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

PART 2 E+W Certificates, temporary certificates and licences

CHAPTER 1 E+W Certificates and temporary certificates

Requirement for a certificate or temporary certificate E+W

5.—(1) Subject to regulations 23(2) and 44, no person may carry out an operation specified in regulation 6 except under and to the extent authorised by a certificate registered with the competent authority or a temporary certificate.

(2) No person may carry out an operation specified in regulation 6 under a temporary certificate unless that person works in the presence, and under the direct supervision, of a person who holds a certificate registered with the competent authority in relation to that operation.

Operations which require a certificate or temporary certificate E+W

6.  The operations referred to in regulation 5 are—

(a) any of the following operations carried out in a slaughterhouse—

(i) an operation specified in any of sub-paragraphs (a) to (g) of Article 7(2); and

(ii) the pithing of a stunned animal and assessment of effective pithing; and

(b) supervising the killing of fur animals in accordance with Article 7(3).

Certificates E+W

7.  The competent authority must grant and register a certificate if—

(a) the applicant meets the conditions in regulation 8; and

(b) the competent authority is satisfied the applicant is a fit and proper person to hold a certificate.

Conditions for a certificate E+W

8.  The applicant must—

(a) not be less than 18 years old, unless the certificate is required for the following operations—

(i) the handling and care of animals before they are restrained; or

(ii) the shackling or hoisting of live poultry before stunning;

(b) subject to regulation 44, submit evidence of training and examination in respect of the operation, category of animal and (where appropriate) type of equipment for which a certificate is sought;

(c) submit a written declaration in accordance with Article 21(6);

(d) provide written details if the applicant—

(i) has been convicted of any offence concerning the welfare of animals;

(ii) has been refused a licence under the 1967 Act, the 1974 Act, any regulations made under either of those Acts or the 1995 Regulations in relation to the killing of an animal or related operation; or

(iii) has had any such licence revoked or suspended; and

(e) pay a fee in accordance with regulation 24.

Temporary certificates E+W

9.  The competent authority must grant a temporary certificate if—

(a) the applicant meets the conditions in regulation 10; and

(b) the competent authority is satisfied the applicant is a fit and proper person to hold a temporary certificate.

Conditions for a temporary certificate E+W

10.  The applicant must—

(a) not be less than 18 years old, unless the temporary certificate is required for the following operations—

(i) the handling and care of animals before they are restrained; or

(ii) the shackling or hoisting of live poultry before stunning;

(b) submit evidence of registration on a training course in respect of the operation, category of animal and (where appropriate) type of equipment for which a temporary certificate is sought;

(c) submit a written declaration in accordance with Article 21(5)(d) and (6); and

(d) provide written details if the applicant—

(i) has been convicted of any offence concerning the welfare of animals;

(ii) has been refused a licence under the 1967 Act, the 1974 Act, any regulations made under either of those Acts or the 1995 Regulations in relation to the killing of an animal or related operation; or

(iii) has had any such licence revoked or suspended.

Grant of certificates and temporary certificates E+W

11.—(1) A certificate or temporary certificate must specify the operation, category of animal and (where appropriate) type of equipment in respect of which it has been granted.

(2) A certificate or temporary certificate may be granted in respect of an operation, category of animal and (where appropriate) type of equipment only if—

(a) in the case of a certificate, the evidence of training and examination submitted with the application for the certificate relates to that operation, category of animal and type of equipment; or

(b) in the case of a temporary certificate, the training course on which the applicant is registered provides training in relation to that operation, category of animal and type of equipment.

(3) Certificates or temporary certificates granted in Scotland, Wales, Northern Ireland or another member State for operations which require a certificate or temporary certificate in England under these Regulations have effect in England as if they were certificates or temporary certificates granted under these Regulations.

CHAPTER 2 E+W Licences

Requirement for a licence E+W

12.  Subject to regulations 14 and 23(2), no person may carry out an operation specified in regulation 13 except under and to the extent authorised by a licence registered with the competent authority.

Operations which require a licence E+W

13.  The operations referred to in regulation 12 are any of the following operations carried out other than in a slaughterhouse—

(a) an operation specified in any of sub-paragraphs (b) to (f) of Article 7(2) carried out for the purposes specified in Article 10 (private domestic consumption) by a person other than the owner of the animal;

(b) an operation specified in any of sub-paragraphs (b) to (f) of Article 7(2) carried out for the purposes specified in Article 11 (direct supply of small quantities of poultry, rabbits and hares);

(c) in relation to the killing, other than for human consumption, of solipeds, ruminants, pigs, rabbits, poultry or ratites—

(i) the restraint of animals for the purpose of stunning;

(ii) the stunning of animals;

(iii) the assessment of effective stunning;

(iv) the shackling or hoisting of stunned animals, other than poultry;

(v) the bleeding of live animals; and

(d) the pithing of a stunned animal and assessment of effective pithing.

Exceptions to the requirement for a licence E+W

14.  Regulation 12 does not apply to any person who—

(a) holds a certificate registered with the competent authority, provided that the scope of the certificate extends to the operation being undertaken;

(b) works in the presence, and under the direct supervision, of a person who holds a certificate or licence registered with the competent authority, provided that the scope of the certificate or licence extends to the operation being undertaken;

(c) works in the presence, and under the direct supervision, of a veterinary surgeon;

(d) carries out the emergency killing of an animal;

(e) kills an animal other than for a commercial purpose;

(f) for purposes other than human consumption, kills an animal in the field by means of a free bullet;

(g) for purposes other than human consumption, kills poultry by means of cervical dislocation (where there are no other methods available for stunning) on premises forming part of an agricultural holding on which the poultry were reared;

(h) kills an animal for the purpose of depopulation;

(i) kills surplus chicks or embryos in hatchery waste;

(j) is a veterinary surgeon acting in the exercise of the veterinary surgeon’s profession; or

(k) kills an animal in circumstances which are out of scope of the EU Regulation by virtue of Article 1(3)(a).

Licences E+W

15.  The competent authority must grant and register a licence if—

(a) the applicant meets the conditions in regulation 16; and

(b) the competent authority is satisfied the applicant is a fit and proper person to hold a licence.

Conditions for a licence E+W

16.  The applicant must—

(a) not be less than 18 years old;

(b) provide written details if the applicant—

(i) has been convicted of any offence concerning the welfare of animals;

(ii) has been refused a licence under the 1967 Act, the 1974 Act, any regulations made under either of those Acts or the 1995 Regulations in relation to the killing of an animal or related operation; or

(iii) has had any such licence revoked or suspended;

(c) provide evidence in writing that an authorised veterinary surgeon has assessed the applicant and is of the opinion that the applicant—

(i) is competent to carry out the operation in respect of the category of animal and (where appropriate) type of equipment for which a licence is sought without causing an animal avoidable pain, distress or suffering, and

(ii) has sufficient knowledge of the provisions of all relevant legislation and guidance relating to that operation, category of animal and (where appropriate) type of equipment for which the licence is sought; and

(d) pay a fee in accordance with regulation 24.

Grant of licences E+W

17.—(1) A licence must specify the operation, category of animal and (where appropriate) type of equipment in respect of which it has been granted.

(2) A licence may be granted in respect of an operation, category of animal and (where appropriate) type of equipment only if the assessment referred to in regulation 16(c) relates to that operation, category of animal and type of equipment.

(3) Certificates or licences granted in Scotland, Wales or Northern Ireland for operations which must be licensed in England under these Regulations have effect in England as if they were licences granted under these Regulations.

CHAPTER 3 E+W Administrative provisions

Refusal to grant a certificate, temporary certificate or licence E+W

18.—(1) The competent authority may, by notice in writing, refuse to grant a certificate, temporary certificate or licence if satisfied that the applicant—

(a) has failed to meet any of the conditions in regulations 8, 10 or 16 (as the case may be); or

(b) is not a fit and proper person to hold a certificate, temporary certificate or licence.

(2) The notice must—

(a) give reasons for the refusal; and

(b) give details of the right of appeal against the decision.

Suspension or revocation of a certificate, temporary certificate or licence E+W

19.—(1) The competent authority may, by notice in writing, suspend or revoke a certificate, temporary certificate (including a certificate or temporary certificate granted in another member State) or licence if satisfied that the holder of the certificate, temporary certificate or licence—

(a) has failed to comply with any provision of the EU Regulation or these Regulations;

(b) is no longer a fit and proper person to hold it;

(c) is not, or is no longer, competent to carry out the operations which the certificate, temporary certificate or licence authorises; or

(d) has been convicted of an offence concerning the welfare of animals.

(2) The notice must—

(a) give reasons for the suspension or revocation;

(b) state when the suspension or revocation comes into effect and, in the case of suspension, state on what date or event it is to cease to have effect; and

(c) give details of the right of appeal against the decision.

(3) Any person whose certificate, temporary certificate or licence is suspended or revoked must, whether or not that suspension or revocation is the subject of an appeal pursuant to regulation 22, surrender it to the competent authority within 14 days of receipt of the notice informing that person of the suspension or revocation.

Modification of a certificate or licence E+W

20.  The competent authority must modify a certificate or licence in respect of an operation, category of animal or (where appropriate) type of equipment as requested by an applicant if—

(a) the applicant meets the conditions in regulation 8 or 16 (as the case may be) in respect of the modification; and

(b) the competent authority is satisfied the applicant is a fit and proper person to hold a certificate or licence, as modified.

Refusal to modify a certificate or licence E+W

21.—(1) The competent authority may, by notice in writing, refuse to modify a certificate or licence if satisfied that the applicant—

(a) has failed to meet the conditions in regulation 8 or 16 (as the case may be) in respect of the modification; or

(b) is not a fit and proper person to hold a certificate or licence, as modified.

(2) The notice must—

(a) give reasons for the refusal; and

(b) give details of the right of appeal against the decision.

Appeals E+W

22.—(1) A person who is aggrieved by a decision of the competent authority to refuse, suspend or revoke a certificate, temporary certificate or licence, or to refuse to modify a certificate or licence, may appeal against it.

(2) The right of appeal is to the First-tier Tribunal.

(3) A decision to suspend or revoke a certificate, temporary certificate or licence is not suspended pending an appeal unless the First-tier Tribunal orders otherwise.

(4) On appeal the First-tier Tribunal may either overturn or confirm the decision, with or without modification.

WASK licences E+W

23.—(1) A WASK licence in force immediately before the coming into force of these Regulations continues in existence as a qualification equivalent to a certificate in accordance with Article 21(7).

(2) A WASK licence holder may carry out an operation specified in regulation 6 or 13 without holding a certificate or licence registered with the competent authority provided that, by 8th December 2015, the WASK licence holder—

(a) registers the WASK licence as a certificate with the competent authority; and

(b) pays a fee in accordance with regulation 24.

Fees E+W

24.—(1) In respect of an application of a type described in column 1 of the Table, a person must pay to the Food Standards Agency the fee specified in column 2 in relation to that type of application.

Table

Column 1 Type of application	Column 2 Fee (£)
Application for a certificate	25
Application to register a WASK licence as a certificate	25
Application to modify a certificate	8
Application for a licence	25
Application to modify a licence	8

(2) In respect of an assessment under regulation 16(c) by an authorised veterinary surgeon exercising functions on behalf of the Secretary of State, a person must pay to the Secretary of State a fee calculated in accordance with paragraph (3).

(3) The fee referred to in paragraph (2) is—

(a) £76 for the first half-hour or part thereof spent by an authorised veterinary surgeon on an assessment including time spent on associated documentation;

(b) £21 for each additional half-hour or part thereof spent by an authorised veterinary surgeon on an assessment including time spent on associated documentation; and

(c) the actual cost of travelling, accommodation and any other expenses reasonably incurred by the authorised veterinary surgeon.