The Registration of Establishments (Laying Hens) (England) Regulations 2003

Title, application and commencement

1.  These Regulations may be cited as the Registration of Establishments (Laying Hens) (England) Regulations 2003; they apply only to England and come into force on 31st December 2003.

Interpretation

2.  —In these Regulations—

“the Directive” means Commission Directive 2002/4/EC on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC(1);

“establishment” means any site at which 350 or more laying hens are kept;

“laying hens” means hens of the species Gallus gallus which have reached maturity and are kept for the production of eggs not intended for hatching;

“local authority” means—

(a)

in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994(2), a unitary authority for that local government area, that authority;

(b)

where there is not a unitary authority—

(i)

in a metropolitan district, the council of that district;

(ii)

in a non-metropolitan county, the council of that county; or

(iii)

in each London borough, the council of that borough;

(c)

in the City of London, the Common Council; and

“register” means the register of establishments maintained by the Secretary of State pursuant to regulation 3.

Creation of a register and provision of a distinguishing number

3.—(1) The Secretary of State shall create and maintain a register of establishments.

(2) The Secretary of State shall, within a reasonable time after receipt of an application, note an establishment on the register, allocate to the establishment a distinguishing number composed in accordance with the Directive and communicate that number to the applicant.

Exchange of information

4.—(1) The Food Standards Agency and the Health Protection Agency shall have access to the register for the purpose of tracing eggs put on the market for human consumption.

(2) The local authority shall have access to the register for the purpose of enforcement of these Regulations.

Prohibition on operation or bringing into service of establishments

5.—(1) After 1st March 2004 no person shall continue to operate an establishment in operation on that date unless an application has been made to note that establishment on the register.

(2) No person shall bring an establishment into operation after 1st March 2004 unless an application has been made to note that establishment on the register and a distinguishing number communicated to the applicant by the Secretary of State.

(3) Applications shall contain the information set out in the Schedule and shall be on a form supplied by the Secretary of State.

(4) The operator of an establishment shall notify the Secretary of State of any change to the information on the register within 28 days.

Powers of authorised officers

6.—(1) An officer authorised by the Secretary of State or the local authority shall, on producing if required to do so some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises (other than premises used exclusively as a dwellinghouse) for the purposes of ascertaining whether there is or has been on or in respect of the premises any contravention of these Regulations.

(2) Such an officer shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may examine and copy documentary or data processing material.

Obstruction

7.—(1) No person shall—

(a) obstruct any person acting in the execution of these Regulations;

(b) without reasonable cause, fail to give any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations; or

(c) furnish to any person acting in the execution of these Regulations any information which he knows to be false.

(2) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.

Offences by body corporate

8.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished accordingly.

(2) For the purposes of paragraph (1), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Penalties

9.—(1) A person contravening any provision of these Regulations shall be guilty of an offence.

(2) A person guilty of an offence under these Regulations shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale.

Enforcement

10.  These Regulations shall be enforced by the local authority or the Secretary of State.

Ben Bradshaw

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

1st December 2003