Draft Regulations laid before the Scottish Parliament under section 51(3) of the Animal Health and Welfare (Scotland) Act 2006 for approval by resolution of the Scottish Parliament.

2016 No. 

Animals

The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2016

Made

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 20(5)(b) of the Animal Health and Welfare (Scotland) Act 20061 and all other powers enabling them to do so.

In accordance with section 20(6) of that Act, they have consulted such persons appearing to them to represent relevant interests and such other persons as they consider appropriate.

In accordance with section 51(3) of that Act, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement1

These Regulations may be cited as the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2016 and come into force on the day after the day on which they are made.

Amendment of the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 20102

1

The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 20102 are amended as follows.

2

In schedule 1 (bovine animals), in the entry relating to ear tagging, for the entry in column 2 (purpose) substitute—

1.

Identification;

2.

Screening or routine or random testing for disease; or

3.

Genetic analysis.

Revocation3

Regulation 2(2) of the Prohibited Procedures on Protected Animals (Exemptions) Scotland Amendment Regulations 20123 is revoked.

NameA member of the Scottish GovernmentSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 20 of the Animal Health and Welfare (Scotland) Act 2006 (“the 2006 Act”) provides that it is an offence for a person to carry out a prohibited procedure on a protected animal, unless the procedure is carried out for the purpose of medical treatment of the animal or is specified in regulations. The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2010 (“the principal Regulations”) specify procedures which are not carried out for the purpose of medical treatment of an animal and to which section 20 of the 2006 Act does not apply.

Regulation 2 of these Regulations amend the principal Regulations to allow the ear tagging of bovine animals for the purpose of genetic analysis, in addition to the purposes of identification and the screening or routine or random testing of those animals for disease (as currently).

Regulation 3 of these Regulations revokes regulation 2(2) of the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2012.