PART 1Introductory provisions

Interpretation2

1

In these Regulations–

  • “cattle passport” (except in paragraphs 2(1)(b), 17 and 19 of Schedule 3) means–

    1. a

      a passport issued in Scotland, England or Wales under Council Regulation (EC) No. 820/97 or Regulation (EC) No. 1760/2000; or

    2. b

      a cattle passport issued under the Cattle Passports Order 19963;

  • “Commission Regulation (EC) No. 494/98” means Commission Regulation (EC) No. 494/98 laying down detailed rules for the implementation of Council Regulation (EC) No. 820/97 as regards the application of minimum administrative sanctions in the framework of the system for the identification and registration of bovine animals4;

  • “Commission Regulation (EC) No. 509/1999” means Commission Regulation (EC) No. 509/1999 concerning an extension of the maximum period laid down for the application of ear-tags to bison (Bison bison spp.)5;

  • “Commission Regulation (EC) No. 911/2004” means Commission Regulation (EC) No. 911/2004 implementing Regulation (EC) No. 1760/2000 of the European Parliament and of the Council as regards ear tags, passports and holding registers6;

  • “Commission Regulation (EC) No. 644/2005” means Commission Regulation (EC) No. 644/2005 authorising a special identification system for bovine animals kept for cultural and historical purposes on approved premises as provided for in Regulation (EC) No. 1760/2000 of the European Parliament and of the Council7;

  • “Community legislation” means Commission Regulation (EC) No. 494/98, Commission Regulation (EC) No. 509/1999, Commission Regulation (EC) No. 911/2004, Commission Regulation (EC) No. 644/2005 and Regulation (EC) No. 1760/2000;

  • “Council Regulation (EC) No. 820/97” means Council Regulation (EC) No. 820/97 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products8;

  • “identification document” means–

    1. a

      a cattle passport;

    2. b

      a certificate of registration issued under regulation 5(3) of the Cattle (Identification of Older Animals) (Scotland) Regulations 20019; or

    3. c

      a notice of registration;

  • “inspector” means a person appointed as such for the purposes of these Regulations by the Scottish Ministers or a local authority;

  • “local authority” means a council constituted under section 2 of the Local Government etc (Scotland) Act 199410;

  • “movement card” means a movement card issued under regulation 5(3) or 6(3) of the Cattle (Identification of Older Animals) (Scotland) Regulations 2001;

  • “movement document” means a document issued in relation to an animal in a third country without which the animal cannot be moved from that third country;

  • “notice of registration” means a document issued by the Scottish Ministers confirming that an animal has been registered in the database set up in accordance with Article 5 of Regulation (EC) No. 1760/2000;

  • “previous cattle tagging legislation” means–

    1. a

      the Cattle Identification Regulations 199811;

    2. b

      the Bovine Animals (Records, Identification and Movement) Order 199512;

    3. c

      the Bovine Animals (Identification, Marking and Breeding Records) Order 199013;

    4. d

      the Tuberculosis (England and Wales) Order 198414; and

    5. e

      the Tuberculosis (Scotland) Order 198415;

  • “primary ear tag” means an ear tag approved by the Scottish Ministers and meeting the requirements of Articles 2 and 3 of Commission Regulation (EC) No. 911/2004;

  • “Regulation (EC) No. 1760/2000” means Regulation (EC) No. 1760/2000 of the European Parliament and of the Council (establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/9716); and

  • “secondary ear tag” means an ear tag of a model and material approved by the Scottish Ministers in accordance with Article 4 of Commission Regulation (EC) No. 911/2004.

2

Expressions in these Regulations that appear in the Community legislation have the same meaning in these Regulations as they have for the purposes of that legislation.

3

Any approval, authorisation, licence, notice or registration issued under–

a

these Regulations,

b

Regulation (EC) No. 1760/2000;

c

Commission Regulation (EC) No. 911/2004; or

d

Commission Regulation (EC) No. 644/2005;

shall be in writing, may be made subject to conditions and may be amended or revoked by notice in writing at any time.

4

Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 200017, that has been recorded and is consequently capable of being reproduced.