The Equine Identification (Wales) Regulations 2019

PART 1 Introductory

Title, commencement and application

1.—(1) The title of these Regulations is the Equine Identification (Wales) Regulations 2019 and, except for regulation 13(3)(c), these Regulations come into force on 12 February 2019.

(2) Regulation 13(3)(c) comes into force on 12 February 2021.

(3) These Regulations apply in relation to Wales.

Interpretation

2.  In these Regulations—

“Article” (“Erthygl”) means an Article of the EU Regulation;

“compliance notice” (“hysbysiad cydymffurfio”) has the meaning given in regulation 37;

“designated area” (“ardal ddynodedig”) means an area described as such in regulation 16;

“enforcement costs” (“costau gorfodi”) means the costs which a person is required to pay under an enforcement costs recovery notice;

“enforcement costs recovery notice” (“hysbysiad adennill costau gorfodi”) has the meaning given in regulation 40;

“enforcing authority” (“awdurdod gorfodi”) means a local authority falling within regulation 31;

“equine” (“ceffyl”) means a wild, semi-wild or domesticated soliped within the genus Equus of the family Equidae and their crosses;

“EU Regulation” (“Rheoliad yr UE”) means Commission Implementing Regulation (EU) 2015/262 of 17 February 2015(1) laying down rules pursuant to Council Directives 90/427/EEC(2) and 2009/156/EC(3) as regards the methods for the identification of equidae, as amended from time to time;

“fixed monetary penalty” (“cosb ariannol benodedig”) has the meaning given in regulation 39;

“fixed monetary penalty notice” (“hysbysiad cosb ariannol benodedig”) has the meaning given in regulation 39;

“ID” (“dogfen adnabod”) means the identification document for the identification of an equine in accordance with the EU Regulation and these Regulations;

“inspector” (“arolygydd”) means a person appointed as such under regulation 32 or under the Animal Health Act 1981(4);

“issuing body” (“corff dyroddi”) means an issuing body as referred to in Article 5(1);

“keeper” (“ceidwad”) has the meaning given in Article 2;

“non-compliance penalty” (“cosb am beidio â chydymffurfio”) has the meaning given in regulation 38;

“non-compliance penalty notice” (“hysbysiad cosb am beidio â chydymffurfio”) has the meaning given in regulation 38;

“offender” (“troseddwr”) has the meaning given in regulation 35(1);

“official veterinarian” (“milfeddyg swyddogol”) has the meaning given in Article 2;

“owner” (“perchennog”) has the meaning given in Article 2;

“responsible person” (“person cyfrifol”) means—

(a)

the owner; or

(b)

if the owner does not have primary day-to-day responsibility for the equine concerned, the keeper;

“transponder” (“trawsatebydd”) has the meaning given in Article 2;

“wild or semi-wild equine” (“ceffyl gwyllt neu led-wyllt”) means an equine falling within regulation 16(1);

“within 24 hours” (“o fewn 24 awr”) means before the end of the period of 24 hours beginning with the time at which—

(a)

for the purposes of regulation 15(1)(a), the information is created or amended; or

(b)

for the purposes of regulation 15(1)(b), the issuing body receives the Welsh Ministers’ request,

but not including any time that is not part of a working day; and for this purpose “working day” (“diwrnod gwaith”) means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971(5).

(1)

OJ No. L.59, 3.3.2015, p. 1.

(2)

OJ No. L 224, 18.8.1990, p.55. The Directive was amended by Council Directive 2008/73/EC of 15 July 2008 (OJ No. L 219, 14.8.2008, p. 40).

(3)

OJ No. L 192, 23.7.2010, p.1. The Directive was amended by Council Directive 2013/20/EU of 13 May 2013 (OJ No. L 158, 10.6.2013, p. 234 and by Commission Implementing Decision (EU) 2016/1840 of 14 October 2016 (OJ No. L 280, 18.10.2016, p. 33).

(4)

1981 c. 22.

(5)

1971 c. 80.