2023 No. 370
The Bovine Semen (Scotland) Amendment Regulations 2023
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 10(1) and (2) of the Animal Health and Welfare Act 19841 and all other powers enabling them to do so.
Citation and commencement1
These Regulations may be cited as the Bovine Semen (Scotland) Amendment Regulations 2023 and come into force on 2 February 2024.
Amendment of the Bovine Semen (Scotland) Regulations 20072
The Bovine Semen (Scotland) Regulations 20072 are amended in accordance with regulations 3 to 16.
Amendment of regulation 2 (interpretation)3
In regulation 2(1)—
a
after the definition of “processing” insert—
“relevant approval” means an approval under these Regulations except regulation 24(3);
b
in the definition of “unlicensed premises”, after “under regulation 4” insert “other than unlicensed processing premises”
,
c
at the end of the definition of “unlicensed premises” omit “and”,
d
after the definition of “unlicensed premises” insert—
“unlicensed processing premises” means premises used for the processing of semen other than a licensed collection centre or domestic collection centre; and
Amendment of regulation 10 (approval of bovine animals for use at unlicensed premises)4
In regulation 10—
a
in paragraph (1) omit “or for use as a teaser animal”,
b
in paragraph (4) omit “or teaser animal used to collect such semen”.
Amendment of regulation 14 (requirement to keep records of semen)5
In regulation 14(3)3, for “to a licensed collection centre or domestic collection centre for processing” substitute “from the premises for processing”
.
Amendment of regulation 16 (specific duties of centre veterinarians and operators of unlicensed premises)6
In regulation 16—
a
in the heading, after “centre veterinarians” insert “, veterinarians supervising unlicensed processing premises”
,
b
after paragraph (1) insert—
1A
A veterinarian responsible for supervising processing of semen at unlicensed processing premises in accordance with regulation 24(2)(c) must perform the duties of a centre veterinarian of a licensed collection centre to the extent listed in Part 3 of Schedule 3, paragraphs 1(d), (e) and (f) and 2(b).
Amendment of regulation 21 (use of teaser animals)7
In regulation 21—
a
renumber the existing paragraph as paragraph (1),
b
at the start of paragraph (1), as renumbered, insert “Subject to paragraph (2),”
,
c
after paragraph (1), as renumbered, insert—
2
No such approval is required in respect of use of a teaser animal to assist in the collection of semen at unlicensed premises.
Amendment of regulation 24 (processing of semen)8
In regulation 244—
a
renumber the existing paragraph as paragraph (1),
b
in paragraph (1), as renumbered—
i
at the end of sub-paragraph (a), omit “or”,
ii
after sub-paragraph (b) insert—
; or
c
unlicensed processing premises.
2
Semen may only be processed at unlicensed processing premises if it—
a
is not intended for trade with a member State;
b
has been collected at—
i
unlicensed premises in Scotland;
ii
a domestic collection centre; or
iii
any premises in another part of the United Kingdom if the collection of semen is in accordance with applicable legislation equivalent to these Regulations and the premises are not approved under such legislation for the collection of semen intended for trade with a member State;
c
is processed under supervision of—
i
the centre veterinarian of a licensed collection centre; or
ii
a veterinary surgeon approved by the Scottish Ministers under paragraph (3) to supervise the processing of semen at unlicensed processing premises.
3
The Scottish Ministers may approve any veterinary surgeon to supervise the processing of semen at unlicensed processing premises whom they consider competent for that role.
4
For the purpose of deciding whether to grant an approval under paragraph (3) the Scottish Ministers may require—
a
an applicant for such an approval to provide such information as the Scottish Ministers consider necessary;
b
the veterinary surgeon to complete such training as they consider necessary.
5
The Scottish Ministers may by notice given to the veterinary surgeon revoke an approval under paragraph (3), giving reasons for the revocation.
Amendment of regulation 28 (supply of frozen semen)9
In regulation 28(2), after “it has been” insert “previously”
.
Amendment of regulation 32 (refusal of an approval or licence)10
In regulation 32, for “an approval or licence, or grant an approval or” in both places it occurs substitute “a relevant approval or a licence, or grant a relevant approval or a”
.
Amendment of regulation 34 (suspension and amendment)11
In regulation 34(1)—
a
for “an” substitute “a relevant”
,
b
after “approval or” insert “a”
.
Amendment of regulation 35 (revocation of an approval or licence)12
In regulation 35—
a
in paragraph (1)—
i
for “an”, in the first place it occurs, substitute “a relevant”
,
ii
after “approval or”, in the first place it occurs, insert “a”
,
b
in paragraph (2), after “notification of a revocation” insert “under paragraph (1)”
.
Amendment of regulation 36 (review)13
In regulation 36(1)—
a
for “an”, in both places it occurs, substitute “a relevant”
,
b
after “approval or”, in both places it occurs, insert “a”
.
Amendment of schedule 3 (duties of the centre veterinarian in licensed collection centres)14
In schedule 3—
a
in the heading to Part 1, omit “doses”,
b
in paragraph 2 of Part 1, for “dose” substitute “collection”
,
c
in paragraph 2(b) of Part 3, for “1(c)” substitute “1(d)”
.
Amendment of schedule 5 (duties of the centre veterinarian in domestic collection centre)15
In schedule 5—
a
in the heading to Part 1, omit “doses”,
b
in paragraph 2 of Part 1, for “dose” substitute “collection”
,
c
in paragraph 2(b) of Part 3, for “1(c)” substitute “1(d)”
.
Amendment of schedule 7 (duties of operators unlicensed premises)16
In schedule 75—
a
for paragraph 1(c), substitute—
c
semen collected is moved for processing to—
i
a licensed collection centre;
ii
a domestic collection centre;
iii
unlicensed processing premises in Scotland; or
iv
any premises in another part of the United Kingdom where semen collected at unlicensed premises in Scotland may be lawfully processed under legislation equivalent to these Regulations;
d
when semen is moved for processing under sub-paragraph (c), it is accompanied by documents certifying that—
i
the bovine animal satisfies the requirements of regulations 19(c), 19(d) and 19(e) on the day of collection;
ii
the bovine animal satisfies the requirements of Parts 1 or 2 of Schedule 8;
iii
the unlicensed premises satisfy the requirements in regulation 20(2); and
iv
the premises from which the bovine animal came satisfy the requirements in regulation 22(6).
b
in paragraph 2(2), for “the centre veterinarian of the centre” to the end of the sub-paragraph substitute—
—
a
the centre veterinarian of the centre if the bovine animal’s semen is moved for processing to a licensed collection centre or a domestic collection centre; or
b
the veterinarian responsible for supervision of processing if the bovine animal’s semen is moved for processing to any other premises;
not later than the date of such move.
(This note is not part of the Regulations)