The Cattle Identification (Scotland) Amendment Regulations 2011

Scottish Statutory Instrument 2011 No. 412 — creates 2 criminal offences.

2offences created

0recorded in force

0revoked

Made: 22 November 2011
In force from: 31 December 2011
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: European Communities Act 1972

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 amend the Cattle Identification (Scotland) Regulations 2007 (“the principal Regulations”). Regulations2(2) and 2(4) implement Commission Regulation (EU) No. 1053/2010 amending Regulation (EC) No. 494/98 as regards administrative sanctions in cases of failure to prove the identification of an animal (OJ L 303, 19.11.2010, p.1). It provides that, if a keeper of an animal cannot prove its identification and traceability, the Scottish Ministers may, on the basis of an assessment of the animal health and food safety risks, order the destruction of the animal without compensation. Regulation2(3) inserts into the principal Regulations a new regulation 10A, that gives inspectors the power to apply to a sheriff or a justice of the peace for a warrant for entry into premises for enforcement purposes. Regulation 2(5) substitutes paragraph 3 of Schedule 2 to the principal Regulations, concerning notification of death. The new provision provides for a seven day period for reporting the death of an animal and returning its cattle passport or other identification document to the Scottish Ministers and provides methods of reporting on-farm deaths of animals. Regulation 3 inserts a saving provision. No business regulatory impact assessment has been prepared for these Regulations as no impact upon businesses, charities or voluntary bodies is foreseen.

Offences created by this instrument

Slaughter of animals without identification and traceability regulation 12(2) · Status not determined · Strict liability
Notification of death regulation 3(4) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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