The Welfare of Animals at the Time of Killing (Wales) Regulations 2014
| Year | 2014 |
2014No. 951 (W. 92)
ANIMALS, WALES
PREVENTION OF CRUELTY
The Welfare of Animals at the Time of Killing (Wales) Regulations 2014
8April2014
10April2014
20May2014
The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972( 1) in relation to the common agricultural policy of the European Union( 2) and make these Regulations in exercise of those powers, and the powers conferred by paragraph 1A of Schedule 2 to that Act, and with the consent of the Treasury under section 56(1) of the Finance Act 1973( 3).
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Welsh Ministers that it is expedient for the references in these Regulations to the Annexes to Council Regulation (EC) No 1099/2009of 24 September 2009 on the protection of animals at the time of killing( 4) to be construed as references to those Annexes as amended from time to time.
PART 1
General
Title, application and commencement
1. These Regulations-
(a) are entitled the Welfare of Animals at the Time of Killing (Wales) Regulations 2014;(b) apply in relation to Wales; and(c) come into force on 20 May 2014.Expiry
2. (1) The following provisions cease to have effect on 8 December 2015-
(a) regulation 44; and(b) Schedule 7.(2) The following provisions cease to have effect on 8 December 2019-
(a) regulation 30(1)(h);(b) regulation 45; and(c) Schedule 8.Interpretation
3. (1) In these Regulations-
"the 1967 Act" ("Deddf 1967") means the Slaughter of Poultry Act 1967( 5);
"the 1974 Act" ("Deddf 1974") means the Slaughterhouses Act 1974( 6);
"the 1995 Regulations" ("Rheoliadau 1995") means the Welfare of Animals (Slaughter or Killing) Regulations 1995( 7);
"authorised veterinary surgeon" ("milfeddyg awdurdodedig") means a veterinary surgeon authorised by the Welsh Ministers for the purpose of carrying out assessments in accordance with regulation 16(c);
"certificate" ("tystysgrif") (except in the term "temporary certificate" or regulation 41) means a certificate of competence as mentioned in Article 21 and includes a qualification recognised by the competent authority as equivalent to a certificate in accordance with Article 21(7);
"competent authority" ("awdurdod cymwys") has the meaning given in regulation 4;
"EU Regulation" ("Rheoliad UE") means Council Regulation (EC) No 1099/2009of 24 September 2009 on the protection of animals at the time of killing( 8);
"evidence of training and examination" ("tystiolaeth o hyfforddi ac arholi") means-
(a) a certificate granted by a body, recognised and regulated by the Welsh Ministers which oversees the training and assessment of persons carrying out the killing of animals and related operations, confirming the passing of an independent examination as provided for in Article 21,(b) a licence granted by the Rabbinical Commission for the purpose of killing animals in accordance with the Jewish method (Shechita) and confirming the passing of an independent examination as provided for in Article 21, or(c) a formal veterinary qualification, as recognised by the Royal College of Veterinary Surgeons (RCVS)( 9), and RCVS continuing professional development record combined;"horse" ("ceffyl") includes a hinny, ass or mule;
"inspector" ("arolygydd") means a person appointed under regulation 34 or an inspector appointed under section 51 of the Animal Welfare Act 2006( 10);
"knacker's yard" ("iard gelanedd") means a premises used principally for the storage of animal carcases, but also for the commercial killing of animals for purposes other than human consumption, including any associated facilities for handling and lairaging such animals;
"licence" ("trwydded") means a licence as required by regulation 12;
"local authority" ("awdurdod lleol") means a county council or a county borough council;
"Rabbinical Commission" ("y Comisiwn Rabinaidd") means the body referred to in Part 4 of Schedule 3 responsible for licensing persons carrying out the killing of animals in accordance with the Jewish method (Shechita);
"restraining pen" ("lloc ffrwyno") means a pen or compartment which is suitable for restraining an adult bovine animal in an upright position for the purpose of killing in accordance with religious rites (as defined in paragraph 1(c)of Schedule 3) and which is constructed and approved in accordance with paragraph 3 of Schedule 3;
"simple stunning" ("stynio syml") has the same meaning as in Article 4(1) and "simple stunned" ("a styniwyd yn syml") is to be construed accordingly;
"stunning pen" ("lloc stynio") means a pen or compartment which is suitable for restraining an adult bovine animal for the purpose of stunning and which is constructed in accordance with paragraph 8 of Schedule 1 or paragraph 9 of Schedule 2;
"temporary certificate" ("tystysgrif dros dro") means a temporary certificate of competence as mentioned in Article 21(5);
"veterinary surgeon" ("milfeddyg") means a person registered in the register of veterinary surgeons under section 2 of the Veterinary Surgeons Act 1966( 11);
"WASK licence" ("trwydded LlACL") means a registered licence required by or granted in accordance with Schedule 1 to the 1995 Regulations.
(2) Terms and expressions used in these Regulations that are also used in the EU Regulation have the same meaning in these Regulations as they have in the EU Regulation, unless specified otherwise.
(3) In these Regulations, a reference to an Article, a Chapter or an Annex is a reference to that Article or Chapter of, or that Annex to, the EU Regulation.
(4) Any reference to an Annex to the EU Regulation is a reference to that Annex as amended from time to time.
The competent authority
4. (1) The Food Standards Agency is the competent authority for the purposes of-
(a) Part 2 (certificates, temporary certificates and licences), unless specified otherwise;(b) approving restraining pens in accordance with paragraph 3 of Schedule 3; and(c) in relation to the killing of animals in a slaughterhouse-(i) receiving and assessing documents, records or information in accordance with Articles 6(4), 9(1), 14(2) and 17(5);(ii) receiving and assessing other documents, records or information in accordance with the EU Regulation or these Regulations; and(iii) taking action in the event of any non-compliance with the EU Regulation or these Regulations in accordance with Article 22(1).(2) Otherwise, the Welsh Ministers are the competent authority, and act as the member State, for the purposes of the EU Regulation and these Regulations.
(3) The Welsh Ministers may act as the competent authority in relation to-
(a) the suspension or revocation of certificates, temporary certificates or licences under Part 2; and(b) the appointment of inspectors in accordance with regulation 34.PART 2
Certificates, temporary certificates and licences
CHAPTER 1
Certificates and temporary certificates
Requirement for a certificate or temporary certificate
5. (1) Subject to regulations 23(2) and 44, no person may carry out an operation specified in regulation 6except 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 6under 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
6. The operations referred to in regulation 5are-
(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
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
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
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
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)...To continue reading
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