The Mandatory Use of Closed Circuit Television in Slaughterhouses (Scotland) Regulations 2020
| Jurisdiction | Scotland |
| Citation | SSI 2020/384 |
2020 No. 384
Animals
The Mandatory Use of Closed Circuit Television in Slaughterhouses (Scotland) Regulations 2020
Made 17th November 2020
Coming into force 1st July 2021
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 26 of the Animal Health and Welfare (Scotland) Act 20061and all other powers enabling them to do so.
In accordance with section 26(5) of that Act, the Scottish Ministers have consulted such persons appearing to them to represent relevant interests and such other persons as they consider appropriate.
In accordance with section 51(3) of that Act2, a draft of this instrument has been laid and approved by resolution of the Scottish Parliament.
Citation and commencement
1.—(1) These Regulations may be cited as the Mandatory Use of Closed Circuit Television in Slaughterhouses (Scotland) Regulations 2020.
(2) These Regulations come into force on 1 July 2021.
Interpretation
2. In these Regulations—
“authorised person” means a person who is authorised by the enforcement authority (whether or not an officer of that authority) to act on its behalf in matters of its enforcement function at a slaughterhouse under regulation 18(2) of the Welfare of Animals at the Time of Killing (Scotland) Regulations 20123,
“business operator” has the meaning given in article 2(l) of the EU Regulation,
“a CCTV system” means a closed circuit television system and a system for processing images or information obtained by such a system,
“EU Regulation” means Council Regulation (EC) No 1099/2009of 24 September 2009 on the protection of animals at the time of killing4,
“premises” includes any land, building, shed, pen, receptacle or vehicle, of any description,
“processing” means—
(a) receiving, recording, storing, checking, and retrieving,
(b) disclosure by transmission, dissemination or otherwise making available,
“slaughterhouse” has the meaning given in article 2(k) of the EU Regulation.
Duty to install and operate a CCTV system
3.—(1) A business operator of a slaughterhouse must ensure that a CCTV system is installed that provides a complete and clear image of killing and related operations in all areas of the slaughterhouse where live animals are present.
(2) The business operator must ensure that the CCTV system referred to in paragraph (1) is capable of—
(a)
(a) producing images and information for inspection and seizure without interrupting the operation of the system, and
(b)
(b) processing images and information of the same quality as the original images and information.
(3) The business operator must ensure that the CCTV system referred to in paragraph (1) is operational and kept in good working order at all times when live animals are present at the slaughterhouse.
(4) In this regulation—
(a)
(a) “killing” has the meaning given by article 2(a) of the EU Regulation,
(b)
(b) “related operations” has the meaning given in article 2(b) of the EU Regulation.
Duty to retain CCTV images and information
4.—(1) The business operator must make arrangements for the retention and storage of any images and information obtained by a CCTV system referred to in regulation 3 for 90 days beginning with the date on which the images or information are obtained.
(2) The business operator must ensure that the arrangements under paragraph (1) are appropriate to maintain the integrity and quality of the images and information retained.
Power to inspect and seize
5.—(1) An authorised person who has entered premises for the purposes of enforcing the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012, may for those purposes, or for the purposes of enforcing these Regulations—
(a)
(a) inspect a CCTV system referred to in regulation 3 on those premises and any images or information obtained by such a CCTV system,
(b)
(b) seize or take a copy of any images or information obtained by such a CCTV system,
(c)
(c) seize any CCTV equipment, including computers and associated equipment, installed as part of such a CCTV system which does not comply with regulation 3(2)(a), for the purposes of copying images or information,
(d)
(d) require any person to provide access to a CCTV system referred to in regulation 3 on request for the purposes of viewing images and information obtained by that system,
(e)
(e) require any person to produce or make available for inspection any images or information retained and stored as required by regulation 4 on request,
(f)
(f) make any enquiries, and take recordings or photographs,
(g)
(g) require the production of any document or record without delay and inspect and take a copy of or extract from such document or record, and
(h)
(h) require any person to provide such assistance, information, facilities or equipment as is reasonable, without delay.
(2) An authorised person must as soon as reasonably practicable—
(a)
(a) provide to the person appearing to be responsible for any items that the authorised person seizes under paragraph (1) a written receipt identifying those items, and
(b)
(b) after deciding that those items are no longer required, return them to that person, apart from those to be used as evidence in court proceedings.
(3) Where an authorised person has seized items under paragraph (1) for use in evidence in court proceedings and—
(a)
(a) it is subsequently decided—
(i) that no court proceedings are to be brought, or
(ii) that those items are no longer needed as evidence in court proceedings, or
(b)
(b) the court proceedings are completed and no order in relation to those items has been made by the court,
an authorised person must return the items to the person appearing to be responsible for them as soon as is reasonably practicable.
Enforcement notices
6.—(1) An authorised person who is of the opinion that a person has contravened, or is contravening, these Regulations may serve on that person an enforcement notice.
(2) An enforcement notice is a notice in writing—
(a)
(a) requiring a person to take specified steps to remedy a contravention of these Regulations,
(b)
(b) requiring a person to reduce the rate of operation of a slaughterhouse to such extent as is specified in the notice until that person has taken specified steps to remedy a contravention of these Regulations, or
(c)
(c) prohibiting a person from carrying on such activity, process or operation, or using facilities or equipment, as may be specified in the notice until the person has taken...
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