The Welfare of Farmed Animals (Scotland) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, revoke and replace (with amendments):

• The Welfare of Farmed Animals (Scotland) Regulations 2000;

• The Welfare of Farmed Animals (Scotland) Amendment Regulations 2002; and

• The Welfare of Farmed Animals (Scotland) Amendment Regulations 2003.

The Regulations implement the following EU legislation:—

• Council Directive 98/58/EC concerning the protection of animals kept for farming purposes;

• Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens;

• Council Directive 2007/43/EC laying down minimum rules for the protection of chickens kept for meat production;

• Council Directive 2008/119/EC laying down minimum standards for the protection of calves; and

• Council Directive 2008/120/EC laying down minimum standards for the protection of pigs.

These Regulations and the EU legislation which they implement reflect the obligations contained in the European Convention for the Protection of Animals kept for Farming Purposes of 10th March 1976 (European Treaty series No. 98), as read with the Protocol of Amendment to the European Convention for the Protection of Animals kept for Farming Purposes of 6th February 1992 (European Treaty series No. 145). Regulation 4 provides that the Scottish Ministers are the competent authority.

The Regulations apply to “farmed animals”, namely to all animals kept for farming purposes, subject to certain limited exceptions set out in regulation 3(2).

A “person responsible” for an animal takes its meaning from section 18 of the Animal Health and Welfare (Scotland) Act 2006, which includes a person responsible for an animal on a permanent or temporary basis, a person who is in charge of an animal, an owner of an animal and a person with actual care and control of a child under the age of 16 years who is responsible for an animal; and includes a keeper of animals.

The Regulations provide for general requirements which apply in the case of farmed animals (regulation 5 and Schedule 1) and for specific additional requirements which apply in the cases of conventionally reared meat chickens (regulation 6(1)(a) and Schedule 2), laying hens in certain circumstances (regulation 6(1)(b) and Schedule 3), calves (regulation 6(1)(c) and Schedule 4), cattle (regulation 6(1)(d) and Schedule 5), pigs (regulation 6(1)(e) and Schedule 6) and rabbits (regulation 6(1)(f) and Schedule 7).

Regulation 7 contains provisions to ensure that those in charge of animals access the animal welfare codes issued under section 37 of the Animal Health and Welfare (Scotland) Act 2006 (which include codes issued under section 3 of the Agriculture (Miscellaneous Provisions) Act 1968) and are acquainted with those codes.

Regulation 8 sets out the powers of an inspector; regulation 9 makes it an offence to obstruct an inspector and regulation 10 provides for an inspector to be accompanied by a representative of the European Commission for the purpose of enforcing EU legislation.

Under regulation 11(1), any contravention of, or failure to comply with, the Regulations is an offence. The maximum penalty for such an offence is 3 months imprisonment and/or a fine at level 4 on the standard scale. Regulation 12 makes provision for enforcement.

Regulation 13 and Schedule 8 revoke the instruments replaced by these Regulations and regulation 14 saves the Welfare of Farmed Animals (Scotland) Regulations 2000 in relation to any notices served and offences committed before the coming into force of these Regulations.

Schedule 1 provides for general conditions under which farmed animals must be kept.

Schedule 2 provides for additional conditions that apply to the keeping of conventionally reared meat chickens.

Schedule 3 provides for additional conditions that apply to the keeping of laying hens.

Schedule 4 provides for additional conditions that apply to the keeping of calves confined for rearing and fattening.

Schedule 5 provides for additional conditions that apply to the keeping of cattle.

Schedule 6 provides for additional conditions that apply to the keeping of pigs.

Schedule 7 provides for additional conditions that apply to the keeping of rabbits.

A Regulatory Impact Assessment in relation to conventionally reared meat chickens has been prepared and placed in the Scottish Parliament Information Centre. A copy of it may be obtained from the Scottish Government Rural and Environment Directorate, Animal Health and Welfare Division, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD.