CHAPTER 2Licences
Requirement for a licence
12. Subject to regulations 14 and 23(2), no person may carry out an operation specified in regulation 13 except under and to the extent authorised by a licence registered with the competent authority.
Operations which require a licence
13. The operations referred to in regulation 12 are any of the following operations carried out other than in a slaughterhouse—
(a)an operation specified in any of sub-paragraphs (b) to (f) of Article 7(2) carried out for the purposes specified in Article 10 (private domestic consumption) by a person other than the owner of the animal;
(b)an operation specified in any of sub-paragraphs (b) to (f) of Article 7(2) carried out for the purposes specified in Article 11 (direct supply of small quantities of poultry, rabbits and hares);
(c)in relation to the killing of solipeds, ruminants, pigs, rabbits, poultry or ratites other than for human consumption—
(i)the restraint of animals for the purpose of stunning;
(ii)the stunning of animals;
(iii)the assessment of effective stunning;
(iv)the shackling or hoisting of stunned animals, other than poultry;
(v)the bleeding of live animals; and
(d)the pithing of a stunned animal and assessment of effective pithing.
Exceptions to the requirement for a licence
14. Regulation 12 does not apply to any person who—
(a)holds a certificate registered with the competent authority, provided that the scope of the certificate extends to the operation being undertaken;
(b)works in the presence, and under the direct supervision, of a person who holds a certificate or licence registered with the competent authority, provided that the scope of the certificate or licence extends to the operation being undertaken;
(c)works in the presence, and under the direct supervision, of a veterinary surgeon;
(d)carries out the emergency killing of an animal;
(e)kills an animal other than for a commercial purpose;
(f)for purposes other than human consumption, kills an animal in the field by means of a free bullet;
(g)for purposes other than human consumption, kills poultry by means of cervical dislocation (where there are no other methods available for stunning) on premises forming part of an agricultural holding on which the poultry were reared;
(h)kills an animal for the purpose of depopulation;
(i)kills surplus chicks or embryos in hatchery waste;
(j)is a veterinary surgeon acting in the exercise of the veterinary surgeon’s profession; or
(k)kills an animal in circumstances which are out of scope of the EU Regulation by virtue of Article 1(3)(a).
Licences
15. The competent authority must grant and register a licence if—
(a)the applicant meets the conditions in regulation 16; and
(b)the competent authority is satisfied the applicant is a fit and proper person to hold a licence.
Conditions for a licence
16. The applicant must—
(a)not be less than 18 years old;
(b)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;
(c)provide evidence in writing that an authorised veterinary surgeon has assessed the applicant and is of the opinion that the applicant—
(i)is competent to carry out the operation in respect of the category of animal and (where appropriate) type of equipment for which a licence is sought without causing an animal avoidable pain, distress or suffering, and
(ii)has sufficient knowledge of the provisions of all relevant legislation and guidance relating to that operation, category of animal and (where appropriate) type of equipment for which the licence is sought; and
(d)pay a fee in accordance with regulation 24.
Grant of licences
17.—(1) A licence must specify the operation, category of animal and (where appropriate) type of equipment in respect of which it has been granted.
(2) A licence may be granted in respect of an operation, category of animal and (where appropriate) type of equipment only if the assessment referred to in regulation 16(c) relates to that operation, category of animal and type of equipment.
(3) Certificates or licences granted in England, Scotland or Northern Ireland for operations which must be licensed in Wales under these Regulations have effect in Wales as if they were licences granted under these Regulations.