The Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) (Amendment) Order 2003

Statutory Instruments

2003 No. 29

ANIMALS, ENGLAND

ANIMAL HEALTH

The Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) (Amendment) Order 2003

Made

9th January 2003

Coming into force

31st January 2003

The Secretary of State, in exercise of the powers conferred upon her by sections 1 and 8(1) of the Animal Health Act 1981(1) makes the following Order:

Title, extent and commencement

1.  This Order may be cited as the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) (Amendment) Order 2003; it extends to England only and comes into force on 31st January 2003.

Interpretation

2.  In this Order “the principal Order” means the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002(2).

Amendment of article 1

3.  In article 1(2) of the principal Order, for “1st February 2003” there shall be substituted “1st April 2003”.

Amendment of article 2

4.—(1) In article 2 of the principal Order, the following are inserted in the appropriate places in alphabetical order—

““F Mark” means an F Mark in accordance with article 6(1) and (4);

“individual identification number” has the meaning given in article 6(9) and (10);

“Mark” means one of either an F Mark, an Origin Mark, an R Mark, an S Mark or an X Mark;

“Origin Mark” means an Origin Mark in accordance with article 6(1) and (5);

“R Mark” means an R Mark in accordance with article 6(1) and (6);

“S Mark” means an S Mark in accordance with article 6(1) and (7);”.

Insertion of article 2A

5.  After article 2, the following article is inserted—

“Applying or recording individual identification numbers

2A.   In this Order a reference to a requirement to apply or record an individual identification number does not require the individual identification number to be applied or recorded if that number has already been applied or recorded as part of a Mark.”.

Amendment of article 4

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

(2) For paragraph (2), sub-paragraph (c)(iv) there shall be substituted the following—

“(iv) where a sheep bears the maximum number of marks permitted under article 10, the individual identification together with the Mark which was applied at the same time as the individual identification number;”.

(3) After paragraph (2), the following is inserted—

“(2A) The requirement to record an Origin Mark, an F Mark or an R Mark under sub-paragraphs (2)(c)(ii) and (iii) above does not require the keeper to record the individual identification number of the sheep moved.”.

Amendment of article 5

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

(2) For paragraph (2), sub-paragraph (c)(iv) there shall be substituted the following—

“(iv) where a goat bears the maximum number of marks permitted under article 10, the individual identification together with the Mark which was applied at the same time as the individual identification number;”.

(3) After paragraph (2), the following is inserted—

“(2A) The requirement to record an Origin Mark, an F Mark or an R Mark under sub-paragraphs (2)(c)(ii) and (iii) above does not require the keeper to record the individual identification number of the goat moved.”.

Amendment of article 6

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

(2) For paragraph (4) there shall be substituted the following—

“(4) An F Mark is—

(a) when marked on an eartag, a mark comprised of the following characters in the following order—

(i) if applied before 1st February 2003—

(aa) the letters “UK”;

(bb) the flockmark or herdmark of the holding to which the animal is imported from outside the European Union; and

(cc) the letter “F”; or

(ii) if applied on or after 1st February 2003—

(aa) the letters “UK”;

(bb) the flockmark or herdmark of the holding to which the animal is imported from outside the European Union;

(cc) the individual identification number of that animal; and

(dd) the letter “F”; or

(b) when marked by means of a tattoo, a mark comprised of the following characters in the following order—

(i) if applied before 1st February 2003—

(aa) the flockmark or herdmark of the holding to which the animal is imported from outside the European Union; and

(bb) the letter “F”; or

(ii) if applied on or after 1st February 2003—

(aa) the flockmark or herdmark of the holding to which the animal is imported from outside the European Union;

(bb) the individual identification number of that animal; and

(cc) the letter “F”;”.

(3) For paragraph (5) there shall be substituted the following—

“(5) An Origin Mark is—

(a) when marked on an eartag, a mark comprised of the following characters in the following order—

(i) if applied before 1st February 2003—

(aa) the letters “UK”;

(bb) the flockmark or herdmark of the animal’s holding of birth; or

(ii) if applied on or after 1st February 2003—

(aa) the letters “UK”;

(bb) the flockmark or herdmark of the animal’s holding of birth; and

(cc) the individual identification number of that animal; or

(b) when marked by means of a tattoo, a mark comprised of the following characters in the following order—

(i) if applied before 1st February 2003, the flockmark or herdmark of the animal’s holding of birth; or

(ii) if applied on or after 1st February 2003—

(aa) the flockmark or herdmark of the animal’s holding of birth; and

(bb) the individual identification number of that animal;”.

(4) For paragraph (6) there shall be substituted the following—

“(6) An R Mark is—

(a) when marked on an eartag, a mark comprised of the following characters in the following order—

(i) if applied before 1st February 2003—

(aa) the letters “UK”;

(bb) the flockmark or herdmark of the holding where the animal was kept at the time it was so marked; and

(cc) the letter “R”; or

(ii) if applied on or after 1st February 2003—

(aa) the letters “UK”;

(bb) the flockmark or herdmark of the holding where the animal was kept at the time it was so marked;

(cc) the individual identification number of that animal; and

(dd) the letter “R”; or

(b) when marked by means of a tattoo, a mark comprised of the following characters in the following order—

(i) if applied before 1st February 2003—

(aa) the flockmark or herdmark of the holding where the animal was kept at the time it was so marked; and

(bb) the letter “R”; or

(ii) if applied on or after 1st February 2003—

(aa) the flockmark or herdmark of the holding where the animal was kept at the time it was so marked;

(bb) the individual identification number of that animal; and

(cc) the letter “R”;”.

Amendment of article 7

9.  For article 7(2) of the principal Order there shall be substituted the following—

“(2) Paragraph (1) shall not apply in respect of an animal which—

(a) before the relevant date, was marked in accordance with article 8(4) or (5) or article 15 of the Sheep and Goats Order 2000; or

(b) was marked with an Origin Mark on or before 31st January 2003.”.

Amendment of article 9

10.  In article 9(2)(f) of the principal Order, the words “and with an individual identification number” are deleted.

Amendment of article 12

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

(2) In paragraph (2), sub-paragraph (a)(ii), for “2000; or” there shall be substituted “2000;”.

(3) In paragraph (2), sub-paragraph (a)(iii), “or” is inserted after “R Mark;”.

(4) For paragraph (2), sub-paragraph (a)(iv) there shall be substituted the following—

“(iv) where an animal bears the maximum number of marks permitted under article 10, the individual identification together with the Mark which was applied at the same time as the individual identification number;”.

(5) After paragraph (2), the following paragraph is inserted—

“(2A) The requirement to record an Origin Mark, an F Mark or an R Mark under paragraphs (2)(a)(ii) or (iii) above does not require the keeper to record the individual identification number of the animal moved.”.

Amendment of article 13

12.—(1) Article 13 of the principal Order is amended in accordance with this article.

(2) For paragraph (2), sub-paragraphs (b) and (c) there shall be substituted the following—

“(b) where the original Mark was an Origin Mark, apply either—

(i) a tag with the letters “UK” followed by the flockmark or herdmark of the holding where the animal is kept followed by the individual identification number for that animal; or

(ii) a tattoo with the flockmark or herdmark of the holding where the animal is kept followed by the individual identification number for that animal;

(c) where the original Mark was an F Mark, apply either—

(i) a tag with the letters “UK” followed by the flockmark or herdmark of the holding where the animal is kept followed by the individual identification number for that animal followed by the letter F; or

(ii) a tattoo with the flockmark or herdmark of the holding where the animal is kept followed by the individual identification number for that animal followed by the letter F;

(d) where the original Mark was an R Mark, apply a new R Mark; or

(e) where the action in sub-paragraphs (a), (b), (c) or (d) cannot be carried out, apply an R Mark.”.

(3) After paragraph (2) the following paragraph is inserted—

“(2A) A Mark applied under sub-paragraphs (2)(b), (c) or (d) shall be cross-referenced with the original Mark in the record required to be kept under article 4 or 5.”.

Whitty

Parliamentary Under Secretary of State

Department of Environment, Food and Rural Affairs

9th January 2003

Explanatory Note

(This note is not part of the Order)

This Order, which applies to England only, amends the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002 (S.I. 2002/2153).

The main changes made to the Order are—

(a) to amend the date that the Order ceases to have effect (from 1st February 2003 to 1st April 2003) (article 3);

(b) to amend the definition of F, R and Origin Marks to include an individual identification number for the sheep or goat, but only for sheep or goats that have not already had one of these marks applied before this Order comes into effect on 31st January 2003.

A regulatory impact assessment has not been prepared for this Order.

(1)

1981 c. 22. Functions conferred under the 1981 Act on “the Ministers” (as defined in section 86 of that Act) were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) and were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(2)

S.I. 2002/2153.