| Year | 2002 |
2002 No. 334
ANIMALSPREVENTION OF CRUELTY
The Welfare of Farmed Animals (Scotland) Amendment Regulations 2002
Made 2nd July 2002
Coming into force in accordance with regulation 1
The Scottish Ministers, in exercise of the powers conferred by section 2 of the Agriculture (Miscellaneous Provisions) Act 19681, and after consultation in accordance with section 2(1) of that Act with such persons appearing to them to represent any interests concerned as they have considered appropriate, hereby make the following Regulations, a draft of which has, in accordance with section 2(3) of that Act, been laid before, and approved by resolution of the Scottish Parliament:
Citation and commencement
l.—(1) These Regulations may be cited as the Welfare of Farmed Animals (Scotland) Amendment Regulations 2002.
(2) These Regulations, other than regulation 2(3), shall come into force on the day after the day on which they are made.
(3) Regulation 2(3) shall come into force on 1st January 2003.
Amendments to the Welfare of Farmed Animals (Scotland) Regulations 2000
2.—(1) The Welfare of Farmed Animals (Scotland) Regulations 20002are amended in accordance with these Regulations.
(2) In regulation 2(1) (interpretation and application)–
(a)
(a) for the definition of “laying hen” substitute–
““laying hen” means a hen of the speciesGallus gallus which has reached laying maturity and is kept for production of eggs not intended for hatching;”;
(b)
(b) after the definition of “laying hen” insert–
““litter” means any friable material enabling the hens to satisfy their ethological needs;
“nest” means a separate space for egg laying, the floor components of which may not include wire mesh that can come into contact with the birds, for an individual hen or for a group of hens;”; and
(c)
(c) after the definition of “statutory welfare code” insert–
““usable area” means an area, other than any nesting area, used by laying hens at least 30 cm wide with a floor slope not exceeding 14% and with headroom of at least 45 cm;”.
(3) Regulation 4 and Schedule 2 are omitted.
(4) For regulation 5 substitute–
“Additional duties on owners and keepers of poultry (other than those kept in the systems referred to in Schedules 3A, 3B and 3C)
5. Owners and keepers of poultry (other than those kept in the systems referred to in Schedules 3A, 3B and 3C) must ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the birds are kept comply with the requirements set out in Schedule 3.”.
(5) After regulation 5 insert–
“Additional duties on owners and keepers of laying hens
5A. Owners and keepers of establishments with more than 350 laying hens must ensure that in addition to the requirements set out in Schedule 1, the conditions under which the birds are kept comply with the requirements set out in Schedules 3A, 3B, 3C and 3D.”.
(6) For regulation 12(a) (powers of entry) substitute–
“(a)
“(a) Council Directive 99/74/EC3laying down minimum standards for the protection of laying hens;”.
(7) For paragraph 2(3)(a) of Schedule 1 (general conditions – inspection) substitute–
“(a)
“(a) in the case of laying hens kept in all systems, paragraph 1 of Schedule 3D;”.
(8) For Schedule 3 substitute–
“SCHEDULE 3
Regulation 5
ADDITIONAL CONDITIONS UNDER WHICH POULTRY (OTHER THAN THOSE KEPT IN THE SYSTEMS REFERRED TO IN SCHEDULES 3A, 3B AND 3C) MUST BE KEPT
Where any poultry (other than those kept in the systems referred to in Schedules 3A, 3B and 3C) are kept in a building they must be kept on, or have access at all times to, well-maintained litter or to a well-drained area for resting.”.
(9) After Schedule 3 insert Schedules 3A, 3B, 3C and 3D as set out in the Schedule to these Regulations.
ROSS FINNIE
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
2nd July 2002
SCHEDULE
Regulation 2(9)
SCHEDULES 3A, 3B, 3C AND 3D AS INSERTED BY THIS SCHEDULE
“SCHEDULE 3A
Regulation 5A
NON-CAGE SYSTEMS
All newly built or rebuilt non-cage systems of production for keeping laying hens and all such systems of production brought into use for the first time, must comply with the requirements of this Schedule.
On or after 1st January 2007, all non-cage systems of production for keeping laying hens must also comply with the requirements of this Schedule.
All systems must be equipped in such a way that all laying hens have–
either linear feeders providing at least 10 cm per hen or circular feeders providing at least 4 cm per hen;
either continuous drinking troughs providing 2.5 cm per hen or circular drinking troughs providing 1 cm per hen, and in addition, where nipple drinkers or cups are used, there must be at least one nipple drinker or cup for every 10 hens and where drinking points are plumbed in, at least two cups or two nipple drinkers must be within reach of each hen;
at least one nest for every seven hens and if group nests are used, there must be at least 1 m2 of nest space for a maximum of 120 hens;
perches, without sharp edges and providing at least 15 cm per hen; perches must not be mounted above the litter; the horizontal distance between perches must be at least 30 cm and the horizontal distance between the perch and the wall must be at least 20 cm;
at...
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