PART 2Certificates, temporary certificates and licences

CHAPTER 1Certificates and temporary certificates

Requirement for a certificate or temporary certificate

5.—(1) Subject to regulations 23(2) and 44, no person may carry out an operation specified in regulation 6 except under and to the extent authorised by a certificate registered with the competent authority or a temporary certificate.

(2) No person may carry out an operation specified in regulation 6 under a temporary certificate unless that person works in the presence, and under the direct supervision of, a person who holds a certificate registered with the competent authority in relation to that operation.

Operations which require a certificate or temporary certificate

6.  The operations referred to in regulation 5 are—

(a)any of the following operations carried out in a slaughterhouse—

(i)an operation specified in any of sub-paragraphs (a) to (g) of Article 7(2); and

(ii)the pithing of a stunned animal and assessment of effective pithing; and

(b)supervising the killing of fur animals in accordance with Article 7(3).

Certificates

7.  The competent authority must grant and register a certificate if—

(a)the applicant meets the conditions in regulation 8; and

(b)the competent authority is satisfied the applicant is a fit and proper person to hold a certificate.

Conditions for a certificate

8.  The applicant must—

(a)not be less than 18 years old, unless the certificate is required for the following operations—

(i)the handling and care of animals before they are restrained; or

(ii)the shackling or hoisting of live poultry before stunning;

(b)subject to regulation 44, submit evidence of training and examination in respect of the operation, category of animal and (where appropriate) type of equipment for which a certificate is sought;

(c)submit a written declaration in accordance with Article 21(6);

(d)provide written details if the applicant—

(i)has been convicted of any offence concerning the welfare of animals;

(ii)has been refused a licence under the 1967 Act, the 1974 Act, any regulations made under either of those Acts or the 1995 Regulations in relation to the killing of an animal or related operation; or

(iii)has had any such licence revoked or suspended; and

(e)pay a fee in accordance with regulation 24.

Temporary certificates

9.  The competent authority must grant a temporary certificate if—

(a)the applicant meets the conditions in regulation 10; and

(b)the competent authority is satisfied the applicant is a fit and proper person to hold a temporary certificate.

Conditions for a temporary certificate

10.  The applicant must—

(a)not be less than 18 years old, unless the temporary certificate is required for the following operations—

(i)the handling and care of animals before they are restrained; or

(ii)the shackling or hoisting of live poultry before stunning;

(b)submit evidence of registration on a training course in respect of the operation, category of animal and (where appropriate) type of equipment for which a temporary certificate is sought;

(c)submit a written declaration in accordance with Article 21(5)(d) and (6); and

(d)provide written details if the applicant—

(i)has been convicted of any offence concerning the welfare of animals;

(ii)has been refused a licence under the 1967 Act, the 1974 Act, any regulations made under either of those Acts or the 1995 Regulations in relation to the killing of an animal or related operation; or

(iii)has had any such licence revoked or suspended.

Grant of certificates and temporary certificates

11.—(1) A certificate or temporary certificate must specify the operation, category of animal and (where appropriate) type of equipment in respect of which it has been granted.

(2) A certificate or temporary certificate may be granted in respect of an operation, category of animal and (where appropriate) type of equipment only if—

(a)in the case of a certificate, the evidence of training and examination submitted with the application for the certificate relates to that operation, category of animal and type of equipment; or

(b)in the case of a temporary certificate, the training course on which the applicant is registered provides training in relation to that operation, category of animal and type of equipment.

(3) Certificates or temporary certificates granted in England, Scotland, Northern Ireland or another member State of the European Union for operations which require a certificate or temporary certificate in Wales under these Regulations have effect in Wales as if they were certificates or temporary certificates granted under these Regulations.