UK Offence Report

The Welfare of Farmed Animals (Scotland) Regulations 2010

Scottish Statutory Instrument 2010 No. 388 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
4 November 2010
In force from
Not determined
Extent
Not stated
Subject
TV licensing, fare evasion and school attendance
Made under
Animal Health and Welfare (Scotland) Act 2006

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which extend to Scotland only, revoke and replace (with amendments): The Welfare of Farmed Animals (Scotland) Regulations 2000; The Welfare of Farmed Animals (Scotland) Amendment Regulations 2002; and The Welfare of Farmed Animals (Scotland) Amendment Regulations 2003. The Regulations implement the following EU legislation:— Council Directive 98/58/EC concerning the protection of animals kept for farming purposes; Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens; Council Directive 2007/43/EC laying down minimum rules for the protection of chickens kept for meat production; Council Directive 2008/119/EC laying down minimum standards for the protection of calves; and Council Directive 2008/120/EC laying down minimum standards for the protection of pigs. These Regulations and the EU legislation which they implement reflect the obligations contained in the European Convention for the Protection of Animals kept for Farming Purposes of 10thMarch 1976 (European Treaty series No. 98), as read with the Protocol of Amendment to the European Convention for the Protection of Animals kept for Farming Purposes of 6thFebruary 1992 (European Treaty series No. 145). Regulation 4 provides that the Scottish Ministers are the competent authority. The Regulations apply to “farmed animals”, namely to all animals kept for farming purposes, subject to certain limited exceptions set out in regulation 3(2). A “person responsible” for an animal takes its meaning from section 18 of the Animal Health and Welfare (Scotland) Act 2006, which includes a person responsible for an animal on a permanent or temporary basis, a person who is in charge of an animal, an owner of an animal and a person with actual care and control of a child under the age of 16 years who is responsible for an animal; and includes a keeper of animals. The Regulations provide for general requirements which apply in the case of farmed animals (regulation5 and Schedule1) and for specific additional requirements which apply in the cases of conventionally reared meat chickens (regulation 6(1)(a) and Schedule 2), laying hens in certain circumstances (regulation6(1)(b) and Schedule3), calves (regulation6(1)(c) and Schedule4), cattle (regulation6(1)(d) and Schedule5), pigs (regulation6(1)(e) and Schedule6) and rabbits (regulation6(1)(f) and Schedule7). Regulation7 contains provisions to ensure that those in charge of animals access the animal welfare codes issued under section37 of the Animal Health and Welfare (Scotland) Act 2006 (which include codes issued under section3 of the Agriculture (Miscellaneous Provisions) Act 1968) and are acquainted with those codes. Regulation 8 sets out the powers of an inspector; regulation 9 makes it an offence to obstruct an inspector and regulation 10 provides for an inspector to be accompanied by a representative of the European Commission for the purpose of enforcing EU legislation. Under regulation11(1), any contravention of, or failure to comply with, the Regulations is an offence. The maximum penalty for such an offence is 3months imprisonment and/or a fine at level4 on the standard scale. Regulation 12 makes provision for enforcement. Regulation 13 and Schedule 8 revoke the instruments replaced by these Regulations and regulation 14 saves the Welfare of Farmed Animals (Scotland) Regulations 2000 in relation to any notices served and offences committed before the coming into force of these Regulations. Schedule1 provides for general conditions under which farmed animals must be kept. Schedule2 provides for additional conditions that apply to the keeping of conventionally reared meat chickens. Schedule3 provides for additional conditions that apply to the keeping of laying hens. Schedule4 provides for additional conditions that apply to the keeping of calves confined for rearing and fattening. Schedule 5 provides for additional conditions that apply to the keeping of cattle. Schedule6 provides for additional conditions that apply to the keeping of pigs. Schedule 7 provides for additional conditions that apply to the keeping of rabbits. A Regulatory Impact Assessment in relation to conventionally reared meat chickens has been prepared and placed in the Scottish Parliament Information Centre. A copy of it may be obtained from the Scottish Government Rural and Environment Directorate, Animal Health and Welfare Division, Saughton House, BroomhouseDrive, Edinburgh EH113XD.

Offences created by this instrument

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