The Artificial Insemination of Cattle (Animal Health) (Amendment) (Wales) Regulations 2002

Welsh Statutory Instruments

2002 No. 1131 (W. 118)

AGRICULTURE, WALES

LIVESTOCK INDUSTRIES

The Artificial Insemination of Cattle (Animal Health) (Amendment) (Wales) Regulations 2002

Made

17th April 2002

Coming into force

18th April 2002

The National Assembly for Wales, in exercise of its powers under sections 10(1) and 10(2)(a) of the Animal Health and Welfare Act 1984(1), makes the following Regulations:

Title, commencement and application

1.—(1) These Regulations may be cited as the Artificial Insemination of Cattle (Animal Health) (Amendment) (Wales) Regulations 2002 and shall come into force on 18th April 2002.

(2) These Regulations shall apply to Wales only.

Amendments to the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985

2.—(1) The Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985(2) shall be amended in accordance with the following paragraphs.

(2) In paragraph (1) of regulation 2 (interpretation)—

(a) immediately after the definition of “embryo transfer unit”, there shall be inserted the following definition—

““emergency licence” means an emergency licence issued under the Artificial Insemination of Cattle (Emergency Licences) (Wales) Regulations 2001(3) or the Artificial Insemination of Cattle (Emergency Licences) (England) Regulations 2001(4).”

(b) immediately after the definition of “semen shop licence”, there shall be inserted the following definition—

““special acceptance licence” means a licence issued under regulation 7(1)(j);”; and

(c) immediately after the definition of “special movement licence”, there shall be inserted the following definition—

““special transfer licence” means a licence issued under regulation 7(1)(i);”.

(3) In regulation 4 (application of regulations), for paragraph (3A), there shall be substituted the following paragaph—

“(3A) These regulations shall not apply to anything done in accordance with the conditions of an emergency licence.”.

(4) In regulation 7 (licences)—

(a) in paragraph (1)—

(i) at the end of sub-paragraph (g), for the full stop, a semi-colon shall be substituted;

(ii) at the end of sub-paragraph (h), for the full stop, a semi-colon shall be substituted; and

(iii) after sub-paragraph (h), there shall be added the following sub-paragraphs—

“(i) a special transfer licence; and

(j) a special acceptance licence.”.

(b) after paragraph (9A), there shall be added the following paragraphs—

“(9B) A special transfer licence shall authorise the licensee to move or cause or permit semen collected and processed in accordance with an emergency licence to be moved from a farm storage unit specified in the special transfer licence to a supply centre so specified.

(9C) A special acceptance licence shall authorise the licensee to accept semen at a supply centre specified in that licence and in accordance with the provisions of regulation 21(d).”.

(5) In regulation 21 (acceptance of semen for supply)—

(a) at the end of paragraph (a), the word “or” shall be deleted;

(b) at the end of paragraph (b), the word “or” shall be deleted;

(c) at the end of paragraph (c)—

(i) for the full stop, a semi-colon shall be substituted, and

(ii) there shall be inserted the word “or”; and

(d) after paragraph (c), there shall be added the following paragraph—

“(d) the semen—

(i) was collected and processed in accordance with an emergency licence from a bull that has been approved in accordance with regulation 5 (whether the bull was approved at the time of collection or subsequently),

(ii) has subsequently been stored in accordance with the conditions of an emergency licence or a farm storage licence,

(iii) has been moved in accordance with the conditions of a special transfer licence, and

(iv) is accepted in accordance with the conditions of a special acceptance licence.”.

(6) In regulation 24 (general prohibition on use of semen)—

(a) for paragraph (a), there shall be substituted the following paragraph—

“(a) that semen—

(i) has been obtained from a supply centre or a semen shop from which the semen was moved in accordance with the provisions of these Regulations or in accordance with the conditions of an emergency licence,

(ii) has been obtained from a processing centre from which the semen was moved in accordance with the provisions of these Regulations, in accordance with the conditions of either a special movement licence or an emergency licence, or

(iii) was collected in accordance with the conditions of an emergency licence, and”;

(b) in paragraph (b)(iv), immediately after the words “Agricultural Training Board”, there shall be inserted the words “or the National Assembly for Wales”.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5)

John Marek

The Deputy Presiding Officer of the National Assembly

17th April 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Wales, amend the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 (S.I. 1985/1861) (referred to in this note as the 1985 Regulations) in order to make transitional provisions relating to the expiry of emergency licences issued under the Artificial Insemination of Cattle (Emergency Licences) (Wales) Regulations 2001 (S.I. 2001/1539 (W.107)) during the recent outbreak of foot-and-mouth disease and to enable the National Assembly for Wales to recognise training courses in addition to those already recognised by the (now defunct) Agricultural Training Board.

Regulation 2(2) of these Regulations inserts new definitions of “emergency licence”, “special acceptance licence” and “special transfer licence” into regulation 2(1) of the 1985 Regulations.

Regulation 2(3) amends regulation 4(3A) of the 1985 Regulations to reflect the new definition of “emergency licence”.

Regulation 2(4) amends regulation 7 of the 1985 Regulations to provide for the issue of special transfer licences and special acceptance licences.

Regulation 2(5) amends regulation 21 of the 1985 Regulations to permit (subject to conditions) the acceptance for supply of semen collected and processed in accordance with an emergency licence.

Regulation 2(6) amends regulation 24 of the 1985 Regulations to permit the use of semen collected or moved in accordance with an emergency licence and to enable the National Assembly for Wales to recognise training courses.

A Regulatory Appraisal has not been prepared in respect of these Regulations.

(1)

1984 c. 40. All functions of Ministers of the Crown under the Animal Health and Welfare Act 1984 were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) in so far as such functions are exercisable in relation to Wales.

(2)

S.I. 1985/1861: relevant amendments in relation to Wales are S.I. 1992/671, S.I. 1995/2549, S.I. 1996/3124, and S.I. 2001/1539 (W.107).

(3)

S.I. 2001/1539 (W.107).

(4)

S.I. 2001/1513.

(5)

1998 c. 38.