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PART 1Introduction

Title, application and commencement

1.  This Order—

(a)may be cited as the Sheep and Goats (Records, Identification and Movement) (England) Order 2007;

(b)applies in England; and

(c)comes into force on 11th January 2008.

Interpretation

2.—(1) In this Order—

animal” means any animal of the ovine or caprine species;

assembly centre” means any holding, collection centre or market at which sheep or goats originating from different holdings are grouped together to form consignments of animals intended for export or which is used in the course of export;

Council Directive 92/102/EEC” means Council Directive 92/102/EEC on the identification and registration of animals(1);

the Council Regulation” means Council Regulation (EC) No. 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003 and Directives 92/102/EEC and 64/432/EEC(2);

“CPH” in the forms in Schedules 1 and 2, means the county parish holding number assigned to any premises or part of any premises by the Secretary of State;

export” means sending to another member State or a third country;

flockmark” means the number allocated by the Secretary of State in respect of a flock of sheep on a holding;

herdmark” means the number allocated by the Secretary of State in respect of a herd of goats on a holding;

holding” has the meaning given in Article 2 of the Council Regulation;

holding of origin” means the holding on which an animal was present immediately before moving to an assembly centre or, where an animal is consigned for export other than through an assembly centre, the holding on which an animal is present immediately prior to export;

identification code” means the code set out on a means of identification as required under this Order;

identification tag” means an eartag approved by the Secretary of State in accordance with article 11 bearing the information set out in sub-paragraphs (a) to (c) of article 5(5);

identification mark” means a method of identification applied in another member State, a means of identification or an older means of identification;

inspector” means a person appointed to be an inspector for the purposes of this Order by the Secretary of State or a local authority;

keeper” has the meaning given in Article 2 of the Council Regulation;

local authority” means—

(a)

where there is, within the meaning of the Local Government Changes for England Regulations 1994(3), a unitary authority for a local government area, that authority;

(b)

where there is not a unitary authority—

(i)

in a metropolitan district, the council of that district;

(ii)

in a non-metropolitan county, the council of that county; or

(iii)

in each London borough, the council of that borough;

(iv)

in the city of London, the Common Council;

market operator” means a person responsible for managing the reception or the sale of animals in a market or a duly authorised representative of such a person;

means of identification” means an identification tag or a tattoo;

method of identification” means an eartag or tattoo applied in another member State or a third country;

movement document” means the movement document required by Article 6 of the Council Regulation;

older means of identification” means an eartag or tattoo applied under the previous Orders;

the previous Orders” means—

(a)

the Sheep and Goats (Records, Identification and Movement) (England) Order 2005(4);

(b)

the Sheep and Goats Identification and Movement (Interim Measures) (England) (No.2) Order 2002(5);

(c)

the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002(6);

(d)

the Sheep and Goats Identification (England) Order 2000(7);

(e)

the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2006(8);

(f)

the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No.2) Order 2002(9);

(g)

the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002(10);

(h)

the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 2002(11);

(i)

the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2005(12);

(j)

the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004(13);

(k)

the Identification and Movement of Sheep and Goats Order (Northern Ireland) 1997(14);

(l)

the Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006(15);

(m)

the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002(16);

(n)

the Sheep and Goats Identification (Scotland) Regulations 2000(17); or

register” means the register required by Article 5 of the Council Regulation and in the form set out in Schedule 1;

replacement means of identification” means a replacement tag or replacement tattoo;

replacement tag” means a red eartag approved by the Secretary of State in accordance with article 11 with a code comprising the following information, printed in the following order—

(a)

the letters “UK”;

(b)

the flockmark or herdmark of the flock or herd the animal is in when the identification tag is applied;

(c)

a unique number; and

(d)

the letter “R”;

replacement tattoo” means a tattoo comprising the following information, printed in the following order—

(a)

the letters “UK”;

(b)

the flockmark or herdmark of the flock or herd the animal is in when the tattoo is applied;

(c)

a unique number; and

(d)

the letter “R”;

slaughterhouse operator” means a person carrying on the business of a slaughterhouse or the duly authorised representative of such a person;

unique number” means a number that is unique to an animal in a flock or herd and contains no more than 6 digits.

(2) Expressions not defined in paragraph (1) which are used in this Order and which are also used in the Council Regulation have the same meaning in this Order as they have in that Regulation.

Competent authority

3.  The Secretary of State is the competent authority for the purposes of the Council Regulation.

Authorisations

4.  Any authorisations or approvals issued under this Order or the Council Regulation must be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice at any time.

(1)

OJ No L 355, 5.12.92, p.32.

(2)

OJ No L 5, 9.1.04, p. 8 to which there are amendments not relevant to this Order.

(3)

S.I. 1994/867 to which there are amendments not relevant to this Order.

(4)

S.I. 2005/3100, amended by S.I 2006/2987.

(7)

S.I. 2000/2027, amended by S.I. 2001/281.

(15)

S.S.I 2006/73 amended by S.S.I 2006/594.

(16)

S.S.I 2002/38, amended by S.S.I 2002/221.