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

Interpretation

3.—(1) In these Regulations—

“the 1996 Regulations” means the Welfare of Animals (Slaughter or Killing) Regulations (Northern Ireland) 1996(1);

“authorised veterinary surgeon” means a veterinary surgeon authorised by the Department for the purposes of these Regulations;

“certificate” (except in the terms “temporary certificate”, “transitional certificate” or as used in regulation 34(2)) 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;

“the Department” means the Department of Agriculture and Rural Development;

“EU Regulation” means Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing(2);

“evidence of training and examination” means—

(a)

a certificate granted by a body, recognised and regulated by the Office of Qualifications and Examinations Regulation (Ofqual)(3) 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 slaughtering 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)(4), and RCVS continuing professional development record combined;

“horse” includes a hinny, ass or mule;

“inspector” means an inspector appointed under regulation 27 or an inspector appointed under section 45 of the Welfare of Animals Act (Northern Ireland) 2011(5);

“killing establishment” means any premises, including a knacker’s yard, 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;

“Rabbinical Commission” means the Rabbinical Commission for the licensing of Shochetim in England and Wales or the Chief Rabbi in Scotland, responsible for licensing persons carrying out the slaughter of animals in accordance with the Jewish method (Shechita);

“restraining facility for non-stun slaughter” means a pen or compartment which is—

(a)

suitable for restraining a bovine animal in an upright position for the purpose of slaughtering in accordance with religious rites (as defined in paragraph 1(c) of Schedule 3); and

(b)

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);

“transitional certificate” means a transitional certificate of competence as mentioned in Part 2 of Schedule 7;

“veterinary surgeon” means a person registered in the register of veterinary surgeons under section 2 of the Veterinary Surgeons Act 1966(6); and

“WASK licence” means a registered licence required by or granted in accordance with Schedule 1 to the 1996 Regulations or Schedule 1 to the Welfare of Animals (Slaughter or Killing) Regulations 1995(7).

(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.

(5) The Interpretation Act (Northern Ireland) 1954(8), except section 20(2) and (3), shall apply to these Regulations as it applies to an Act of the Assembly.

(1)

S.R. 1996 No. 558, as amended by S.R. 2000 No. 76, S.R. 2000 No. 78, S.R. 2001 No. 66, S.R. 2001 No. 186, S.R. 2002 No. 304, S.R. 2004 No. 209, S.R. 2008 No. 277 and S.R. 2011 No. 407.

(2)

O.J. No. L 303, 18.11.2009, p. 1

(3)

Ofqual, a non-ministerial Government Deptartment, was established by section 127 of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22). The matters in relation to which Ofqual has functions are set out in part 7 of that Act and include the regulation of vocational qualifications in Northern Ireland.

(4)

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.

(5)

2011 c.16 (N.I)

(6)

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).

(7)

S.I. 1995 No. 731

(8)

1954 c.33 (N.I.)