Title, commencement and application
1. The title of these Regulations is the Mutilations (Permitted Procedures) (Wales) Regulations 2007. They apply in relation to Wales and come into force on 28 March 2007.
Interpretation
2. In these Regulations—
“the Act” (“y Ddeddf”) means the Animal Welfare Act 2006;
“cattle” (“gwartheg”) means all animals of the bovine species including bison and buffalo;
“desnooding” (“torri crogrib”) means removal of a turkey’s snood;
“disbudding” (“dadimpio”) means removal of the horn bud of cattle, goats or sheep;
“domestic fowl” (“ffowlyn domestig”) means a domesticated member of the species gallus gallus;
“dubbing” (“torri crib”) means removal of the comb of a domestic fowl;
“farmed” (“a ffermir”) means an animal bred or kept for the production of food, wool or skin or for other farming purposes;
“horses” (“ceffylau”) includes ponies, asses, donkeys, jennets and mules;
“in velvet” (“yn bwrw eu melfed”) means, in relation to the antlers of a deer, until the velvet is frayed and the greater part of it has been shed;
“laying hen” (“iâr ddodwy”) means a hen of the species Gallus gallus which has reached laying maturity and is kept for production of eggs not intended for hatching;
“poultry” (“dofednod”) means domestic fowl, turkeys, geese, ducks, guinea fowl, quails, pheasants and partridges;
“prohibited procedure” (“triniaeth waharddedig”) means a procedure which involves interference with the sensitive tissues or bone structure of an animal, otherwise than for the purpose of its medical treatment;
“suitable instrument” (“offeryn addas”) means in relation to any procedure, an instrument that is in a fit state of repair and has been designed, or is of a kind commonly used, for the purpose of performing that procedure.
Exceptions to the prohibition on mutilations
3. Section 5(1) and (2) of the Act does not apply to a procedure listed in Schedule 1, providing that the procedure is carried out—
(a)in accordance with any relevant requirement in Schedules 2 to 9;
(b)in such a way as to minimise the pain and suffering it causes to the animal;
(c)in hygienic conditions; and
(d)in accordance with good practice.
Performance of prohibited procedures in an emergency
4.—(1) Section 5(1) and (2) of the Act does not apply where a prohibited procedure is carried out in an emergency for the purpose of saving the life or relieving the pain of the protected animal(1).
(2) Any procedure carried out under paragraph (1) must be carried out in accordance with regulation 3, so far as this is practicable in all of the circumstances.
Persons who may carry out permitted procedures
5.—(1) Any procedure permitted under regulation 3 may only be carried out by a veterinary surgeon or any other person permitted to carry out that procedure under the Veterinary Surgeons Act 1966(2) or the Veterinary Surgeons (Exemptions) Order 1962(3).
(2) The restriction in paragraph (1) does not apply to—
(a)tail docking, or
(b)castration
of pigs aged not more than 7 days.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(4).
D. Elis-Thomas
The Presiding Officer of the National Assembly
27 March 2007