The Artificial Insemination of Cattle (Animal Health) (Scotland) Amendment Regulations 2002

Scottish Statutory Instruments

2002 No. 191

AGRICULTURE

LIVESTOCK INDUSTRIES

The Artificial Insemination of Cattle (Animal Health) (Scotland) Amendment Regulations 2002

Made

17th April 2002

Laid before the Scottish Parliament

17th April 2002

Coming into force on

18th April 2002

The Scottish Ministers in exercise of the powers conferred by section 10(1) and 10(2)(a) of the Animal Health and Welfare Act 1984(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Artificial Insemination of Cattle (Animal Health) (Scotland) Amendment Regulations 2002 and shall come into force on 18th April 2002.

(2) These Regulations extend to Scotland only.

Amendments to the Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985

2.—(1) The Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985(2) shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 2(1) (interpretation) after the definition of “embryo transfer unit”, there is inserted–

““emergency licence” means an emergency licence which was issued under the Artificial Insemination of Cattle (Emergency Licences) (Scotland) Regulations 2001(3);”.

(3) After regulation 4(3) (application of regulations), there is inserted–

“(3A) These regulations shall not apply to anything done in accordance with an emergency licence.”.

(4) At the end of regulation 21(c) (acceptance of semen for supply), there is inserted–

• “; or

  (d)

  the semen–

  (i)

  has been collected and processed in accordance with an emergency licence;

  (ii)

  has subsequently been stored in accordance with the conditions of an emergency licence or a farm storage licence; and

  (iii)

  was from an approved bull (whether the bull was approved at the time of collection or subsequently)”.

(5) In regulation 24 (general prohibition on use of semen)–

(a) for paragraph (a), there is substituted–

“(a) that semen–

(i) has been obtained from a supply centre or a semen shop from which the semen was moved in accordance with the provisions of these regulations or in accordance with an emergency licence;

(ii) has been obtained from a processing centre from which the semen was moved in accordance with the provisions of these regulations, in accordance with the conditions of a special movement licence or in accordance with an emergency licence; or

(iii) was collected in accordance with an emergency licence; and”; and

(b) in paragraph (b)(iv), after “Agricultural Training Board” there is inserted “or the Scottish Ministers”.

J R WILDGOOSE

A member of the staff of the Scottish Ministers

Pentland House,

Edinburgh

17th April 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985 (“the principal Regulations”) in order to make transitional provision relating to the expiry of emergency licences issued under the Artificial Insemination of Cattle (Emergency Licences) (Scotland) Regulations 2001 during the recent outbreak of foot-and-mouth disease. A definition of such licences is inserted in the principal Regulations by regulation 2(2) of these Regulations, and regulation 2(3) preserves the effect of anything done under such licences.

These Regulations amend regulation 21 of the principal Regulations to permit the acceptance for supply of semen collected in accordance with an emergency licence from an approved bull (regulation 2(4)).

They amend regulation 24 of the principal Regulations to permit the use of semen collected in accordance with an emergency licence (regulation 2(5)(a)).

These Regulations also amend regulation 24 of the principal Regulations to enable the Scottish Ministers to recognise training courses in addition to those already recognised by the (now defunct) Agricultural Training Board (regulation 2(5)(b)).

A Regulatory Impact Assessment has not been prepared in respect of these Regulations.

(1)

1984 c. 40; see section 10(8) for the definition of “appropriate Minister”. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1985/1857 by S.I. 1987/904, 1992/1192, 1995/2556 and 1996/3124.

(3)

S.S.I. 2001/179.