The Equine Identification (Wales) Regulations 2019

Welsh Statutory Instrument 2019 No. 57 — creates 11 criminal offences.

11offences created

0recorded in force

0revoked

Made: 15 January 2019
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 Regulations) — 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 Wales. They provide for the identification of equines, and replace the Equine Identification (Wales) Regulations 2009 (S.I. 2009/2470) (W. 199). Part 2 of the Regulations contains provisions which set out various administrative and procedural requirements. In particular, regulation 3 designates the Welsh Ministers 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 equines and the identification document in relation to an equine. Part 3 sets out various exceptions in relation to equines living under wild or semi-wild conditions. 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 appointed by the Welsh Ministers or an enforcing authority. In particular, regulation 35 provides that enforcing 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 authorities. Part 7 contains a provision for the revocation of the Equine Identification (Wales) Regulations 2009. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff CF10 3NQ.

Offences created by this instrument

General regulation 22(1) · Status not determined · Strict liability
General regulation 22(2) · Status not determined · Strict liability
General regulation 22(3) · Status not determined · Strict liability
General regulation 22(4) · Status not determined · Strict liability
Withholding ID from the responsible person regulation 23 · Status not determined · Strict liability
Provision of false or misleading information regulation 24 · Status not determined · Strict liability
Possession of a forged ID regulation 25(1) · Status not determined · Requires proof of a state of mind
Improper destruction, defacement or alteration, etc regulation 26 · 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 27 · Status not determined · Requires proof of a state of mind
Obstruction regulation 28 · Status not determined · Requires proof of a state of mind
Choosing to pursue civil sanctions instead of criminal penalties regulation 35(1) · Status not determined · Strict liability

What Parliament said about it

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How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2019