The Sheep and Goats (Records, Identification and Movement) (England) Order 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/3100 |
| Year | 2005 |
2005 No. 3100
ANIMALS, ENGLANDANIMAL HEALTH
The Sheep and Goats (Records, Identification and Movement) (England) Order 2005
Made 6th November 2005
Coming into force 30th November 2005
The Secretary of State, in exercise of the powers conferred on her by sections 1, 8(1) and 72 of the Animal Health Act 19811, makes the following Order:
PART 1
Introduction
Title, application and commencement
1. This Order—
(a) may be cited as the Sheep and Goats (Records, Identification and Movement) (England) Order 2005;
(b) applies in England; and
(c) comes into force on 30th November 2005.
Interpretation
2.—(1) In this Order, except where the context otherwise requires—
“assembly centre” means an assembly centre as defined in regulation 1(2) of the Animals and Animal Products (Import and Export) (England) Regulations 20052and approved by the Secretary of State in accordance with regulation 12(2) of those Regulations;
“Council Directive 92/102/EEC” means Council Directive 92/102/EECon the identification and registration of animals3;
“Council Regulation” means Council Regulation (EC) No. 21/2004establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003and Directives 92/102/EECand 64/432/EEC4;
“CPH”, in the forms in Schedules 2 and 3, means the county parish holding number assigned from time to time to any premises or part of any premises by the Secretary of State;
“flockmark”, except in paragraph 18 of Schedule 1, means the number allocated by the Secretary of State in respect of a flock of sheep on a holding;
“herdmark”, except in paragraph 18 of Schedule 1, means the number allocated by the Secretary of State in respect of a herd of goats on a holding;
“holding of import” means the holding to which animals imported from a third country are first moved for the purposes of livestock farming;
“identification tag” means the eartag referred to in paragraph 5 of Schedule 1 and approved by the Secretary of State in accordance with article 22;
“local authority” means—
(a) where there is, within the meaning of Local Government Changes for England Regulations 19945, a unitary authority for that local government area, that authority;
(b) where there is not a unitary authority—
(i) in a metropolitan district, the council of that district;
(ii) in a non-metropolitan county, the council of that county; or
(iii) in each London borough, the council of that borough;
(iv) in the city of London, the Common Council;
“movement document” means the movement document required by Article 6 of the Council Regulation;
“movement tag”, except in paragraph 18 of Schedule 1, means an eartag approved by the Secretary of State in accordance with article 22 with a code comprising the following information, printed in the following order—
(a) the letter “S”; and
(b) the flockmark or herdmark of the flock or herd the animal is leaving;
“the previous Orders” means—
(a) the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 20026;
(b) the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 20027;
(c) the Sheep and Goats Identification (England) Order 20008;
(d) the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No. 2) Order 20029;
(e) the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 200210;
(f) the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 200211;
(g) the Identification and Movement of Sheep and Goats Order (Northern Ireland) 200412;
(h) the Identification and Movement of Sheep and Goats Order (Northern Ireland) 199713;
(i) the Sheep and Goats Identification (Scotland) Regulations 200014; or
(j) the Sheep and Goats Movement (Interim Measures)(Scotland) Order 200215;
“register” means the register required by Article 5 of the Council Regulation;
“R tag” means a red eartag approved by the Secretary of State in accordance with article 22 with a code comprising the following information, printed in the following order—
(a) the letters “UK”;
(b) the flockmark or herdmark of the flock or herd the animal is in when the eartag is applied;
(c) a unique number; and
(d) the letter “R”;
“R tattoo” means a tattoo with the following information, in the following order—
(a) the flockmark or herdmark of the flock or herd the animal is in when the tattoo is applied;
(b) a unique number; and
(c) the letter “R”;
“temporary grazing” means a holding on to which a keeper moves an animal for a limited period of time for the purpose of being fed or pastured;
“unique number” means a number that is unique to an animal in a flock or herd and contains no more than 6 digits;
“X tag” means an eartag approved by the Secretary of State in accordance with article 22 with a code comprising the following information, printed in the following order—
(a) the letters “UK”;
(b) the flockmark or herdmark of the flock or herd the animal is leaving;
(c) a unique number; and
(d) the letter “X”.
(2) Expressions not defined in paragraph (1) which are used in this Order and which are also used in the Council Regulation have the same meaning in this Order as they have in that Council Regulation.
Individual identification code
3.—(1) A reference in this Order to the “individual identification code” of an animal, other than an animal bearing more than one eartag or tattoo with a number identifying the animal individually, is a reference to the code on—
(a)
(a) the first means of identification attached to the animal in accordance with the Council Regulation; or
(b)
(b) the eartag or tattoo by means of which an animal born on before 9th July 2005 was individually identified in accordance with any of the previous Orders or, in the case of an animal not so identified, the code on the identification tag.
(2) In the case of an animal bearing more than one eartag or tattoo with a number identifying the animal individually, a reference in this Order to the “individual identification code” is—
(a)
(a) in the case of an animal not from Northern Ireland, the eartag or tattoo with the letters “UK” and a number identifying the animal individually or, if the animal is not so marked, the eartag or tattoo most recently applied that identifies the animal individually; or
(b)
(b) in the case of an animal from Northern Ireland, the code applied to the eartag in the animal’s left ear.
The competent authority
4. The Secretary of State is the competent authority for the purposes of the Council Regulation.
Authorisations
5. Any authorisations, approvals or permissions issued under this Order or the Council Regulation shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time.
PART 2
Identification of animals
Identification of animals born after 9th July 2005
6.—(1) Every keeper must comply with Article 4(1)(first paragraph) and Article 4(2)(a) and (b) of the Council Regulation and this article.
(2) For the purposes of Article 4(1) of the Council Regulation, the time limits for identifying an animal are—
(a)
(a) 9 months from the date of birth, in the case of an animal kept in extensive or free range farming conditions; or
(b)
(b) 6 months from the date of birth, in the case of any other animal.
(3) The identification code for the first means of identification for the purposes of Section A.2 of the Annex to the Council Regulation is the following information, printed in the following order—
(a)
(a) the letters “UK”;
(b)
(b) the flockmark or herdmark of the flock or herd of birth; and
(c)
(c) a unique number.
Identification for animals moved from the holding of birth or holding of import within the United Kingdom
7.—(1) Pursuant to Article 4(2)(c) of the Council Regulation, the system to replace the second means of identification, other than for an animal involved in intra-Community trade, is the system in Schedule 1.
(2) The provisions of Schedule 1 apply in addition to the requirements of—
(a)
(a) Articles 4(1), 4(2)(a), 4(4), 4(5) and 4(6) of the Council Regulation and this Part of this Order;
(b)
(b) Articles 5(1), 5(3) and 5(5) of the Council Regulation and Part 3 of this Order; and
(c)
(c) Articles 6(1) and 6(3) of the Council Regulation and Part 4 of this Order.
(3) Schedule 1 also applies to animals born on or before 9th July 2005.
Identification for animals moved to another member State from the holding of birth or holding of import
8.—(1) In the case of an animal born after 9th July 2005 and involved in intra-Community trade, Schedule 1 does not apply, and the second means of identification specified in Article 4(2)(b) of the Council Regulation is an eartag or electronic transponder conforming to Section A.4 of the Annex to the Council Regulation.
(2) The second means of identification shall bear—
(a)
(a) an identification code identical to that applied to the first means of identification under article 6(3), in the case of an animal born in England, or article 10(3), in the case of an animal imported from a third country; or
(b)
(b) in the case of an eartag only, the letters “UK”, the flockmark or herdmark of the flock or herd of birth or import, a unique number and the letter “X”.
Animals intended for slaughter
9. The identification method referred to in Article 4(3) of the Council Regulation and described in Section A.7 of the Annex to that Regulation shall not be used.
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