The Welfare of Farmed Animals (Scotland) Amendment Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Scotland only, amend the Welfare of Farmed Animals (Scotland) Regulations 2000 (“the principal Regulations”). The amendments give effect to the provisions of Council Directive 99/74/EC (O.J. No. L 203, 3.8.99, p.53), laying down minimum standards for the protection of laying hens, in establishments with 350 or more laying hens.

These Regulations come into force for all purposes on the day after the day on which the Regulations are made, other than regulation 2(3), which comes into force on 1st January 2003.

The Regulations insert new definitions, including a new definition of laying hen (regulation 2(2)).

The Regulations insert a new regulation 5 and Schedule 3, to apply requirements in relation to the keeping of poultry other than those kept in the systems referred to in the new Schedules 3A, 3B, 3C and 3D to the principal Regulations (regulation 2(4) and (8)).

The Regulations insert regulation 5A and Schedules 3A, 3B, 3C and 3D into the principal Regulations, to apply requirements in relation to the keeping of laying hens in the systems referred to in the new Schedules to the principal Regulations (regulation 2(5) and (9)).

Schedule 3A to the principal Regulations specifies requirements for the conditions, including the stocking density, in which laying hens may be kept in non-cage systems. It applies to all newly built or rebuilt non-cage systems and to all non-cage systems on and after 1st January 2007.

Schedule 3B to the principal Regulations specifies requirements for the conditions, which apply on and after 1st January 2003, for laying hens kept in conventional (unenriched) cages. No laying hens may be kept in new cage systems of this type built or brought into service for the first time on or after 1st January 2003; and keeping laying hens in this type of cage system is prohibited on and after 1st January 2012.

Schedule 3C to the principal Regulations provides that all cage systems which are not conventional systems, have to meet additional requirements relating to the conditions in which laying hens are kept (enriched cages).

Schedule 3D to the principal Regulations applies to all systems for keeping laying hens. It provides for general requirements regarding inspection, sound levels, lighting, cleansing and construction of cages. This Schedule also prohibits mutilation, but permits beak trimming until 31st December 2010, under certain conditions, including compliance with the Veterinary Surgery (Exemptions) Order 1962.

A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. A copy of it can be obtained from the Scottish Executive Environment and Rural Affairs Department, Animal Health and Welfare Branch, Room 350, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.