The Mutilations (Permitted Procedures) (England) Regulations 2007

Title, commencement and application

1.  These Regulations—

(a) may be cited as the Mutilations (Permitted Procedures) (England) Regulations 2007;

(b) come into force on 6th April 2007;

(c) apply in England only.

Interpretation

2.  In these Regulations—

“the Act” means the Animal Welfare Act 2006;

“cattle” means all animals of the bovine species including bison and buffalo;

“desnooding” means removal of a turkey’s snood;

“disbudding” means removal of the horn bud of cattle, goats or sheep;

“domestic fowl” means a domesticated member of the species Gallus gallus;

“dubbing” means removal of the comb of a domestic fowl;

“farmed” means, in relation to an animal, bred or kept for the production of food, wool or skin or for other farming purposes;

“horses” includes ponies, asses, donkeys, jennets and mules;

“in velvet” means, in relation to the antlers of a deer, until the velvet is frayed and the greater part of it has been shed;

“laying hen” means a hen of the species Gallus gallus which has reached laying maturity and is kept for production of eggs not intended for hatching;

“poultry” means domestic fowl, turkeys, geese, ducks, guinea fowl, quails, pheasants and partridges;

“prohibited procedure” means a procedure which involves interference with the sensitive tissues or bone structure of an animal, otherwise than for the purpose of its medical treatment;

“suitable instrument” means in relation to any procedure, an instrument that is in a fit state of repair and has been designed, or is of a kind commonly used, for the purpose of performing that procedure.

Exceptions to the prohibition on mutilations

3.  Section 5(1) and (2) of the Act does not apply to a procedure listed in Schedule 1, providing it is carried out—

(a) in accordance with any relevant requirement in Schedules 2 to 9;

(b) in such a way as to minimise the pain and suffering it causes to the animal;

(c) in hygienic conditions; and

(d) in accordance with good practice.

Performance of prohibited procedures in an emergency

4.—(1) Section 5(1) and (2) of the Act does not apply where a prohibited procedure is carried out in an emergency for the purpose of saving the life or relieving the pain of the protected animal.

(2) Any procedure carried out under paragraph (1) must be carried out in accordance with regulation 3, so far as this is practicable in all of the circumstances.

Persons who may carry out permitted procedures

5.—(1) Any procedure permitted under regulation 3 may only be carried out by a veterinary surgeon or any other person permitted to carry out that procedure under the Veterinary Surgeons Act 1966(1) or the Veterinary Surgeons (Exemptions) Order 1962(2).

(2) The restriction in paragraph (1) does not apply to tail docking, or castration, of pigs aged not more than 7 days.

Barry Gardiner

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

30th March 2007