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The Cattle Identification (Scotland) Amendment Regulations 2017

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Citation and commencement

1.  These Regulations may be cited as the Cattle Identification (Scotland) Amendment Regulations 2017 and come into force on 27th May 2017.

Amendment of the Cattle Identification (Scotland) Regulations 2007

2.  The Cattle Identification (Scotland) Regulations 2007(1) are amended in accordance with the following regulations.

Amendment of regulation 2

3.  In regulation 2 (interpretation)—

(a)in paragraph (1)—

(i)before the definition of “cattle passport”, insert—

“additional holding” means a holding other than a keeper’s principal holding which—

(a)

is used or intended to be used on more than one occasion by the keeper for holding, keeping or handling animals, whether or not that holding is also used or intended to be used by any other keeper for any of those purposes; and

(b)

prior to the first use of the holding by the keeper for any of the purposes mentioned in paragraph (a), the keeper has notified the Scottish Ministers and, following notification, has received their consent, so to use that holding;; and

(ii)for the definition of “Regulation (EC) No. 1760/2000”, substitute—

“Regulation (EC) No. 1760/2000” means Regulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97(2);; and

(b)in paragraph (3), after “authorisation,” insert “consent,”.

Amendment of regulation 11

4.  In regulation 11 (power to restrict movements)—

(a)omit “the second paragraph of”; and

(b)for “22(1)”, substitute “22(2)(a), (b), (c), (e), (f) and (g)”.

Amendment of regulation 12

5.  In regulation 12(1) (slaughter of animals without identification and traceability), after “Commission Regulation (EC) No. 494/98,”, insert “or under Article 22(2)(d) of Regulation (EC) No. 1760/2000,”.

Amendment of schedule 1

6.  In schedule 1 (ear tags)—

(a)in paragraph 1(1), for “and (2)”, substitute “or Article 4a(1)”;

(b)in paragraph 1(2)—

(i)for “said Article 4(2)”, substitute “said Article 4a”; and

(ii)in head (b), for “509/199”, substitute “509/1999”;

(c)after paragraph 1(3), insert—

(4) Any keeper whose animal is born on an additional holding must apply ear tags to that animal indicating the unique numeric identity either of the principal holding of that keeper or of the additional holding on which that animal was born.;

(d)in paragraph 2(1), for “4(3)”, substitute “4b”;

(e)after paragraph 2(1), insert—

(1A) The period determined for the purposes of the first subparagraph of Article 4b(2) is—

(a)within the period of 20 days beginning with the day on which the veterinary checks referred to in Article 4b(1) are completed; or

(b)before the animal leaves the holding of destination,

whichever is sooner.;

(f)in paragraph 2(2), for “indent 2 of Article 4(3)”, substitute “the third subparagraph of Article 4b(1)”;

(g)in paragraph 4(1), for “4(2)”, substitute “4a(1)”;

(h)in paragraph 5(1)—

(i)for “Article 4(5)”, substitute “the first subparagraph of Article 4d,”; and

(ii)after “removed”, insert “, modified”;

(i)in paragraph 5(3)(a)(ii), for “Article 4(1)”, substitute “Articles 4(1) and 4a”;

(j)in paragraph 6(3), for “Article 4(1)”, substitute “Article 4”; and

(k)in paragraph 8(1), omit “as if”.

Amendment of schedule 2

7.  In schedule 2 (notification)—

(a)in paragraph 3—

(i)in sub-paragraph (1)(b), omit “in accordance with Article 6(4) of Regulation (EC) No. 1760/2000”;

(ii)in sub-paragraph (2)(b)(ii), omit “in accordance with Article 6(4) of Regulation (EC) No. 1760/2000”; and

(iii)in sub-paragraph (3)(b)(i), omit “in accordance with Article 6(4) of Regulation (EC) No. 1760/2000”.

Amendment of schedule 3

8.  In schedule 3 (cattle passports etc.)—

(a)in paragraph 3(1), for “the first paragraph of Article 4(3)”, substitute “Article 4b”;

(b)for paragraph 14(2), substitute—

(2) But sub-paragraph (1) does not apply to moving an animal between a principal holding and an additional holding.

(3) A person who fails to comply with sub-paragraph (1) commits an offence.;

(c)for paragraph 15(2), substitute—

(2) But sub-paragraph (1) does not apply to transporting an animal between a principal holding and an additional holding.

(3) A person who fails to comply with sub-paragraph (1) commits an offence.;

(d)in paragraph 16—

(i)after sub-paragraph (1), insert—

(1A) But sub-paragraph (1) does not apply to a person transporting an animal between a principal holding and an additional holding.; and

(ii)in sub-paragraph (2), for “36”, substitute “48”.

Amendment of schedule 4

9.  In schedule 4 (records)—

(a)for paragraph 1(2)(ii) and (iii), substitute—

(ii)in the case of animals born on the holding for which the register is kept, the identification code of the dam (in the case of embryo transfer, that of the surrogate dam and, if known, genetic dam).;

(b)in paragraph 1(4)(a) and (e), where it occurs in both heads, for “36” substitute “48”.

FERGUS EWING

A member of the Scottish Government

St Andrew’s House,

Edinburgh

26th April 2017

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