The Welfare of Farmed Animals (Scotland) Amendment Regulations 2003

JurisdictionScotland
CitationSSI 2003/488
Year2003

2003 No. 488

ANIMALSPREVENTION OF CRUELTY

The Welfare of Farmed Animals (Scotland) Amendment Regulations 2003

Made 2nd October 2003

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:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Welfare of Farmed Animals (Scotland) Amendment Regulations 2003 and shall come into force on the day after the day on which they are made.

S-2 Amendments to the Welfare of Farmed Animals (Scotland) Regulations 2000

Amendments to the Welfare of Farmed Animals (Scotland) Regulations 2000

2.—(1) The Welfare of Farmed Animals (Scotland) Regulations 20002are amended in accordance with paragraphs (2) to (4) of this regulation.

(2) After regulation 2(4) insert–

S-5

“5 Expressions which are not defined in paragraph (1) above and which appear in Council Directive 1991/630/EEC(laying down minimum standards for the protection of pigs)3, Council Directive 2001/88/EC(amending minimum standards for the protection of pigs)4and Commission Directive 2001/93/EC(further amending minimum standards for the protection of pigs)5have the same meaning in these Regulations as they have for the purposes of that Community legislation.”.

(3) After regulation 8 insert–

S-8A

Training

8A. Any person who employs or engages a person to attend to pigs must ensure that the person attending to those pigs has received instruction and guidance on the provisions of these Regulations relevant thereto.”.

(4) Subject to paragraphs (5) and (6) of this regulation, for Schedule 6 substitute the new Schedule 6 contained in the Schedule to these Regulations.

(5) For all holdings except those newly built, substantially re-built or brought into use for the first time on or after the date on which these Regulations come into force, paragraph 29 of Schedule 6 (as substituted by virtue of paragraph (4) above) shall until 1st January 2005 be modified in its application so that, for paragraph 29, there shall apply the following:–

S-29

29. The minimum unobstructed floor area for an adult boar shall be 6 m2.”.

(6) For all holdings except those newly built, substantially re-built or brought into use for the first time on or after the date on which these Regulations come into force, paragraphs 13, 37, 38 and 39 of Schedule 6 shall not apply until 1st January 2013.

ROSS FINNIE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

2nd October 2003

SCHEDULE

Regulation 2(4)

SCHEDULE

SCHEDULE 6

Regulations 2(3) and 8

ADDITIONAL CONDITIONS THAT APPLY TO THE KEEPING OF PIGS

PART I

INTERPRETATION

In this Schedule–

“boar” means a male pig after puberty, intended for breeding;

“gilt” means a female pig intended for breeding after puberty and before farrowing;

“piglet” means a pig from birth to weaning;

“rearing pig” means a pig from the age of ten weeks to slaughter or service;

“sow” means a female pig after the first farrowing; and

“weaner” means a pig from weaning to the age of ten weeks.

PART II

GENERAL ADDITIONAL CONDITIONS

Inspection

All pigs shall be inspected by the owner or keeper of the pigs at least once a day to check that they are in a state of well being.

Where necessary, sick or injured pigs shall be temporarily isolated in suitable accommodation, with dry comfortable bedding where appropriate.

Tethering

No person shall tether or cause to be tethered any pig except while it is undergoing any examination, test, treatment or operation carried out for any veterinary purpose.

Where the use of tethers is permitted in accordance with paragraph 4, they shall not cause injury to the pigs and shall be inspected regularly and adjusted as necessary to ensure a comfortable fit.

Each tether shall be of sufficient length to allow the pigs to move as stipulated in paragraph 6(2) and the design shall be such as to avoid, as far as possible, any risk of strangulation, pain or injury.

Accommodation

A pig shall be free to turn round without difficulty at all times.

The accommodation used for pigs shall be constructed in such a way as to allow each pig to–

stand up, lie down and rest without difficulty;

have a clean, comfortable and adequately drained place in which it can rest;

see other pigs, unless the pig is isolated for veterinary reasons;

maintain a comfortable temperature; and

have enough space to allow all the animals to lie down at the same time.

The dimension of any stall or pen used for holding individual pigs in accordance with these Regulations shall be such that the internal area is not less than the square of the length of the pig, and no internal side is less than 75% of the length of the pig, the length of the pig in each case being measured from the tip of its snout to the base of its tail while it is standing with its back straight.

Sub-paragraph (1) does not apply to a female pig for the period between seven days before the predicted day of its farrowing and the day on which the weaning of its piglets (including any piglets fostered by it) is complete.

A person shall not be guilty of an offence in accordance with regulation 13(1) of contravening or failing to comply with this paragraph by reason of the keeping of a pig in a stall or pen–

while it is undergoing any examination, test, treatment or operation carried out for veterinary purposes;

for the purposes of service, artificial insemination or collection of semen;

while it is fed on any particular occasion;

for the purposes of marking, washing or weighing it;

while its accommodation is being cleaned; or

while it is awaiting loading for transportation,

provided that the period during which it is so kept is not longer than necessary for that purpose.

A person shall not be guilty of an offence in accordance with regulation 13(1) of contravening or failing to comply with this paragraph by reason of the keeping of a pig in a stall or pen which the pig can enter or leave at will, provided that the stall or pen is entered from a stall or pen in which the pig is kept without contravention of this paragraph.

Artificially lit buildings

Where pigs are kept in an artificially lit building then lighting with an intensity of at least 40 lux shall be provided for a minimum period of 8 hours per day subject to paragraph 16 of Schedule 1.

Prevention of fighting

If pigs are kept together, measures shall be taken to prevent fighting which goes beyond normal...

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