(This note is not part of the Regulations)
These Regulations, which extend to Scotland only (regulation 1(2)), revoke and replace (with amendments):
The Welfare of Livestock Regulations 1994 (S.I. 1994/2126, amended by S.I. 1998/1709); and
The Welfare of Livestock (Amendment) Regulations 1998 (S.I. 1998/1709).
The Regulations implement the following Community legislation:–
Council Directive 88/166/EEC laying down minimum standards for the protection of laying hens kept in battery cages (O.J. No. L 74, 19.3.88, p.83);
Council Directive 91/629/EEC laying down minimum standards for the protection of calves (O.J. No. L 340, 11.12.91, p.28), as amended by Council Directive 97/2/EC (O.J. No. L 25, 28.1.97, p.24) and Commission Decision 97/182/EC (O.J. No. L 76, 18.3.97, p.30);
Council Directive 91/630/EEC laying down minimum standards for the protection of pigs (O.J. No. L 340, 11.12.91, p.33); and
Council Directive 98/58/EC concerning the protection of animals kept for farming purposes (O.J. No. L 221, 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 available from the Stationery Office, 71 Lothian Road, Edinburgh).
The Regulations apply to all animals kept for farming purposes (subject to certain limited exceptions) (regulation 2(2)).
Regulation 3(1) lays down the general principle that owners and keepers of animals kept for farming purposes must all 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 kept in battery cages (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 provisions to ensure that those in charge of animals have access to copies of the relevant welfare codes issued under section 3 of the Agriculture (Miscellaneous Provisions) Act 1968 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 that an authorised person may take with him a person 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 of the Agriculture (Miscellaneous Provisions) Act 1968. Under section 7 of that Act, the maximum penalty for such an offence is 3 months imprisonment and/or a fine at level 4 on the standard scale (currently, £2,500).
Schedule 1, which provides for general requirements which apply to all farmed animals (other than fish, reptiles and amphibians), contains a number of changes from corresponding provisions in Schedule 4 of the Welfare of Livestock Regulations 1994 (as amended) (“the 1994 Regulations”).
There are a number of requirements which, under the 1994 Regulations, applied only to either animals kept in intensive systems or animals kept in buildings, the scope of which is now extended to cover all farmed animals (other than fish, reptiles and amphibians). The requirements in this category are as follows:
Inspection of animals (Schedule 1, paragraph 2);
Care and veterinary advice for sick and injured animals (Schedule 1, paragraph 5);
Isolation of sick and injured animals (Schedule 1, paragraph 6); and
Checks on automatic or mechanical equipment (Schedule 1, paragraphs 18 to 21).
There are also several requirements which are either new or go beyond those contained in Schedule 4 of the 1994 Regulations. These requirements can be summarised as follows:
Staffing and competence (Schedule 1, paragraph 1);
Record keeping (Schedule 1, paragraphs 7 and 8);
Freedom of movement (Schedule 1, paragraphs 9 and 10);
Accommodation standards (Schedule 1, paragraph 11);
Environmental requirements (Schedule 1, paragraph 13);
Lighting (Schedule 1, paragraphs 14 to 16);
Protection from elements etc (Schedule 1, paragraph 17);
Feed, water and other substances (Schedule 1, paragraphs 23, 26 and 27); and
Breeding procedures (Schedule 1, paragraphs 28 and 29).
Schedule 2 re-enacts the provisions of Schedule 1 to the 1994 Regulations, subject to modification if the requirements are already contained in the new general conditions in Schedule 1 to these Regulations.
Schedules 3, 5 and 7 re-enact paragraphs 7 to 11 of Schedule 4 to the 1994 Regulations without amendment.
Schedule 4 re-enacts the provisions of Schedule 2 of the 1994 Regulations subject to amendments required to implement Council Directive 97/2/EC and Commission Decision 97/182/EC. The new requirements are:
Accommodation (Schedule 4, paragraphs 1(1) to (4), (6) to (8) and 2);
Inspection (Schedule 4, paragraphs 3 and 4);
Tethers (Schedule 4, paragraph 6(1));
Bovine colostrum (Schedule 4, paragraph 11);
Muzzling (Schedule 4, paragraph 13);
Feeding (Schedule 4, paragraph 14(1));
Drinking water for calves (Schedule 4, paragraph 15(2)).
Schedule 6 re-enacts the provisions of Schedule 3 to 1994 Regulations, subject to modifications if the requirements are already contained in the new general conditions in Schedule 1 to these Regulations.
A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. A copy of it may be obtained from the Scottish Executive Rural Affairs Department, Animal Health and Welfare Branch, Room 350, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.