The Equine Identification (England) Regulations 2018

UK Statutory Instrument 2018 No. 761 — creates 11 criminal offences.

11offences created

0recorded in force

0revoked

Made: 22 June 2018
In force from: Not determined
Extent: Not stated
Subject: Dogs, animals, hunting and wildlife
Made under: European Communities Act 1972

Explanatory note

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

These Regulations supplement, and make provision for the enforcement, of Commission Implementing Regulation (EU) 2015/262 (the “EU Regulation”) in England. They provide for the identification of equine animals, and replace the Horse Passports Regulations 2009 (S.I. 2009/1611). Part 2 of the Regulations contains provisions which set out various administrative and procedural requirements. In particular, regulation 3 designates the Secretary of State as the competent authority and the zootechnical authority for the purposes of the EU Regulation. Other provisions in Part 2 set out various requirements in relation to the identification of equine animals and the identity document in relation to an equine animal. Part 3 sets out various exceptions in relation to wild or semi-wild equine animals. Part 4 sets out various criminal offences for breach of provisions of these Regulations and the EU Regulation. Part 5 contains provisions about enforcement and penalties and gives powers to inspectors of enforcing local authorities. In particular, regulation 37 provides that enforcing local authorities may choose to apply civil sanctions instead of criminal penalties where they are sure that an offence has been committed. Part 6 then sets out the civil sanctions that are available to enforcing local authorities. Part 7 sets out miscellaneous provisions, in particular for the review of these Regulations and the revocation of the Horse Passports Regulations 2009. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Offences created by this instrument

General regulation 24(1) · Status not determined · Strict liability
General regulation 24(2) · Status not determined · Strict liability
General regulation 24(3) · Status not determined · Strict liability
General regulation 24(5) · Status not determined · Strict liability
Withholding ID from the responsible person regulation 25 · Status not determined · Strict liability
Provision of false or misleading information regulation 26 · Status not determined · Strict liability
Possession of a forged ID regulation 27(1) · Status not determined · Requires proof of a state of mind
Improper destruction, defacement or alteration, etc regulation 28 · Status not determined · Strict liability
A person is guilty of an offence if the person knowingly— a implants, or attempts to implant, into an equine, a device… regulation 29 · Status not determined · Requires proof of a state of mind
Obstruction regulation 30 · Status not determined · Requires proof of a state of mind
Choosing to pursue civil sanctions instead of criminal penalties regulation 37(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.

Draft Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 Commons · General Committees · 18 February 2019 · David Rutley
The right hon. Lady makes a good point, to which I will come back later. Clearly, provision is in place under the Animal Welfare Act 2006, and in recent years we have made other changes that make it easier to address the issue of stray horses, but also those that have been tethered. We will need to take further steps in that direction. The draft regulations ensure that the food chain continues to be protected and that the contribution of equine identification to animal welfare and biosecurity continues to be made. EU law requires that equines be identified by way of a passport. In most…
Equine (Records, Identification and Movement) (Amendment) (EU Exit) Regulations 2019 Lords · Grand Committee · 20 February 2019 · Lord Gardiner of Kimble
My Lords, I am most grateful again for this very constructive debate. Some of the issues have gone beyond the instrument itself, but I am delighted to answer as many of them as I can. If there are points of detail to follow up, I will ensure that we do so. In reply to the noble Baroness, Lady Parminter, and the noble Lord, Lord Trees—in fact all of your Lordships, because this is something that we all care desperately about—this SI absolutely is about the continuation of the existing high standards of biosecurity and equine health. There is no change to anything at all in these technical and…
Animal Welfare (Kept Animals) Bill Commons · Commons Chamber · 25 October 2021 · Paul Maynard (Blackpool North and Cleveleys) (Con)
It is a pleasure to be able to speak in this debate on a Bill, because this place has spent 38 years only talking about these measures. We have heard a lot today about the impact of lockdown on our pet population, but I want to focus on the need—currently not addressed in the Bill—to require animal sanctuaries, rescue and rehoming centres to be licensed. As the RSPCA says: “Most will have been set up by incredibly energetic individuals devoted to animal welfare. But one thing they all have in common is that no-one is checking they have the skills, resources and knowledge to provide the right…

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure: Made negative — law unless a motion to stop it succeeded
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Committee: Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

Instrument created 22 June 2018
Instrument made (signed into law) 22 June 2018
Laid before the House of Commons 25 June 2018 · Commons
Laid before the House of Lords 25 June 2018 · Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 10 July 2018 · Lords
Information paragraph provided by the Secondary Legislation Scrutiny Committee (SLSC) 10 July 2018 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 5 September 2018 · Commons, Lords
Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 5 September 2018 · Commons, Lords
Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it is defectively drafted 5 September 2018 · Commons, Lords
Objection period ends 13 September 2018
Instrument remains law 13 September 2018
Procedure concluded in the House of Commons and the House of Lords 13 September 2018 · Commons, Lords
Instrument comes into force as law Date not recorded

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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