(This note is not part of the Regulations.)
These Regulations revoke and replace with amendments the Welfare of Livestock Regulations (Northern Ireland) 1995 and the Welfare of Livestock (Amendment) Regulations (Northern Ireland) 1998.
They implement as respects Northern Ireland—
Council Directive 88/166/EEC laying down minimum standards for the protection of laying hens kept in battery cages (O.J. No. L74, 19.3.88, p. 83);
Council Directive 91/629/EEC laying down minimum standards for the protection of calves (O.J. No. L340, 11.12.91, p. 28), as amended by Council Directive 97/2/EC (O.J. No. L25, 28.1.97, p. 24) and Commission Decision 97/182/EC (O.J. No. L76, 24.2.97, p. 30);
Council Directive 91/630/EEC laying down minimum standards for the protection of pigs (O.J. No. L340, 11.12.91, p. 33); and
Council Directive 98/58/EC concerning the protection of animals kept for farming purposes (O.J. No. L221, 8.8.98, p. 23).
The Regulations (and the Community legislation which they implement) reflect the obligations contained in the European Convention for the Protection of Animals kept for Farming Purposes of 10th March 1976, as read with the Protocol of Amendment to the European Convention for the Protection of Animals kept for Farming Purposes of 6th February 1992 (both may be purchased from the Stationery Office Bookshop, 16 Arthur Street, Belfast BT1 4GD).
The Regulations apply to all animals kept for farming purposes (subject to certain limited exceptions) (regulation 2(4)).
Regulation 3(1) lays down the general principle that owners and keepers of animals kept for farming purposes must take reasonable steps to ensure the welfare of animals in their care and to prevent them any unnecessary pain, suffering or injury. This principle applies to all animals (including fish, reptiles and amphibians).
The Regulations also provide for general requirements which apply in the case of all farmed animals (other than fish, reptiles and amphibians) (regulation 3(2) and Schedule 1) and for sets of specific additional requirements which apply in the cases of laying hens (regulation 4 and Schedule 2), poultry other than laying hens (regulation 5 and Schedule 3), calves (regulation 6 and Schedule 4), cattle (regulation 7 and Schedule 5), pigs (regulation 8 and Schedule 6) and rabbits (regulation 9 and Schedule 7).
Regulation 10 contains provision to ensure that those in charge of animals have access to copies of the relevant statutory welfare codes and are acquainted with those codes.
Regulation 11 provides for the service of enforcement notices requiring action to be taken to deal with any breach of the Regulations and regulation 12 provides for a power of entry for persons authorised by the European Commission for the purpose of enforcing Community legislation.
Under regulation 13(1), any contravention of the Regulations is an offence against section 2(1) of the Welfare of Animals Act (Northern Ireland) 1972. A person guilty of an offence under that section is liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale (currently, £2,500) or both.
Regulation 14 contains provision for the Department to issue or amend Statutory welfare codes to ensure compliance on the part of owners and keepers of animals with the requirements of the relevant Community legislation.