The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers under section 20(5)(b) and (c) of the Animal Health and Welfare (Scotland) Act 2006 (“the Act”) which enables the Scottish Ministers to specify procedures to which section 20 of the Act shall not apply.

Section 20(1) of the Act makes it an offence to carry out or cause to be carried out a prohibited procedure on a protected animal. (Section 17 of the Act defines “a protected animal” as being an animal which is “of a kind which is commonly domesticated in the British Islands, under the control of man on a permanent or temporary basis, or not living in a wild state”.) Section 20(2) makes it an offence or permit or fail to take reasonable steps to prevent a prohibited procedure being carried out on a protected animal. Section 20(3) makes it an offence to take or cause to be taken an animal from a place in Scotland for the purposes of having a prohibited procedure carried out on that animal outwith Scotland.

A prohibited procedure is a procedure which involves the interference with the sensitive tissues or bone structure of an animal in terms of section 20(4) of the Act. Section 20(5)(a) provides that section 20 does not apply to procedures where they are carried out for the purpose of the medical treatment of an animal.

These Regulations specify exempted procedures to which section 20 will not apply provided they are carried for a specified purpose, in accordance with any specified conditions and in accordance with good practice (regulation 3). (Regulation 2 defines “exempted procedure”, “specified purpose” and “specified condition”.)

Schedules 1 to 12 list, by type of animals, the procedures exempted, the purposes for which those procedures may be carried out and any applicable conditions.

Schedule 13 lists the instruments which are revoked by these Regulations.

These Regulations also partially implement Council Directive 91/630/EEC of 19 November 1991 laying down minimum standards for the protection of pigs (O.J. L340, 11.12.1991, p.33) as amended by Council Directive 2001/88/EC of 23 October 2001 (O.J. L316, 1.12.2001, p.1), Commission Directive 2001/93/EC of 9 November 2001 (O.J. L316, 1.12.2001, p.36) and Council Regulation (EC) 806/2003 of 14 April 2003 (O.J. L122, 16.5.2003, p.1) and Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens (O.J. L203, 3.8.1999, p.53), as also amended by Council Regulation (EC) 806/2003 of 14 April 2003. The provisions of both of these Directives now being implemented by these Regulations were previously implemented by the Welfare of Farmed Animals (Scotland) Regulations 2000.

The restrictions on the performance of acts of veterinary surgery set out in the Veterinary Surgeons Act 1966 and related provisions are unaffected by these Regulations.

The provisions on the performance of operations on animals without the use of anaesthetics in the Protection of Animals (Anaesthetics) Act 1954 (c. 46), the Protection of Animals (Anaesthetics) Act 1964 (c. 39) and related instruments are unaffected by these Regulations.

These Regulations come into force on the day after the day on which they are made.

A Regulatory Impact Assessment of the effect which this instrument will have on the costs of business has been prepared and placed in the Scottish Parliament reference centre. Copies of the Regulatory Impact Assessment are available from the offices of the Scottish Executive Environment and Rural Affairs Department at Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY.