The Sheep and Goats (Records, Identification and Movement) (England) Order 2009

Interpretation E+W+S

2.—(1) In this Order—

“animal” means any animal of the ovine or caprine species;

“central point of recording” means a holding approved by the Secretary of State under Section C.2 of the Annex to the Council Regulation for recording the identities of animals arriving at that holding;

“Council Directive 92/102/EEC” means Council Directive 92/102/EEC on the identification and registration of animals(1);

“the Council Regulation” means Council Regulation (EC) No. 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003 and Directives 92/102/EEC and 64/432/EEC(2) [F1 as amended from time to time];

“export” means sending to [F2 a] member State or a third country;

“flockmark” means the number allocated by the Secretary of State in respect of a flock of sheep on a holding;

“herdmark” means the number allocated by the Secretary of State in respect of a herd of goats on a holding;

“holding” has the meaning given in Article 2 of the Council Regulation;

“identification code” means the code set out on a means of identification as required under this Order or under the previous Orders;

“identification device” means an eartag, electronic eartag, pastern tag, electronic pastern tag[F3 , bolus or, in relation to goats, an injectable transponder];

“identification mark” means a method of identification applied in [F2 a] member State, a means of identification or an older means of identification;

[F4 “illegible” means, in relation to an electronic identification device, unreadable either electronically or visually;]

“inspector” means a person appointed to be an inspector for the purposes of this Order by the Secretary of State or a local authority;

“keeper” has the meaning given in Article 2 of the Council Regulation;

“local authority” means—

(a)

where there is, within the meaning of the Local Government Changes for England Regulations 1994(3), a unitary authority for a local government area, that authority;

(b)

where there is not a unitary authority—

(i)

in a metropolitan district, the council of that district;

(ii)

in a non-metropolitan county, the council of that county; or

(iii)

in each London borough, the council of that borough;

(iv)

in the city of London, the Common Council;

“market operator” means a person responsible for managing the reception or the sale of animals in a market or a duly authorised representative of such a person;

“means of identification” means an identification device or a tattoo;

“method of identification” means an eartag, pastern tag[F5 , injectable transponder] or tattoo applied in [F2 a] member State or a third country;

“movement document” means the movement document required by Article 6 of the Council Regulation;

“the previous Orders” means—

(a)

the Sheep and Goats (Registration, Identification and Movement)(England) Order 2007(4);

(b)

the Sheep and Goats (Registration, Identification and Movement)(England) Order 2005(5);

(c)

the Sheep and Goats Identification and Movement (Interim Measures)(England) (No. 2) Order 2002(6);

(d)

the Sheep and Goats Identification and Movement (Interim Measures)(England) Order 2002(7);

(e)

the Sheep and Goats Identification (England) Order 2000(8);

(f)

the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2008(9);

(g)

the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2006(10);

(h)

the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No. 2) Order 2002(11);

(i)

the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002(12);

(j)

the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 2002(13);

(k)

the Sheep and Goats (Registration, Identification and Movement) Order (Northern Ireland) 2005(14);

(l)

the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004(15);

(m)

the Identification and Movement of Sheep and Goats Order (Northern Ireland) 1997(16);

(n)

the Sheep and Goats (Identification and Traceability) (Scotland) Regulations 2006(17);

(o)

the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002(18); or

(p)

the Sheep and Goats Identification (Scotland) Regulations 2000(19);

“register” means the register required by Article 5 of the Council Regulation;

“slaughterhouse operator” means a person carrying on the business of a slaughterhouse or the duly authorised representative of such a person;

“unique number” means a number that is unique to an animal in a flock or herd and contains no more than 6` digits.

(2) Expressions not defined in paragraph (1) which are used in this Order and which are also used in the Council Regulation have the same meaning in this Order as they have in that Regulation.

Textual Amendments

F1 Words in art. 2(1) added (6.4.2014) by The Sheep and Goats (Records, Identification and Movement) (England) (Amendment) Order 2014 (S.I. 2014/331), arts. 1(b), 3(1)

F2 Word in art. 2 substituted (31.12.2020) by The Livestock (Records, Identification and Movement) (England) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1238), regs. 1, 3(2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in art. 2(1) substituted (6.4.2014) by The Sheep and Goats (Records, Identification and Movement) (England) (Amendment) Order 2014 (S.I. 2014/331), arts. 1(b), 3(2)

F4 Words in art. 2(1) inserted (6.4.2014) by The Sheep and Goats (Records, Identification and Movement) (England) (Amendment) Order 2014 (S.I. 2014/331), arts. 1(b), 3(3)

F5 Words in art. 2(1) added (6.4.2014) by The Sheep and Goats (Records, Identification and Movement) (England) (Amendment) Order 2014 (S.I. 2014/331), arts. 1(b), 3(4)

(1)

OJ No L355, 5.12.92, p.32 repealed by Directive 2008/71/EC. Older animals will still be identified in accordance with this order.

(2)

OJ No L 5, 9.1.04, p 8 to which there are amendments not relevant to this Order.

(3)

S.I. 1994/867 to which there are amendments not relevant to this Order.

(4)

S.I. 2007/3493.

(5)

S.I. 2005/3100, amended by S.I. 2006/2987.

(6)

S.I. 2002/2153, amended by S.I. 2003/29, 2003/502 and 2003/1728.

(7)

S.I. 2002/240, amended by S.I. 2002/764 and 2002/1349.

(8)

S.I. 2000/2027, amended by S.I. 2001/281.

(9)

S.I. 2008/130 (W. 17).

(10)

S.I. 2006/1036 (W. 106) amended by S.I. 2006/2926 (W.261).

(11)

S.I. 2002/2302 (W. 227), amended by S.I. 2003/167 (W. 27), S.I. 2003/946 (W. 127) and S.I. 2003/1966 (W. 211).

(12)

S.I. 2002/1357 (W. 133).

(13)

S.I. 2002/274 (W. 30), amended by S.I. 2002/811 (W. 91).

(14)

S.R. 2005/353 (NI) amended by S.R. (NI) 2006/508.

(15)

S.R. (NI) 2004 No. 491.

(16)

S.R. (NI) 1997 No. 173, amended by S.R. (NI) 1998 No. 393.

(17)

S.S.I. 2006/73, amended by S.S.I. 2006/594 and S.S.I. 2007/559.

(18)

S.S.I. 2002/38, amended by S.S.I. 2002/221.

(19)

S.S.I. 2000/418, amended by S.S.I. 2002/531 and S.S.I. 2002/39.