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PART 2Artificial insemination of cows

Exemption from section 19(1): artificial insemination of cows

3.—(1) Section 19(1) of the Act does not prohibit any person who is not a veterinary surgeon from carrying out the artificial insemination of a cow, provided that he —

(a)is 16 years or over;

(b)has never been convicted of an offence related to the welfare of animals; and

(c)carries out that artificial insemination as part of an approved course or is a qualified inseminator.

(2) In this article—

“approved course” means a training course in the artificial insemination of cows that has been approved—

(a)

before the coming into force of this Order by—

(i)

the Secretary of State, the Department of Agriculture and Rural Development, the Scottish Ministers or the National Assembly for Wales; or

(ii)

prior to its winding up, by the Agricultural Training Board(1); or

(b)

after the coming into force of this Order by the Secretary of State, the Department of Agriculture and Rural Development, the Scottish Ministers or the National Assembly for Wales, after consultation with the Royal College of Veterinary Surgeons;

“qualified inseminator” means any person who has—

(a)

successfully completed an approved course and has been granted a certificate to that effect by the course provider; or

(b)

before the coming into force of this Order, carried out the artificial insemination of a cow—

(i)

in England or Wales in accordance with regulation 24(b)(iii) to (v) of the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985(2);

(ii)

in Scotland in accordance with regulation 24(b)(iii) to (vi) of the Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985(3); or

(iii)

in Northern Ireland in accordance with regulation 3(1) to (4) of the Artificial Insemination of Cattle Regulations (Northern Ireland) 1988(4).

(1)

The Agricultural Training Board (“the Board”) was established by the Industrial Training (Agricultural, Horticultural and Forestry Board) Order 1966 (S.I. 1966/969). The Agricultural Training Board Act (1982 c. 9) listed the approval of courses provided by other persons as a function of the Board. The Agricultural Training Board was wound up by the Agricultural Training Board (Revocation) Order 1994 (S.I. 1994/555), which lapsed on the repeal of the 1982 Act by the Statute Law (Repeals) Act 2004.

(2)

S.I. 1985/1861, as amended by S.I. 1992/671 and 1995/2549 and, in relation to England, by S.I. 2001/380, 2002/824, 2004/3231 and, in relation to Wales, by S.I. 2002/1131 (W.118).