The Welfare of Animals at the Time of Killing (Scotland) Regulations 2012
Scottish Statutory Instrument 2012 No. 321 — creates 5 criminal offences.
- Made
- 22 November 2012
- In force from
- 1 January 2013
- Extent
- Not stated
- Subject
- TV licensing, fare evasion and school attendance
- Made under
- European Communities Act 1972, Finance Act 1973, Schedule2 to, the 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.
The Regulations make provision in Scotland for the administration and enforcement of Council Regulation (EC) No 1099/2009 on the protection of animals at the time of killing (“the EU Regulation”) and certain national rules maintained under Article 26(1) and (2) of the EU Regulation. Part 1 is introductory and includes definitions and designates the competent authority responsible for various functions under the Regulations. Part 2 requires persons to obtain a certificate of competence or temporary certificate of competence before carrying out the killing of animals and related operations. The Regulations also provide for the refusal, suspension or revocation of certificates of competence or temporary certificates of competence and for the right to appeal against a decision to refuse, suspend or revoke them. Part 3 and Schedule 1 set out national rules that have been maintained in accordance with Article26(1) of the EU Regulation to maintain high levels of protection of animals at the time of killing. Part 4 places an obligation on the competent authority to publish a notice in writing if the competent authority grants a derogation from specified provisions of the EU Regulation for a depopulation operation. Part 5 contains provisions relating to enforcement. Authorised persons, appointed by the Scottish Ministers or the Food Standards Agency, are given powers to require compliance with these Regulations and the EU Regulation, including powers of entry and seizure and powers to issue enforcement notices. Breaching an enforcement notice and obstructing authorised persons is an offence. Part 6 sets out the offences for contravening these Regulations or the EU Regulation. Regulation24 sets out the penalties on summary conviction. Part 7 sets out rules for appeals. Part 8 provides for notices, transitional provisions, consequential amendments, repeals and revocations. The Regulations revoke PartII of, and Schedules2, 3, 4, 5, 6, 7 and 8 to the Welfare of Animals (Slaughter or Killing) Regulations 1995 insofar as they apply to slaughterhouses. A business and regulatory impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Directorate for Agriculture, Food and Rural Communities, Animal Health and Welfare Division, Saughton House, Broomhouse Drive, Edinburgh EH11 3XG.
Offences created by this instrument
- A person commits an offence if the person contravenes any of the following provisions— a regulation 4(1) or (2)… regulation 22(1) · Status not determined · Strict liability
- A person commits an offence if the person fails to comply with an enforcement notice served under regulation 21 regulation 22(2) · Status not determined · Strict liability
- A person commits an offence if the person— a intentionally obstructs a person acting in execution of the EU Regulation… regulation 22(3) · Status not determined · Requires proof of a state of mind
- A person commits an offence if the person provides information or makes a declaration, knowing it to be false or… regulation 22(4) · Status not determined · Requires proof of a state of mind
- Bodies corporate, Scottish partnerships and unincorporated associations regulation 23(1) · Status not determined · Strict liability
What Parliament said about it
Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.
- Equine Slaughterhouses (CCTV)
Commons · Westminster Hall · 29 November 2016 · Dr Monaghan
I agree with my hon. Friend. CCTV is an important initiative that will contribute to animal welfare across all the nations of the UK. The practice of slaughtering horses in abattoirs is clearly relatively common, as is the gratuitous cruelty. That is a vital consideration, particularly given that 40% of horse owners state that the cost of euthanasia is too high, which leaves slaughterhouses as the only affordable alternative for their companion animals. As my hon. Friend has said, no abattoir in Scotland is currently licensed to slaughter horses. Nevertheless, the Welfare of Animals at the…
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.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2012