Regulation 5
1. Animals must be cared for by a sufficient number of staff who possess the appropriate ability, knowledge and professional competence.
Commencement Information
I1Sch. 1 para. 1 in force at 5.11.2010, see reg. 1
2.—(1) Animals kept in husbandry systems in which their welfare depends on frequent human attention must be adequately inspected at least once a day to check that they are in a state of well-being.
(2) Animals kept in systems other than husbandry systems in which their welfare depends on frequent human attention must be inspected at intervals sufficient to avoid any suffering.
(3) In the following cases, it is sufficient for the purposes of this paragraph to comply with the following specific provisions:—
(a)in the case of conventionally reared meat chickens, paragraph 11 of Schedule 2;
(b)in the case of laying hens kept in any system, paragraph 2 of Schedule 3;
(c)in the case of calves, paragraph 2 or 3 of Schedule 4; or
(d)in the case of pigs, paragraph 2 of Schedule 6.
Commencement Information
I2Sch. 1 para. 2 in force at 5.11.2010, see reg. 1
3. Where animals are kept in a building, adequate lighting (whether fixed or portable) must be available to enable them to be adequately inspected at any time.
Commencement Information
I3Sch. 1 para. 3 in force at 5.11.2010, see reg. 1
4. Where any animals (other than laying hens kept in the systems referred to in Parts 3, 4 and 5 of Schedule 3) are kept in a building they must be kept on, or have access at all times to, a lying area which is well maintained with dry bedding or litter or a well-drained area for resting.
Commencement Information
I4Sch. 1 para. 4 in force at 5.11.2010, see reg. 1
5. Any animals which appear to be ill or injured—
(a)must be cared for appropriately without delay; and
(b)where they do not respond to such care, veterinary advice must be obtained as soon as reasonably practicable.
Commencement Information
I5Sch. 1 para. 5 in force at 5.11.2010, see reg. 1
6. Where necessary, sick or injured animals must be isolated in suitable accommodation with, where appropriate, dry comfortable bedding.
Commencement Information
I6Sch. 1 para. 6 in force at 5.11.2010, see reg. 1
7. A record must be maintained of—
(a)any medicinal treatment given to animals; and
(b)the number of mortalities found on each inspection of animals.
Commencement Information
I7Sch. 1 para. 7 in force at 5.11.2010, see reg. 1
8. The record referred to in paragraph 7 must be retained for a period of at least 3 years from the date on which the medicinal treatment was given, or the date of the inspection, as the case may be, and must be made available to an inspector on request.
Commencement Information
I8Sch. 1 para. 8 in force at 5.11.2010, see reg. 1
9. The freedom of movement of animals, having regard to their species and in accordance with established experience and scientific knowledge, must not be restricted in such a way as to cause them unnecessary suffering or injury.
Commencement Information
I9Sch. 1 para. 9 in force at 5.11.2010, see reg. 1
10. Where animals are continuously or regularly tethered or confined, they must be given the space appropriate to their physiological and ethological needs in accordance with established experience and scientific knowledge.
Commencement Information
I10Sch. 1 para. 10 in force at 5.11.2010, see reg. 1
11. Materials used for the construction of accommodation and, in particular, for the construction of pens, cages, stalls and equipment with which the animals may come into contact, must not be harmful to them and must be capable of being thoroughly cleaned and disinfected.
Commencement Information
I11Sch. 1 para. 11 in force at 5.11.2010, see reg. 1
12. Accommodation and fittings for securing animals shall be constructed and maintained so that there are no sharp edges or protrusions likely to cause injury to them.
Commencement Information
I12Sch. 1 para. 12 in force at 5.11.2010, see reg. 1
13. Air circulation, dust levels, temperature, relative air humidity and gas concentrations must be kept within limits which are not harmful to the animals.
Commencement Information
I13Sch. 1 para. 13 in force at 5.11.2010, see reg. 1
14. Animals kept in buildings must not be kept in permanent darkness.
Commencement Information
I14Sch. 1 para. 14 in force at 5.11.2010, see reg. 1
15. Where the natural light available in a building is insufficient to meet the physiological and ethological needs of any animals being kept in it then appropriate artificial lighting must be provided.
Commencement Information
I15Sch. 1 para. 15 in force at 5.11.2010, see reg. 1
16. Animals kept in buildings must not be kept without an appropriate period of rest from artificial lighting.
Commencement Information
I16Sch. 1 para. 16 in force at 5.11.2010, see reg. 1
17. Animals not kept in buildings must, where necessary and possible, be given protection from adverse weather conditions, predators and risks to their health and, at all times, have access to a well-drained lying area.
Commencement Information
I17Sch. 1 para. 17 in force at 5.11.2010, see reg. 1
18. All automated or mechanical equipment essential for the health and well-being of the animals must be inspected at least once a day to check that there is no defect in it.
Commencement Information
I18Sch. 1 para. 18 in force at 5.11.2010, see reg. 1
19. Where any defect in automated or mechanical equipment of the type specified in paragraph 18 is discovered, it must be rectified immediately, or if that is impossible, appropriate steps must be taken to safeguard the health and well-being of the animals pending the rectification of such defects including the use of alternative methods of feeding and watering and methods of providing and maintaining a satisfactory environment.
Commencement Information
I19Sch. 1 para. 19 in force at 5.11.2010, see reg. 1
20. Where the health and well-being of animals is dependent on an artificial ventilation system—
(a)provision must be made for an appropriate back-up system to guarantee sufficient air renewal to preserve the health and well-being of the animals in the event of failure of the system; and
(b)an alarm system (which will operate even if the principal electricity supply to it has failed) must be provided to give warning of any failure of the system.
Commencement Information
I20Sch. 1 para. 20 in force at 5.11.2010, see reg. 1
21. The back-up system referred to in paragraph 20(a) must be thoroughly inspected, and the alarm system referred to in paragraph 20(b) tested, in each case not less than once every 7 days in order to check that there is no defect in it, and, if any defect is found in such system or alarm (whether or not on it being inspected or tested in accordance with this paragraph), it must be rectified forthwith.
Commencement Information
I21Sch. 1 para. 21 in force at 5.11.2010, see reg. 1
22. Animals must be fed a wholesome diet which is appropriate to their age and species and which is fed to them in sufficient quantity to maintain them in good health, to satisfy their nutritional needs and to promote a positive state of well-being.
Commencement Information
I22Sch. 1 para. 22 in force at 5.11.2010, see reg. 1
23. Animals must not be provided with food or liquid in a manner, nor must such food or liquid contain any substance, which may cause them unnecessary suffering or injury.S
Commencement Information
I23Sch. 1 para. 23 in force at 5.11.2010, see reg. 1
24. All animals must have access to feed at intervals appropriate to their physiological needs (and, in any case, at least once a day), except where a veterinary surgeon acting in the exercise of that profession otherwise directs.S
Commencement Information
I24Sch. 1 para. 24 in force at 5.11.2010, see reg. 1
25. All animals must either have access to a suitable water supply and be provided with an adequate supply of fresh drinking water each day or be able to satisfy their fluid intake needs by other means.S
Commencement Information
I25Sch. 1 para. 25 in force at 5.11.2010, see reg. 1
26. Feeding and watering equipment must be designed, constructed, placed and maintained so that contamination of food and water and the harmful effects of competition between animals are minimised.S
Commencement Information
I26Sch. 1 para. 26 in force at 5.11.2010, see reg. 1
[F127.—(1) No other substance, with the exception of those given for therapeutic or prophylactic purposes for the purpose of zootechnical treatment, may be administered to animals unless it has been demonstrated by scientific studies of animal welfare or established experience that the effect of the substance is not detrimental to the health or welfare of the animals.S
(2) In this paragraph “zootechnical treatment” means the administering to any animal, after examination by (or supervised by) a veterinarian, of any substance authorised by the Scottish Ministers for synchronising oestrus and preparing donors and recipients for the implantation of embryos.]
Textual Amendments
F1Sch. 1 para. 27 substituted (31.12.2020) by The Animal Welfare (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/34), regs. 1, 5(5); 2020 c. 1, Sch. 5 para. 1(1)
28.—(1) Natural or artificial breeding or breeding procedures which cause, or are likely to cause, suffering or injury to any of the animals concerned must not be practised.
(2) Sub-paragraph (1) does not preclude the use of natural or artificial breeding procedures which are likely to cause minimal or momentary suffering or injury or that might necessitate interventions which would not cause lasting injury.
Commencement Information
I27Sch. 1 para. 28 in force at 5.11.2010, see reg. 1
29. No person may keep an animal for farming purposes unless it can reasonably be expected, on the basis of its genotype or phenotype, that it can be kept without detrimental effect on its health or welfare.
Commencement Information
I28Sch. 1 para. 29 in force at 5.11.2010, see reg. 1
30. No person may apply an electrical current to any animal for the purposes of immobilisation.
Commencement Information
I29Sch. 1 para. 30 in force at 5.11.2010, see reg. 1