The Welfare of Animals at the Time of Killing (England) Regulations 2015

PART 1 E+W General

Citation, extent, application and commencement E+W

1.—(1) These Regulations may be cited as the Welfare of Animals at the Time of Killing (England) Regulations 2015.

(2) Subject to paragraph (3), these Regulations extend to England and Wales but apply in England only.

(3) Any amendment, repeal or revocation made by Schedule 6 has the same extent and application as the enactment amended, repealed or revoked.

(4) These Regulations come into force on 5th November 2015.

Expiry E+W

2.—(1) The following provisions cease to have effect on 8th December 2015—

(a) regulation 44; and

(b) Schedule 7.

(2) The following provisions cease to have effect on 8th December 2019—

(a) regulation 30(1)(h);

(b) regulation 45; and

(c) Schedule 8.

Interpretation E+W

3.—(1) In these Regulations—

“the 1967 Act” means the Slaughter of Poultry Act 1967(1);

“the 1974 Act” means the Slaughterhouses Act 1974(2);

“the 1995 Regulations” means the Welfare of Animals (Slaughter or Killing) Regulations 1995(3);

“authorised veterinary surgeon” means a veterinary surgeon authorised by the Secretary of State for the purpose of carrying out assessments in accordance with regulation 16(c);

“certificate” (except in the term “temporary certificate” or in regulation 41) means a certificate of competence as mentioned in Article 21 and includes a qualification recognised by the competent authority as equivalent to a certificate in accordance with Article 21(7);

“competent authority” has the meaning given in regulation 4;

“EU Regulation” means Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing(4);

“evidence of training and examination” means—

(a)

a certificate granted by a body, recognised and regulated by the Office of Qualifications and Examinations Regulation(5) which oversees the training and assessment of persons carrying out the killing of animals and related operations, confirming the passing of an independent examination as provided for in Article 21,

(b)

a licence granted by the Rabbinical Commission for the purpose of killing animals in accordance with the Jewish method (Shechita) and confirming the passing of an independent examination as provided for in Article 21, or

(c)

a formal veterinary qualification, as recognised by the Royal College of Veterinary Surgeons (“RCVS”)(6), together with a RCVS continuing professional development record;

“horse” includes a hinny, ass or mule;

“inspector” means a person appointed under regulation 34 or an inspector appointed under section 51 of the Animal Welfare Act 2006(7);

“knacker’s yard” means a premises used principally for the storage of animal carcases, but also for the commercial killing of animals for purposes other than human consumption, including any associated facilities for handling and lairaging such animals;

“licence” means a licence as required by regulation 12;

“local authority” means a county council, district council, London borough council, metropolitan district, unitary authority, the Common Council of the City of London or the Council of the Isles of Scilly;

“Rabbinical Commission” means the body referred to in Part 4 of Schedule 3 responsible for licensing persons carrying out the killing of animals in accordance with the Jewish method (Shechita);

“restraining pen” means a pen or compartment which is suitable for restraining an adult bovine animal in an upright position for the purpose of killing in accordance with religious rites (as defined in paragraph 1(c) of Schedule 3) and which is constructed and approved in accordance with paragraph 3 of Schedule 3;

“simple stunning” has the same meaning as in Article 4(1) and “simple stunned” is to be construed accordingly;

“stunning pen” means a pen or compartment which is suitable for restraining an adult bovine animal for the purpose of stunning and which is constructed in accordance with paragraph 8 of Schedule 1 or paragraph 9 of Schedule 2;

“temporary certificate” means a temporary certificate of competence as mentioned in Article 21(5);

“veterinary surgeon” means a person registered in the register of veterinary surgeons under section 2 of the Veterinary Surgeons Act 1966(8);

“WASK licence” means a registered licence required by or granted in accordance with Schedule 1 to the 1995 Regulations.

(2) Terms and expressions used in these Regulations that are also used in the EU Regulation have the same meaning in these Regulations as they have in the EU Regulation, unless specified otherwise.

(3) In these Regulations, a reference to an Article, a Chapter or an Annex is a reference to that Article or Chapter of, or that Annex to, the EU Regulation.

(4) Any reference to an Annex to the EU Regulation is a reference to that Annex as amended from time to time.

The competent authority E+W

4.—(1) The Food Standards Agency is the competent authority for the purposes of—

(a) Part 2 (certificates, temporary certificates and licences), unless specified otherwise;

(b) approving restraining pens in accordance with paragraph 3 of Schedule 3; and

(c) in relation to the killing of animals in a slaughterhouse—

(i) receiving and assessing documents, records or information in accordance with Articles 6(4), 9(1), 14(2) and 17(5);

(ii) receiving and assessing other documents, records or information in accordance with the EU Regulation or these Regulations; and

(iii) taking action in the event of any non-compliance with the EU Regulation or these Regulations in accordance with Article 22(1).

(2) Otherwise, the Secretary of State is the competent authority, and acts as the member State, for the purposes of the EU Regulation and these Regulations.

(3) The Secretary of State may act as the competent authority in relation to—

(a) the suspension or revocation of certificates, temporary certificates or licences under Part 2; and

(b) the appointment of inspectors in accordance with regulation 34.

(1)

1967 c.24.

(2)

1974 c.3.

(3)

S.I. 1995/731; relevant amending instruments, in relation to England, are S.I. 1999/400, 2000/656 and 3352, 2001/447, 2001/3830, 2003/3272, 2006/1200, 2007/402 and 2012/501. The instrument was revoked in relation to Wales by S.I. 2014/951 (W.92).

(4)

OJ No. L303, 18.11.2009, p1.

(5)

Established by section 127 of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22) and responsible for regulating qualifications, exams and tests in England.

(6)

The RCVS was established by Royal Charter in 1844 and is responsible for the registration of veterinary surgeons and the regulation of their education, ethical and clinical standards.

(7)

2006 c.45.

(8)

1966 c.36; section 2 was amended by S.I. 2003/2919 and 2008/1824.