The Welfare of Animals at the Time of Killing (England) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Regulations make provision in England for the administration and enforcement of Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (OJ No L 303, 18.11.2009, p1) (“the EU Regulation”) and certain national rules maintained or adopted under Article 26(1) and (2) of the EU Regulation.

The Regulations revoke the Welfare of Animals (Slaughter or Killing) Regulations 1995 (S.I. 1995/731) and amending instruments insofar as they apply to England. (They have already been revoked in relation to Wales).

Part 1 is introductory and includes definitions and designates the competent authority responsible for various functions under the Regulations.

Chapter 1 of Part 2 requires persons to obtain an EU certificate of competence or temporary certificate of competence before killing animals or carrying out related operations in a slaughterhouse. These requirements are subject to the transitional arrangements in Schedule 7 which apply until 8th December 2015. Chapter 2 of Part 2 requires persons to obtain a national licence before killing animals or carrying out related operations elsewhere than in a slaughterhouse, subject to exceptions. The Regulations provide for the refusal, suspension or revocation of certificates of competence, temporary certificates of competence or licences and for the right to appeal against a decision to refuse, suspend or revoke them.

Part 3 and Schedules 1 to 4 set out national rules that have been maintained or adopted in accordance with Article 26(1) and (2) of the EU Regulation to ensure more extensive protection of animals at the time of killing.

Part 4 makes provision for the Secretary of State to grant derogations from the provisions of the EU Regulation in exceptional circumstances where compliance is likely to affect human health or significantly slow down the eradication of a disease.

Part 5 sets out the offences for contravening these Regulations or the EU Regulation. Regulation 33 sets out the penalties on summary conviction.

Part 6 contains provisions relating to enforcement. Inspectors, appointed by the competent authority and local authorities, are given powers to require compliance with these Regulations and the EU Regulation, including powers of entry and seizure and powers to issue enforcement notices. Breaching an enforcement notice and obstructing inspectors is an offence.

Part 7 introduces Schedule 6, which makes consequential and supplementary amendments. Schedule 6 also revokes the Welfare of Animals at Time of Killing (Consequential Amendments) (Wales) Regulations 2014 (S.I. 2014/2124 (W.208)) which made consequential amendments now superseded by the other provisions in Schedule 6. Part 7 introduces Schedules 7 and 8 which make transitional provisions. Regulation 46 requires the Secretary of State to review the operation and effect of the Regulations and publish a report within five years of 5th November 2015 and within every five years thereafter.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Environment, Food and Rural Affairs, 17 Smith Square, London SW1P 3JR or the Defra website at www.gov.uk, and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.