The Welfare of Animals at the Time of Killing (Scotland) Regulations 2012

PART 1 General

Citation, commencement and extent

1.  These Regulations—

(a) may be cited as the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012;

(b) come into force on 1st January 2013; and

(c) extend to Scotland only.

Interpretation

2.—(1) In these Regulations—

“the 1967 Act” means the Slaughter of Poultry Act 1967(1);

“the 1980 Act” means the Slaughter of Animals (Scotland) Act 1980(2);

“the 1995 Regulations” means the Welfare of Animals (Slaughter or Killing) Regulations 1995(3);

“adverse weather condition” means any weather condition, including direct sunlight, which has an adverse effect on the welfare of an animal;

“applicant” means a person who applies for a certificate or a temporary certificate;

“authorised person” means a person who is authorised by an enforcement authority (whether or not an officer of that authority) to act on its behalf in matters of its enforcement function under regulation 18;

“certificate” (except in the terms “qualification certificate” and “temporary certificate”) means a certificate of competence as mentioned in Article 21 and includes a qualification recognised by the competent authority as equivalent to a certificate in accordance with Article 21(7);

“competent authority” has the meaning given in regulation 3;

“enforcement authority” means an authority that enforces the EU Regulation and these Regulations under regulation 18;

“EU Regulation” means Council Regulation (EC) No 1099/2009 on the protection of animals at the time of killing(4);

“qualification certificate” means—

(a)

a certificate granted by a body recognised and regulated by the Scottish Qualifications Authority which oversees the training and assessment of persons carrying out the killing of animals and related operations confirming the passing of an independent examination as provided for in Article 21; or

(b)

a licence granted by the Rabbinical Commission for the purpose of slaughtering animals in accordance with the Jewish method (Schechita) and confirming the passing of an independent examination as provided for in Article 21;

“Rabbinical Commission” means the body responsible for licensing persons carrying out the slaughter of animals in accordance with the Jewish method (Schochetim);

“stunning pen” means a pen or compartment which is suitable for confining a bovine animal for the purpose of stunning and is constructed so as to—

(a)

permit one animal at a time to be confined in it without discomfort;

(b)

prevent any substantial movement forwards, backwards or sideways of an animal confined in it;

(c)

subject to paragraph 3.2 of Annex II, restrict the movement of the head of an animal confined in it without causing the animal any avoidable excitement so as to permit accurate stunning and allow the head of the animal to be released immediately after the animal has been stunned; and

(d)

allow unimpeded access to the forehead of the animal confined in it; and

“temporary certificate” means a temporary certificate of competence as mentioned in Article 21(5).

(2) Expressions used in these Regulations that are also used in the EU Regulation have the same meaning in these Regulations as they have in the EU Regulation, unless specified otherwise.

(3) A reference in these Regulations to a numbered Article, Chapter or Annex is a reference to the Article, Chapter or Annex of that number in the EU Regulation.

(4) Any reference in these Regulations to an Annex of the EU Regulation is a reference to that Annex as amended from time to time.

The competent authority

3.—(1) The Food Standards Agency is the competent authority for the purposes of—

(a) Part 2 (certificates of competence);

(b) in relation to the slaughtering of animals in a slaughterhouse—

(i) receiving documents or records in accordance with Articles 6(4), 9(1) and 17(5);

(ii) receiving and assessing information in accordance with Article 14(2); and

(iii) taking action in the event of non-compliance with the EU Regulation in accordance with Article 22(1).

(2) Otherwise, the Scottish Ministers are the competent authority for the purposes of the EU Regulation and these Regulations.

(3) The Scottish Ministers may act as the competent authority in relation to the revocation of certificates and temporary certificates under Part 2.

(1)

1967 c.24.

(2)

1980 c.13.

(3)

S.I. 1995/731, as amended by S.I. 1999/400 and 1820 and S.S.I. 2000/62, 2001/145, 2002/238, 2004/13, 2006/536 and 2007/150.

(4)

OJ No L 303, 18.11.2009, p.1.