted of an offence concerning the welfare of animals;
(ii)been refused a licence under the 1967 Act, the 1980 Act, any regulations made under those Acts or the 1995 Regulations in relation to the slaughter or killing of an animal or a related operation; or
(iii)had any such licence revoked or suspended; and
(d)pay any fee which may be charged by the competent authority in accordance with regulation 15.
9. The competent authority must grant a temporary certificate if—
(a)the applicant meets the conditions in regulation 10; and
(b)the competent authority is satisfied the applicant is a fit and proper person to hold a temporary certificate.
10. The applicant must—
(a)submit evidence to confirm the applicant is registered on a training course in respect of the operation, category of animal and, where appropriate, type of equipment for which a temporary certificate is sought;
(b)submit a written declaration in accordance with Article 21(5)(d) and (6);
(c)provide written details if the applicant has—
(i)been convicted of an offence concerning the welfare of animals;
(ii)been refused a licence under the 1967 Act, the 1980 Act, any regulations made under those Acts or the 1995 Regulations in relation to the slaughter or killing of an animal or a related operation; or
(iii)had any such licence revoked or suspended; and
(d)pay any fee which may be charged by the competent authority in accordance with regulation 15.
11.—(1) A certificate or temporary certificate must specify the operation, category of animal and (where appropriate) type of equipment in respect of which it is granted.
(2) A certificate or temporary certificate may be granted subject to an expiry date.
(3) A certificate may be granted in respect of an operation, category of animal or type of equipment only if the qualification certificate submitted with the application for the certificate relates to that operation, category or type.
(4) A temporary certificate may be granted in respect of an operation, category of animal or type of equipment only if the training course on which the applicant is registered provides training in relation to that operation, category or type.
12.—(1) The competent authority must, by notice in writing, refuse to grant a certificate or temporary certificate if satisfied that the applicant—
(a)has failed to meet any of the conditions in regulation 8 or 10, as the case may be; or
(b)is not a fit and proper person to hold a certificate or temporary certificate.
(2) The notice must—
(a)give reasons for the refusal; and
(b)give details of the right of appeal against the decision.
13.—(1) Where paragraph (2) applies, the competent authority may, by notice in writing, suspend or revoke—
(a)a certificate or a temporary certificate; or
(b)a document issued elsewhere in the United Kingdom, or in another member state, which corresponds to a certificate or a temporary certificate.
(2) This paragraph applies where the competent authority is satisfied that the holder—
(a)has failed to comply with any provision of the EU Regulation or these Regulations;
(b)is no longer a fit and proper person to hold a certificate, temporary certificate or document referred to in paragraph (1)(b);
(c)is no longer, competent to carry out the operations which the certificate, temporary certificate or document authorises; or
(d)has been convicted of an offence concerning the welfare of animals.
(3) The notice must—
(a)give reasons for the suspension or revocation;
(b)state the date from which the suspension has effect; and
(c)give details of the right of appeal against the decision.
(4) A person whose certificate, temporary certificate or document referred to in paragraph (1) is suspended or revoked must surrender it to the competent authority within 14 days of receiving the notice of suspension or revocation.
(5) Paragraph (4) applies whether or not the suspension or revocation is appealed under regulation 25.
14.—(1) Upon request by the holder of a certificate, the competent authority must modify a certificate in respect of an operation, category of animal or, where appropriate, type of equipment, provided—
(a)the holder meets the conditions in regulation 8 in respect of the modification; and
(b)the competent authority is satisfied that the holder is a fit and proper person to hold the certificate as modified.
(2) The competent authority must, by notice in writing, refuse to modify a certificate if satisfied that the holder—
(a)has failed to meet any of the conditions in regulation 8 in respect of those modifications; or
(b)is not a fit or proper person to hold the certificate as modified.
(3) The notice must—
(a)give reasons for the refusal; and
(b)give details of the right of appeal against the decision.
15. The competent authority may charge an applicant for, or a holder of, a certificate or temporary certificate such reasonable fees as it may determine in respect of—
(a)the assessment of the competence of any person who applies for a certificate or temporary certificate;
(b)the assessment of the competence of any person who applies for a modification of a certificate; and
(c)the issue of a certificate or temporary certificate.
16.—(1) Schedule 1 makes requirements additional to those in the EU Regulation.
(2) It applies to—
(a)slaughterhouses; and
(b)the killing of poultry, rabbits or hares for direct supply.
17.—(1) This regulation applies where the competent authority grants a derogation in relation to a depopulation operation under Article 18(3).
(2) The competent authority must publish a notice, which—
(a)must be in writing;
(b)may be general or specific;
(c)may be subject to conditions;
(d)must be published in such manner as the competent authority thinks fit; and
(e)may at any time be amended, suspended or revoked in writing.
18.—(1) Subject to paragraph (2), the EU Regulation and these Regulations are enforced by the Scottish Ministers.
(2) At a slaughterhouse, the EU Regulation and these Regulations are enforced by the Food Standards Agency.
19.—(1) An authorised person may, on producing a duly authenticated authorisation if requested, enter any premises (excluding any premises used only as a dwellinghouse) at any reasonable hour for the purpose of enforcing these Regulations.
(2) In this regulation “premises” means any land, building, shed, pen, receptacle or vehicle, of any description.
(3) The authorised person may be accompanied by such other persons as the authorised person considers necessary, including any representative of the European Commission.
(4) Admission to any premises used only as a dwellinghouse may not be demanded as of right unless the entry is in accordance with a warrant granted under this regulation.
(5) If a sheriff, stipendiary magistrate or justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purpose of enforcing these Regulations and that—
(a)admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or
(b)an application for admission, or the giving of such notice, would defeat the object of the entry;
(c)the case is one of urgency; or
(d)the premises are unoccupied or the occupier temporarily absent,
the sheriff, stipendiary magistrate or justice may by signed warrant authorise an authorised person, together with any person who may accompany the authorised person under paragraph (3), to enter the premises, if need be by reasonable force.
(6) A warrant granted under this regulation continues in force for one month.
(7) An authorised person who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.
20.—(1) An authorised person who has entered premises for the purposes of enforcing the EU Regulation or these Regulations may for those purposes—
(a)carry out any examination, investigation or test;
(b)make any enquiries, observe any operation or process or take recordings or photographs;
(c)inspect and search the premises;
(d)take samples from any animal, carcase or part of a carcase and send them for laboratory testing;
(e)seize and detain any carcase or part of a carcase for further examining, investigating or testing;
(f)seize and detain any equipment or instrument for further examining, investigating or testing;
(g)have access to, and inspect and check the data on, and operation of, any computer or any associated equipment;
(h)seize any computer and associated equipment for the purpose of copying data (but only if the authorised person has a reasonable suspicion that an offence under these Regulations has been committed and provided that they are returned as soon as possible);
(i)require the production of any document or record and inspect and take a copy of, or extract from, such document or record; and
(j)require any person to provide such assistance, information, facilities or equipment as is reasonable.
(2) An authorised person must—
(a)as soon as is reasonably practicable, provide to the person appearing to be responsible for any items that the authorised person seizes under paragraph (1) a written receipt identifying the items; and
(b)as soon as is reasonably practicable after deciding that those items are no longer required, return them (apart from those to be used as evidence in court proceedings).
(3) Where an authorised person has seized items under paragraph (1) for use in evidence in court proceedings and—
(a)it is subsequently decided that no proceedings are to be brought or that those items are no longer needed as evidence in the proceedings; or
(b)the proceedings are completed and no order in relation to those items has been made by the court,
the authorised person must return the items as soon as is reasonably practicable.
21.—(1) An authorised person who is of the opinion that a person has contravened or is contravening a provision of the EU Regulation or these Regulations may serve an enforcement notice on that person—
(a)requiring the person to take specified steps to remedy the contravention of the EU Regulation or these Regulations;
(b)requiring the person to reduce the rate of operation to such extent as is specified in the notice until the person has taken specified steps to remedy the contravention of the EU Regulation or these Regulations; or
(c)prohibiting the person from carrying on an activity, process or operation, or using facilities or equipment, specified in the notice until the person has taken specified steps to remedy the contravention of the EU Regulation or these Regulations.
(2) An enforcement notice must—
(a)state that the authorised person is of that opinion;
(b)state the date and time of service of the notice;
(c)identify the recipient of the notice;
(d)specify the matters constituting the contravention;
(e)specify the steps that must be taken to remedy the contravention;
(f)specify the period within which those steps must be taken; and
(g)give details of the right of appeal against the notice.
(3) A person on whom an enforcement notice is served must comply with it at the person’s own expense.
(4) An authorised person must serve a completion notice if, after service of an enforcement notice, the authorised person is satisfied that the person has taken the steps specified in the notice to remedy the contravention.
(5) An enforcement notice ceases to have effect on the issue of a completion notice.
(6) An authorised person may at any time withdraw or vary an enforcement notice in writing.
22.—(1) A person commits an offence if the person contravenes any of the following provisions—
(a)regulation 4(1) or (2) (requirement for certificate or temporary certificate);
(b)Schedule 1 (additional requirements);
(c)a provision of the EU Regulation specified in Schedule 2 (provision of the EU Regulation), except where it is not necessary to comply with the provision by virtue of—
(i)an exemption or transitional provision specified in the EU Regulation; or
(ii)a derogation granted by a competent authority under Article 18(3) in relation to a depopulation operation; or
(d)until 8th December 2019, Schedule 3 (transitional provisions) to the extent that it applies by virtue of regulation 27.
(2) A person commits an offence if the person fails to comply with an enforcement notice served under regulation 21.
(3) A person commits an offence if the person—
(a)intentionally obstructs a person acting in execution of the EU Regulation or these Regulations;
(b)without reasonable cause, fails to give such a person any assistance or information which that person reasonably requires;
(c)provides to such a person information knowing it to be false or misleading; or
(d)fails to produce a document or record to such a person when required to do so.
(4) A person commits an offence if the person provides information or makes a declaration, knowing it to be false or misleading, in order to obtain a certificate.
23.—(1) Where—
(a)an offence under regulation 22 has been committed by a body corporate or a Scottish partnership or other unincorporated association; and
(b)it is proved that the offence was committed with the consent or connivance of or was attributable to any neglect on the part of—
(i)a relevant individual; or
(ii)an individual purporting to act on behalf of a relevant individual,
the individual as well as the body corporate, Scottish partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.
(2) In paragraph (1) “relevant individual” means—
(a)in relation to a body corporate—
(i)a director, manager, secretary or other similar officer of the body; or
(ii)where the affairs of the body are managed by its members, a member;
(b)in relation to a Scottish partnership, a partner; and
(c)in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.
24.—(1) A person guilty of an offence under regulation 22(1)(b), (c) or (d) is liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months, or both.
(2) A person guilty of an offence under regulation 22(1)(a), (2), (3) or (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
25.—(1) A person who is aggrieved by—
(a)a decision of the competent authority to refuse, suspend or revoke a certificate or a temporary certificate or to refuse to modify a certificate; or
(b)a decision of an authorised person to serve an enforcement notice under regulation 21,
may appeal to the sheriff against the decision or the notice.
(2) The competent authority may be a party to an appeal under this regulation.
(3) An appeal under this regulation—
(a)may be on any issue of fact or law;
(b)is to be made by way of summary application; and
(c)must be lodged with the sheriff clerk within the period of 28 days from the day on which the decision was made.
(4) On good cause being shown the sheriff may hear an appeal under this regulation which was not lodged within the period referred to in paragraph (3)(c).
(5) Unless the sheriff orders otherwise, the decision appealed against is not suspended pending the determination of the appeal.
(6) In considering an appeal under this regulation, the sheriff may hear evidence by or on behalf of any party to the appeal.
(7) On an appeal under this regulation the sheriff may—
(a)reduce the decision;
(b)uphold the decision (with or without modification); or
(c)remit the matter, or any aspect of it, to the competent authority for further consideration.
(8) On remitting a matter under paragraph (7)(c), the sheriff may—
(a)specify a date by which the competent authority must, having reconsidered the matter, make another decision; and
(b)modify any procedural steps which otherwise would be required in relation to the matter by or under these Regulations.
(9) The sheriff may include in a decision on an appeal under this regulation such order as to the expenses of the appeal as the sheriff considers appropriate.
(10) The decision of the sheriff on an appeal under this regulation is final.
26.—(1) Any notice required or authorised to be served under these Regulations to any person may be given by—
(a)delivering it to the person;
(b)leaving it at the person’s proper address; or
(c)sending it by post to the person at that address.
(2) Any such notice which is to be served on a body corporate or an unincorporated association other than a partnership must be served on an officer of the body corporate or unincorporated association.
(3) Any such notice which is to be served on a partnership (including a Scottish partnership) must be served on a partner or a person having the control or management of the partnership business.
(4) For the purposes of this regulation and section 7 of the Interpretation Act 1978(5) in its application to this regulation, the proper address of any person on whom a notice is to be served is—
(a)in the case of a body corporate, the address of the registered or principal office of the body corporate;
(b)in the case of an unincorporated association (other than a partnership), the address of the principal office of the unincorporated association;
(c)in the case of a partnership (including a Scottish partnership), the address of the registered or principal office of the partnership; and
(d)in any other case, the last known address of the person in question.
(5) If a person on whom a notice is to be served under these Regulations has specified an address for service of such a notice, that address is also to be treated, for the purposes of this regulation and section 7 of the Interpretation Act 1978 in its application to this regulation, as that person’s proper address.
(6) If the name or address of any occupier of premises on whom a notice is to be served under these Regulations cannot, after reasonable inquiry, be ascertained, the notice may be served by leaving it conspicuously affixed to a building or object on the premises.
(7) In this regulation—
(a)“body corporate” does not include a partnership; and
(b)references to serving include references to similar expressions (such as giving or sending).
27.—(1) Paragraph (2) applies in relation to a slaughterhouse in operation immediately before 1st January 2013, but does not apply in relation to—
(a)any new layout or construction of such a slaughterhouse (or associated lairage) brought into operation after that date; or
(b)any new equipment used in such a slaughterhouse and brought into operation after that date.
(2) In relation to a slaughterhouse to which this paragraph applies, until 8th December 2019—
(a)Article 14(1) and Annex II do not apply; and
(b)Schedule 3 applies.
28. The consequential amendments in Schedule 4 have effect.
29. The repeals and revocations in Schedule 5 have effect.
30.—(1) Part II (requirements applicable to slaughterhouses and knackers’ yards) of, and Schedules 2, 3, 4, 5, 6, 7 and 8 to, the 1995 Regulations cease to have effect in relation to slaughterhouses (within the meaning of regulation 2(1) of the 1995 Regulations).
(2) The 1995 Regulations are amended as follows—
(a)revoke regulation 4 (humane treatment of animals);
(b)revoke regulation 6(1)(d) (animal welfare legislation and codes);
(c)revoke regulation 22 (exemption for slaughter by a religious method);
(d)revoke Schedule 1 (the licensing of slaughtermen);
(e)in Schedule 2, revoke paragraph 1(a) (general requirements for all slaughterhouses and knackers’ yards);
(f)in Schedule 4, revoke paragraph 4 (restraint of animals before stunning, slaughter or killing);
(g)in Schedule 9, in paragraph 2(d) (permitted methods of slaughtering or killing animals for the purpose of disease control) omit “rabbits and”; and
(h)in Schedule 12, revoke paragraph 8 (prohibition against slaughter by a religious method elsewhere than in a slaughterhouse).
(3) Notwithstanding paragraphs (1) and (2), a registered licence required by, or granted in accordance with, paragraph 5 of Schedule 1 to the 1995 Regulations which is still in force immediately before 1st January 2013 continues in existence for the purpose of recognition as a qualification equivalent to a certificate in accordance with Article 21(7).
RICHARD LOCHHEAD
A member of the Scottish Government
St Andrew’s House,
Edinburgh
22nd November 2012