The Artificial Insemination of Cattle (Animal Health) (Amendment) (England) Regulations 2002

Statutory Instruments

2002 No. 824

AGRICULTURE, ENGLAND

LIVESTOCK INDUSTRIES

The Artificial Insemination of Cattle (Animal Health) (Amendment) (England) Regulations 2002

Made

26th March 2002

Laid before Parliament

26th March 2002

Coming into force

18th April 2002

The Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred upon her by sections 10(1) and 10(2)(a) of the Animal Health and Welfare Act 1984(1), hereby makes the following Regulations:

Title, commencement and extent

1.—(1) These Regulations may be cited as the Artificial Insemination of Cattle (Animal Health) (Amendment) (England) Regulations 2002 and shall come into force on 18th April 2002.

(2) These Regulations shall apply to England only.

Amendments to the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985

2.—(1) The Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985(2) shall be amended in accordance with the remaining paragraphs of this regulation.

(2) In paragraph (1) of regulation 2 (interpretation)—

(a) after the definition of “embryo transfer unit”, there shall be inserted the following definition—

““emergency licence” means an emergency licence issued under the Artificial Insemination of Cattle (Emergency Licences) (England) Regulations 2001(3) or the Artificial Insemination of Cattle (Emergency Licences) (Wales) Regulations 2001(4);”;

(b) after the definition of “semen shop licence”, there shall be inserted the following definition—

““special acceptance licence” means a licence issued under regulation 7(1)(j);”; and

(c) after the definition of “special movement licence”, there shall be inserted the following definition—

““special transfer licence” means a licence issued under regulation 7(1)(i);”.

(3) In regulation 4 (application of regulations), for paragraph (3A), there shall be substituted the following paragraph—

“(3A) These regulations shall not apply to anything done in accordance with the conditions of an emergency licence.”.

(4) In regulation 7 (licences)—

(a) in paragraph (1)—

(i) at the end of sub-paragraph (g), for the full stop, a semi-colon shall be substituted;

(ii) at the end of sub-paragraph (h), for the full stop, a semi-colon shall be substituted; and

(iii) after sub-paragraph (h), there shall be added the following sub-paragraphs—

“(i) a special transfer licence; and

(j) a special acceptance licence.”.

(b) after paragraph (9A), there shall be added the following paragraphs—

“(9B) A special transfer licence shall authorise the licensee to move or cause or permit to be moved semen collected and processed in accordance with an emergency licence from a farm storage unit specified in the special transfer licence to a supply centre so specified.

(9C) A special acceptance licence shall authorise the licensee to accept semen—

(a) at a supply centre specified in that licence; and

(b) in accordance with the provisions of regulation 21(d).”.

(5) In regulation 21 (acceptance of semen for supply)—

(a) at the end of paragraph (a), the word “or” shall be deleted;

(b) at the end of paragraph (b), the word “or” shall be deleted;

(c) at the end of paragraph (c)—

(i) for the full stop, a semi-colon shall be substituted, and

(ii) there shall be added the word “or”; and

(d) after paragraph (c), there shall be added the following paragraph—

“(d) the semen—

(i) was collected and processed in accordance with the conditions of an emergency licence from a bull that has been approved in accordance with regulation 5 (whether the bull was approved at the time of collection or subsequently),

(ii) has subsequently been stored in accordance with the conditions of an emergency licence or a farm storage licence,

(iii) has been moved in accordance with the conditions of a special transfer licence, and

(iv) is accepted in accordance with the conditions of a special acceptance licence.”.

(6) In regulation 24 (general prohibition on use of semen)—

(a) for paragraph (a), there shall be substituted the following paragraph—

“(a) that semen—

(i) has been obtained from a supply centre or a semen shop from which the semen was moved in accordance with the provisions of these Regulations or in accordance with the conditions of an emergency licence,

(ii) has been obtained from a processing centre from which the semen was moved in accordance with the provisions of these Regulations or in accordance with the conditions of either a special movement licence or an emergency licence, or

(iii) was collected and processed in accordance with the conditions of an emergency licence, and”;

(b) in paragraph (b)(iv), after the words “Agricultural Training Board”, there shall be inserted the words “or the Secretary of State”.

Elliot Morley

Parliamentary Under-Secretary of State,

Department for Environment, Food and Rural Affairs

26th March 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to England only, further amend the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 (S.I. 1985/1861) (referred to in this note as the 1985 Regulations).

The Regulations make provisions relating to the expiry of emergency licences issued under the Artificial Insemination of Cattle (Emergency Licences) (England) Regulations 2001 (S.I. 2001/1513) during the recent outbreak of foot-and-mouth disease and to the recognition by the Secretary of State of training courses in the artificial insemination of cattle.

Regulation 2(2) of these Regulations inserts new definitions of “emergency licence”, “special acceptance licence” and “special transfer licence” into regulation 2(1) of the 1985 Regulations.

Regulation 2(3) substitutes a new regulation 4(3A) of the 1985 Regulations to reflect the new definition of “emergency licence”.

Regulations 2(4) amends regulation 7 of the 1985 Regulations to provide for the issue of special transfer licences and special acceptance licences.

Regulation 2(5) amends regulation 21 of the 1985 Regulations to permit (subject to conditions) the acceptance for supply of semen collected and processed in accordance with an emergency licence.

Regulation 2(6) amends regulation 24 of the 1985 Regulations to permit the use of semen collected or moved in accordance with an emergency licence and to permit the use of semen by persons who have undergone training courses recognised by the Secretary of State.

A Regulatory Impact Assessment has not been prepared in respect of these Regulations.

(1)

1984 c. 40. See section 10(8) for the definition of “appropriate Minister”.

(2)

S.I. 1985/1861: relevant amendments in relation to England are S.I. 1992/671, S.I. 1995/2549, S.I. 1996/3124, S.I. 2001/380 and S.I. 2001/1513.

(3)

S.I. 2001/1513.

(4)

S.I. 2001/1539.