The Welfare of Animals at the Time of Killing (Wales) Regulations 2014

Interpretation E+W

3.—(1) In these Regulations—

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

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

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

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

“certificate” (“tystysgrif”) (except in the term “temporary certificate” or 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” (“awdurdod cymwys”) has the meaning given in regulation 4;

“EU Regulation” (“Rheoliad UE”) means Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing(4) [F1 as amended from time to time];

“evidence of training and examination” (“tystiolaeth o hyfforddi ac arholi”) means—

(a)

a certificate granted by a body, recognised and regulated by the Welsh Ministers 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,

(aa)

[F2 a document attesting the passing of an independent final examination issued by—

(i)

a body designated by the Republic of Ireland as responsible for delivering certificates in accordance with Article 21(1) of the EU Regulation as it has effect in EU law as amended from time to time, or

(ii)

a body to whom the function of the final examination or the issuing of certificates has been delegated in the Republic of Ireland in accordance with Article 21(2) of the EU Regulation as it has effect in EU law as amended from time to time,

(ab)

a certificate issued in the Republic of Ireland in reliance on Article 29(2) of the EU Regulation as it has effect in EU law,]

(ac)

[F3 a qualification which has been recognised under the Professional Qualifications Regulations 2023 in relation to an operation specified in regulation 6,]

(e)

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

(f)

a formal veterinary qualification, as recognised by the Royal College of Veterinary Surgeons (RCVS)(5), and RCVS continuing professional development record combined;

“horse” (“ceffyl”) includes a hinny, ass or mule;

“inspector” (“arolygydd”) means a person appointed under regulation 34 or an inspector appointed under section 51 of the Animal Welfare Act 2006(6);

“knacker’s yard” (“iard gelanedd”) 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” (“trwydded”) means a licence as required by regulation 12;

“local authority” (“awdurdod lleol”) means a county council or a county borough council;

[F4 “the Professional Qualifications Regulations 2023” (“Rheoliadau Cymwysterau Proffesiynol 2023”) means the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023;]

“Rabbinical Commission” (“y Comisiwn Rabinaidd”) 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” (“lloc ffrwyno”) 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” (“stynio syml”) has the same meaning as in Article 4(1) and “simple stunned” (“a styniwyd yn syml”) is to be construed accordingly;

“stunning pen” (“lloc stynio”) 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” (“tystysgrif dros dro”) means a temporary certificate of competence as mentioned in Article 21(5);

“veterinary surgeon” (“milfeddyg”) means a person registered in the register of veterinary surgeons under section 2 of the Veterinary Surgeons Act 1966(7);

“WASK licence” (“trwydded LlACL”) 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.

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 3(1) inserted (31.12.2020) by The Animal Health and Welfare (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/684), regs. 1(2), 5(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 3(1) inserted (31.12.2020) by The Animal Health and Welfare (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/684), regs. 1(2), 5(2)(aa) (as inserted by S.I. 2019/1375, regs. 1(2), 2) 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 3(1) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (S.I. 2023/1294), reg. 1, Sch. 3 para. 9(2)(a)

F4 Words in reg. 3(1) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023 (S.I. 2023/1294), reg. 1, Sch. 3 para. 9(2)(b)

F5 Reg. 3(4) omitted (31.12.2020) by virtue of The Animal Health and Welfare (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/684), regs. 1(2), 5(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 3 in force at 20.5.2014, see reg. 1(c)

(1)

1967 c.24.

(2)

1974 c.3.

(3)

S.I. 1995/731; relevant amending instruments, in relation to Wales, are S.I. 1999/400 and 2007/2461 (W.208).

(4)

OJ No L 303, 18.11.2009, p.1.

(5)

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.

(6)

2006 c.45.

(7)

1966 c. 36; section 2 was amended by S.I. 2003/2919, article 12 and the Schedule, paragraph 1 and S.I. 2008/1824, article 2 and the Schedule, paragraph 2(a).