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This is the original version (as it was originally made).
36.—(1) Subject to Articles 11 and 16 a person shall not tamper with, remove or deface, or cause or permit to be tampered with, removed or defaced any identification device or identification mark, or any information contained in or written on or attached to an animal under—
(a)the Council Regulation;
(b)this Order or any provisions which give effect to the Council Regulation in England, Scotland or Wales;
(c)the previous Orders; or
(d)Council Directive 92/102/EEC (in the case of an animal marked in another member State in accordance with that Directive).
(2) A person shall not—
(a)transfer an identification device or identification mark from an animal or a carcase to any other animal;
(b)use for identifying any animal an identification device or identification mark which has at any time been used to identify any other animal;
(c)remove an identification device or identification mark except in accordance with this Order or the permission of the Department;
(d)replace an identification device or identification mark other than in accordance with this Order or the permission of the Department;
(e)have in his possession an identification device or identification mark which bears an identification code already allocated to an animal on his holding or any other holding except a replacement identification device or identification mark specifically authorised by the Department;
(f)have in his possession an animal bearing an identification device or identification mark which is not an approved identification device or identification mark, but which resembles an approved identification device or identification mark in terms of shape, size or colour; or
(g)have in his possession without lawful excuse, an approved identification device or identification mark bearing an identification code other than that issued to him in accordance with the provisions of this Order.
(3) For the purposes of this Article any reference to an “identification device or identification mark” includes any other means of identification attached to an animal under the Council Regulation or previous Orders.
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