OpenLegislation

The Cattle Identification (Scotland) Amendment Regulations 2007

S.S.I. 2007/312 · Made 5 June 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ANIMALS

ANIMAL HEALTH

Made 5th June 2007

Laid before the Scottish Parliament 7th June 2007

Coming into force 29th June 2007

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3) and section 27 of the Legislative and Regulatory Reform Act 2006 (c. 51). The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Cattle Identification (Scotland) Regulations 2007
  3. 3Amendment of the Cattle Identification (Scotland) Regulations 2007
  4. 4Amendment of the Cattle Identification (Scotland) Regulations 2007
  5. 5Amendment of the Cattle Identification (Scotland) Regulations 2007
  6. 6Amendment of the Cattle Identification (Scotland) Regulations 2007
  7. 7Amendment of the Cattle Identification (Scotland) Regulations 2007
  8. Signature
  9. Explanatory note

1Citation and commencement

These Regulations may be cited as the Cattle Identification (Scotland) Amendment Regulations 2007 and shall come into force on 29th June 2007.

2Amendment of the Cattle Identification (Scotland) Regulations 2007

The Cattle Identification (Scotland) Regulations 2007f1 are amended in accordance with regulations 3 to 7.

3Amendment of the Cattle Identification (Scotland) Regulations 2007

In regulation 4 (notification by keepers)–

(a)

in paragraph (2), for “in accordance” substitute “under”; and

(b)

after paragraph (2) insert–

“(3)

Failure to comply with this regulation is an offence.”.

4Amendment of the Cattle Identification (Scotland) Regulations 2007

At the end of regulations 11 (power to restrict movements) and 12(2) (slaughter of animals without identification), insert “, and failure to comply with such notice is an offence”.

5Amendment of the Cattle Identification (Scotland) Regulations 2007

In Schedule 2, paragraph 2(2) (notification of movement), after “moved” insert “on to or”.

6Amendment of the Cattle Identification (Scotland) Regulations 2007

In Schedule 3, for paragraph 7(5) (replacement cattle passports), substitute–

“(5)

Failure to comply with sub-paragraph (1) or (4) is an offence.”.

7Amendment of the Cattle Identification (Scotland) Regulations 2007

For paragraphs 12 and 13 of Schedule 3 (alteration and misuse of documents), substitute–

“Alteration

12

It is an offence to alter any information in an identification document, movement card or movement document with intent to deceive, or to deface such a document.

Misuse

13

It is an offence to use an identification document, movement card or movement document in relation to an animal other than the animal for which it was issued.”.

Signature

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

5th June 2007

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Cattle Identification (Scotland) Regulations 2007 (S.S.I. 2007/174) (“the principal Regulations”).

Regulation 3 creates an offence of failing to comply with regulation 4 of the principal Regulations (notification by keepers).

Regulation 4 creates offences of failing to comply with a notice served under regulation 11 of the principal Regulations (power to restrict movements) or a notice served under regulation 12(2) of the principal Regulations (slaughter of animals without identification).

Regulation 5 amends paragraph 2(2) of Schedule 2 to the principal Regulations (notification of movement) to clarify the time limit for notification of movement on to holdings.

Regulation 6 clarifies the offence provision at paragraph 7(5) of Schedule 3 to the principal Regulations (replacement cattle passports).

Regulation 7 amends paragraphs 12 and 13 of Schedule 3 to the principal Regulations (alteration and misuse) to include movement cards and movement documents.

A Regulatory Impact Assessment has not been produced for this instrument because it has no impact on the costs of business.