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The Horse Passports (Wales) Regulations 2005

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Welsh Statutory Instruments

2005 No. 231 (W.21)

ANIMALS, WALES

ANIMAL HEALTH

The Horse Passports (Wales) Regulations 2005

Made

8 February 2005

Coming into force

9 February 2005

The National Assembly for Wales, being designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by that section, makes the following Regulations:

Title, application and commencement

1.—(1) These Regulations may be cited as the Horse Passports (Wales) Regulations 2005.

(2) These Regulations apply in relation to Wales and come into force on 9 February 2005.

Interpretation

2.  In these Regulations—

“horse” (“ceffyl”) means an animal of the equine or asinine species or crossbreeds of those species, but does not include zebras;

“keeper” (“ceidwad”) means a person appointed by the owner to have day to day charge of the horse;

“local authority” (“awdurdod lleol”) means the council of a county or county borough;

“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“passport” (“pasbort”) means—

(a)

an identification document for a horse issued by a passport-issuing organisation containing all the information required by regulation 8(2) or 8(3); or

(b)

in the case of such an identification document issued before the coming into force of these Regulations but which does not contain the pages in Section IX of the passport, that document with the Section IX pages attached in accordance with regulation 9,

and “Section IX pages” means those pages;

“passport-issuing organisation” (“corff sy'n dyroddi pasbortau”) has the meaning assigned in regulation 3;

“sell” (“gwerthu”) includes any transfer of ownership.d

Organisations authorised to issue passports

3.—(1) The following organisations (referred to in these Regulations as “passport-issuing organisations”) are authorised to issue passports —

(a)organisations authorised in writing by the National Assembly under these Regulations to issue passports;

(b)organisations that maintain or establish stud-books for registered horses and are recognised by the National Assembly under regulation 3 of the Horses (Zootechnical Standards) Regulations 1992(3) or by any other authority in the United Kingdom competent to recognise such organisations in accordance with Council Directive 90/427/EEC of 26 June 1990 on the zootechnical conditions governing intra-Community trade in equidance(4);

(c)organisations recognised in another part of the United Kingdom or another Member State under legislation that implements either —

(i)Commission Decision 92/353/EEC (laying down the criteria for approval or recognition of organisations and associations which maintain or establish stud books for registered equidae(5)); or

(ii)Commission Decision 2000/68/EC (amending Commission Decision 93/623/EEC and establishing the identification of equidae for breeding and production(6))); and

(d)international associations or organisations that manage or regulate horses for competition or racing and are registered with the National Assembly to issue passports or registered under equivalent statutory provisions in force in any other part of the United Kingdom.

(2) The National Assembly may by notice in writing withdraw authorisation under paragraph (1)(a) or registration under paragraph (1)(d) if it is satisfied on reasonable grounds that an association or organisation is not complying with the provisions of these Regulations.

(3) No person shall issue a document which falsely purports to be a passport.

Powers and duties of passport-issuing organisations

4.—(1) The passport-issuing organisation is “the competent authority” for the purposes of the passport.

(2) A passport-issuing organisation may cancel a passport issued by it if it is satisfied on reasonable grounds that —

(a)the provisions of these Regulations have not been or are not being complied with, or

(b)the passport has not been properly completed or has been falsified in any way.

(3) When a passport is returned because a horse has died, the passport-issuing organisation must mark the passport accordingly but may then return it to the owner if permitted by its rules.

Records

5.—(1) A passport-issuing organisation must maintain a record of —

(a)information contained in applications for passports and Section IX pages;

(b)any change of ownership of a horse; and

(c)the death of a horse.

(2) It must keep this record until three years after the death of the horse.

(3) A passport-issuing organisation must supply to the National Assembly information from its records in such form and at such intervals as the National Assembly may require by notice in writing.

Application for a passport

6.—(1) An application for a passport must —

(a)be made by the owner of the horse;

(b)be made in writing to a passport-issuing organisation; and

(c)be in the format specified by that organisation.

(2) No person may apply for more than one passport (other than a replacement passport) for a horse.

Time limits for obtaining a passport

7.—(1) The owner of a horse that was born on or before 30 November 2004 who does not already have a passport for that horse must apply for a passport for it before 14 February 2005, or by six months after its birth, whichever is the later.

(2) The owner of a horse that was born after 30 November 2004 must obtain a passport for it on or before 31 December of the year of its birth, or by six months after its birth, whichever is the later.

Issue of a passport

8.—(1) On application, provided all its requirements are complied with, the passport-issuing organisation must issue a passport duly completed in the format set out in the Schedule.

(2) In the case of a horse either registered or eligible for entry in a studbook of a recognised organisation in accordance with Article 2(c) of Council Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae(7), the passport must contain all the Sections specified in the Schedule.

(3) In any other case the passport must contain at least Sections I to IV and IX but may contain more Sections or all the Sections.

Section IX pages for existing passports

9.—(1) In the case of a horse born before these Regulations come into force that already has an identification document issued by a passport-issuing organisation containing all the information required by regulation 8(2) or 8(3) except for the Section IX pages, a passport may consist of that identification document together with the Section IX pages obtained by the owner from a passport-issuing organisation, provided that the applicant —

(a)applies for them before 14 February 2005, and

(b)attaches them to the identification document.

(2) Regulation 6 applies to an application for Section IX pages as it applies to an application for a passport.

(3) The Section IX pages must contain the same number or alphanumeric code as in Section II of the original identification document.

Identification

10.—(1) The passport-issuing organisation when issuing a passport must identify the horse with a number or alphanumeric code not previously used by that organisation.

(2) It must record the number or alphanumeric code in Section II of the passport.

Language of passports

11.—(1) Sections I to VIII of passports issued in Wales must be in English and French.

(2) Section IX must be in English.

(3) A passport or any part of it may also be in an additional language.

Horses entering Wales

12.—(1) The owner (or, in the case of an owner living outside Wales, the keeper) of a horse brought into Wales without a passport (or with a document that would be a passport but for the fact that it does not contain Section IX) must apply for a passport or the Section IX pages within 30 days of the horse being brought into Wales.

(2) A passport or Section IX pages issued following an application made under paragraph (1) must state that the horse is not intended for slaughter for human consumption.

(3) This regulation will not apply in relation to a horse that remains in Wales for less than 30 days.

Declaration concerning slaughter for human consumption

13.—(1) The owner of a horse or the owner’s representative, on receipt of a passport or Section IX pages must sign the declaration in Section IX, Part II or III-A, as to whether or not the horse is intended for slaughter for human consumption.

(2) When the horse is sold, the declaration must be signed by each subsequent owner or the owner’s representative.

(3) If the declaration referred to in paragraph (1) is that the horse is not intended for slaughter for human consumption, that declaration cannot be changed.

Prohibitions

14.—(1) No person may —

(a)destroy or deface a passport;

(b)alter any entry made in Section I of the passport;

(c)alter any of the details in Section II or III of the passport unless authorised in writing to do so by a passport-issuing organisation;

(d)make an entry in Section IV of the passport except in accordance with the rules and regulations of a passport-issuing organisation, and no person may alter any entry; or

(e)alter any details in Section V, VI, VII, VIII or IX of the passport; or

(f)change a declaration in Section IX that a horse is not intended for slaughter for human consumption (but if the declaration shows that the horse is intended for slaughter for human consumption, an owner may subsequently declare that the horse is not intended for slaughter for human consumption, in which case the horse will not be intended for slaughter for human consumption).

(2) No person may be in possession of a document which falsely purports to be a passport.

(3) In proceedings against a person for an offence of failing to comply with paragraph (2) it is a defence for that person to prove that he or she was not aware that the document was not a passport.

Replacement of a lost or damaged passport

15.—(1) Where a passport has been lost or damaged the owner of the horse must, within 30 days of the loss or damage being discovered, apply for a replacement passport for that horse —

(a)where the passport-issuing organisation of issue is known to the owner, to that organisation; or

(b)where the passport-issuing organisation of issue is not known, to any passport-issuing organisation.

(2) The passport-issuing organisation applied to in accordance with paragraph (1) must issue a replacement passport marked with the word “Duplicate”.

(3) If all the original information in the Section IX is legible the replacement passport must repeat that information.

(4) If any information in Section IX is illegible the passport issuing organisation must indicate in the replacement passport that the horse is not intended for slaughter for human consumption by completing Part II of that Section.

Restrictions on the use of horses without passports

16.  If a passport should have been issued for a horse, after 28 February 2005 no person may —

(a)use the horse for the purposes of competition or breeding;

(b)move the horse out of the United Kingdom; or

(c)move the horse on to the premises of a new keeper,

unless the horse is accompanied by its passport.

Requirements on persons administering veterinary medicinal products

17.—(1) Where a veterinary medicinal product is to be administered to a horse, the person in possession of its passport must make it available to the veterinary surgeon or other person administering the product.

(2) The veterinary surgeon or other person administering the veterinary medicinal product must —

(a)satisfy himself or herself that the horse is the one described in the passport;

(b)if the passport contains Sections V and VI, record in the appropriate section any vaccine given, and if it contains Section VII, record the results of any laboratory health tests carried out for transmissible diseases; and

(c)if the passport shows that the horse is intended for slaughter for human consumption, complete Part III—B of Section IX of the passport if the product administered contains a substance not included in Annexes I, II, III or IV of Council Regulation (EEC) No. 2377/90 (8) for administration to horses.

(3) In the case of a horse in relation to which a passport has not yet been obtained or is unavailable for any reason, or in relation to which the veterinary surgeon or other person administering the veterinary medicinal product is not satisfied that the horse is the one described in the passport, the veterinary surgeon or other person administering the veterinary medicinal product must give to the keeper —

(a)a written record of the treatment of any product containing a substance not included in Annexes I, II, III or IV to Council Regulation (EEC) No. 2377/90 for administration to horses, and written notification that these must be recorded in the passport; and

(b)if the product administered contains a substance specified in Annex IV to Council Regulation (EEC) No. 2377/90 has been administered, sign the declaration in the passport that the horse is not intended for slaughter for human consumption.

(4) The keeper must enter any information received under paragraph (3) in the passport when the keeper receives the passport.

Duties on owners

18.—(1) After 28 February 2005 no person may sell a horse without a passport.

(2) On the sale of a horse, the seller must give the passport to the buyer or, at auction sales, the auctioneer must give the passport to the buyer.

(3) The new owner or the owner’s representative must, within 30 days of purchase send to the passport-issuing organisation that issued the passport —

(a)the name and address of the new owner; and

(b)the name and identification number or alphanumeric code of the horse as entered in Section II of the passport,

and must complete Section I of the passport in accordance with the rules of the passport-issuing organisation.

(4) A person in possession of a passport must produce it on reasonable demand to the passport-issuing organisation that issued it, and must surrender it on reasonable demand to that organisation.

(5) An owner of a horse that dies or is slaughtered must send the passport to the passport-issuing authority within 30 days of the death.

Slaughter for human consumption

19.  After 28 February 2005 no person may slaughter a horse for human consumption or consign it for such slaughter unless it is accompanied by its passport and the declaration in Section IX shows that the animal is intended for slaughter for human consumption.

Powers of entry

20.—(1) An inspector shall, on producing a duly authenticated document showing his or her authority, have a right at all reasonable hours, to enter any premises (excluding any premises not containing any horse and used only as a dwelling) for the purpose of administering and enforcing these Regulations; and in this regulation “premises” includes any vehicle or container.

(2) An inspector may —

(a)require the production of a passport;

(b)carry out any inquiries;

(c)have access to, and inspect and copy any records (in whatever form they are held) kept under these Regulations;

(d)remove such records to enable them to be copied;

(e)have access to, inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him or her such assistance as he or she may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;

(f)mark any animal or other thing for identification purposes; and

(g)take with him or her —

(i)such other persons as that inspector considers necessary; and

(ii)any representative of the European Commission properly interested in the administration of these Regulations.

(3) No person may deface, obliterate or remove any mark applied under paragraph (2) except under the written authority of an inspector.

(4) If an inspector enters any unoccupied premises the inspector must leave them as effectively secured against unauthorised entry as he or she found them.

(5) In this regulation “inspector” means a person appointed as such by a local authority or the National Assembly for the enforcement of these Regulations.

Obstruction

21.  No person may —

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

(b)without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information that that person may reasonably require of him or her for the performance of that person’s functions under these Regulations;

(c)knowingly furnish to any person acting in the execution of these Regulations any information which he or she knows to be false or misleading; or

(d)fail to produce a record when required to do so to any person acting in the execution of these Regulations.

Offences

22.—(1) It shall be an offence for any person or organisation to fail to comply with —

(a)regulation 3(3) (issue of a document purporting to be a passport);

(b)regulation 6(2) (applying for more than one passport for a horse);

(c)regulation 7 (time limits for obtaining a passport);

(d)regulation 12(1) (bringing a horse into Wales);

(e)regulation 13(1), 13(2) or 13(3) (signing the declaration relating to slaughter for human consumption);

(f)regulation 14(1) (alteration of a passport) or 14(2) (possession of a document purporting to be a passport);

(g)regulation 15(1) (application for a replacement passport);

(h)regulation 16 (restrictions on the use of a horse without a passport);

(i)regulation 17 (administration of veterinary medicinal products);

(j)regulation 18 (duties on owners);

(k)regulation 19 (slaughter for human consumption);

(l)regulation 21 (obstruction).

(2) 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 person of the body corporate, or

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

that director, manager, secretary or person as well as the body corporate, shall be guilty of the offence and may be liable to be proceeded against and punished accordingly.

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

(4) Where an organisation that is not 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 any officer of that organisation, that officer, as well as the organisation, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Penalties

23.—(1) A person guilty of an offence of failing to comply with regulation 3(3) (issue of a document purporting to be a passport), regulation 17(2)(c) or 17(4) (completion of the passport following administration of a veterinary medicinal product) or regulation 19 (slaughter for human consumption) shall be liable —

(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both; or

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.

(2) A person guilty of any other offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Enforcement

24.—(1) These Regulations shall be enforced by the local authority.

(2) The National Assembly may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority by this regulation shall be discharged by the National Assembly and not by the local authority.

Revocation

25.  The Horse Passports Order 1997(9) and the Horses Passports (Amendment) Order 1998(10) are hereby revoked so far as they apply to Wales.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(11)

D. Elis-Thomas

The Presiding Officer of the National Assembly

8 February 2005

Regulation 8

SCHEDULEIdentification Document For Registered Equidae

PASSPORT

General instructions

I.  Passports must contain all instructions needed for their use and the details of the competent authority which issued them.

II.  Information shown on passports.

  • A. Passports must contain the following information —

1.  Section I:

  • Owner

  • The name of the owner or his agent must be stated.

2.  Sections II and III:

  • Identification

  • The equid must be identified by the competent authority.

3.  Section IV:

  • Recording of identity checks

  • Whenever laws and regulations so require, checks conducted on the identity of the equid must be recorded by the competent authority.

4.  Sections V and VI:

  • Vaccination record

  • All vaccinations must be recorded in Section V (equine influenza only) and in Section VI (all other vaccinations).

5.  Section VII:

  • Laboratory health tests

  • The results of all tests carried out to detect transmissible diseases must be recorded.

6.  Section IX:

  • Medicinal Treatment

  • Part I and Part II or Part III of this Section must be duly completed in accordance with the instructions provided for in this Section.

  • B. Passports may contain the following information —

  • Section VIII:

  • Basic health requirements

  • Section VIII states the basic health requirements.

  • It lists the diseases which must be noted on the health.

SECTION I

SECTION II

SECTION III

SECTION IV

SECTION V

SECTION VI

SECTION VII

SECTION VIII

SECTION IX

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in Wales, implement Council Directive 90/426/EEC (OJ No. L224, 18/8/1990, p. 42), Council Directive 90/427/EEC (OJ No. L224, 18/8/1990, p. 55) and Commission Decisions 92/353/EEC (OJ No. L192, 11/07/1992, p. 63), 93/623/EEC (OJ No. L298, 3/12/93, p. 45) and 2000/68/EC (OJ No. L23, 28.1.2000, p. 72). They revoke and replace the Horse Passports Order 1997 and the Horse Passports (Amendment) Order 1998 in so far as they apply to Wales.

The Regulations specify which organisations are authorised to issue passports and give them powers and duties (regulations 3 to 5), make provision for application and issue of passports (regulations 6 to 11 and the Schedule) and make provision for horses entering Wales (regulation 12).

They make requirements concerning the declaration to be made on the passport relating to slaughter for human consumption (regulation 13).

They prohibit defacement of passports, make it an offence to possess a false passport and make provision for the replacement of lost passports (regulations 14 and 15)

Horses must be accompanied by their passports when used for certain purposes (regulation 16).

They impose duties on veterinary surgeons to mark the passport when they administer veterinary medicines (regulation 17).

They make provision relating to the sale of a horse (regulation 18) and relating to the slaughter of a horse (regulation 19).

They contain provisions relating to powers of entry and obstruction (regulations 20 and 21).

Under regulations 22 and 23, breach of the Regulations is an offence punishable —

(a)on summary conviction to a fine not exceeding the statutory maximum or three months imprisonment, or to both, and

(b)on conviction on indictment, to imprisonment for two years or a fine, or both.

They are enforced by the local authority (regulation 24).

A regulatory appraisal has been prepared and is available from the Animal Health Division, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.

(1)

S.I.1999/2788.

(4)

OJ No. L224, 18.8.1990, p. 55—59.

(5)

OJ No. L 192, 11.7.92, p. 63.

(6)

OJ No. L23, 28.1.2000, p. 72.

(7)

OJ No. L224, 18.9.90, p. 42.

(8)

A list of veterinary medicinal products authorised for administration to horses and listing the active substances under the product name is available on the website of the Veterinary Medicines Directorate, www.vmd.gov.uk.

(9)

S.I. 1997/2789.

(10)

S.I. 1998/2367.

(11)

S.I. 1998 c. 38.

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