PART 5Miscellaneous
Removing or defacing an identification mark22
No person may, unless authorised by the Secretary of State, remove or deface an identification mark.
Replacement of an identification mark23
1
A keeper must replace an identification mark if it has—
a
become illegible;
b
been removed for welfare reasons; or
c
been lost.
2
Any person replacing an identification mark must either—
a
apply an identical identification mark; or
b
apply a new identification mark and cross-refer the new identification mark with the original identification mark in the record kept under article 5.
Production of documents and records24
An inspector may require any record made under this Order to be produced on demand and a copy or printout of it to be made.
Enforcement25
1
This Order is enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that they will enforce this Order instead of the local authority.
F12A
Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.
3
In this article “local authority” means—
a
where there is, within the meaning of the Local Government Changes for England Regulations 19945, 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;
iii
in each London borough, the council of that borough; and
iv
in the City of London, the Common Council.
Review26
1
Before the end of each review period, the Secretary of State must—
a
carry out a review of articles 3 to 25;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Council Directive 2008/71/EC6 on the identification and registration of pigs is implemented in other member States.
3
The report must in particular—
a
set out the objectives intended to be achieved by the regulatory system established by those provisions;
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means—
a
the period of five years beginning with the day on which this Order comes into force; and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Revocations and amendments27
1
The Pigs (Records, Identification and Movement) Order 2007 is revoked7.
2
In article 12(2) of the F2Disease Control (England) Order 2003 replace “article 10 of the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No 2) Order 2003” with “article 20 of the Pigs (Records, Identification and Movement) (England) Order 2011”.