The Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014

Made: 8th April 2014

Coming into operation: 21st May 2014

The Department of Agriculture and Rural Development is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Union and makes these Regulations in exercise of those powers and paragraph 1A of Schedule 2 to that Act.

To the extent these Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, it appears to the Department that it is expedient for the references in these Regulations to the Annexes to Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing to be construed as references to those Annexes as amended from time to time.

PART 1 — GENERAL

Citation and commencement

1

These Regulations may be cited as the Welfare of Animals at the Time of Killing Regulations (Northern Ireland) 2014 and shall come into operation on 21st May 2014.

Expiry

2

• (1) The following provisions cease to have effect on 8th December 2015—

• (a) regulation 36; and

• (b) Schedule 7.

• (2) The following provisions cease to have effect on 8th December 2019—

• (a) regulation 23(1)(g);

• (b) regulation 37; and

• (c) Schedule 8.

Interpretation

3

• (1) In these Regulations—

• “the 1996 Regulations” means the Welfare of Animals (Slaughter or Killing) Regulations (Northern Ireland) 1996 ;

• “authorised veterinary surgeon” means a veterinary surgeon authorised by the Department for the purposes of these Regulations;

• “certificate” (except in the terms “temporary certificate”, “transitional certificate” or as used in regulation 34(2)) 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” has the meaning given in regulation 4;

• “the Department” means the Department of Agriculture and Rural Development;

• “EU Regulation” means Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing ;

• “evidence of training and examination” means—a certificate granted by a body, recognised and regulated by the Office of Qualifications and Examinations Regulation (Ofqual) 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; a document attesting the passing of an independent final examination issued by— a body designated by the Republic of Ireland as responsible for delivering certificates in accordance with Article 21(1) of the EU Regulation as it has effect in EU law as amended from time to time, ora body to whom the function of the final examination or the issuing of certificates has been delegated in the Republic of Ireland in accordance with Article 21(2) of the EU Regulation as it has effect in EU law as amended from time to time;a certificate issued in the Republic of Ireland in reliance on Article 29(2) of the EU Regulation as it has effect in EU law;a licence granted by the Rabbinical Commission for the purpose of slaughtering animals in accordance with the Jewish method (Shechita) and confirming the passing of an independent examination as provided for in Article 21; ora formal veterinary qualification, as recognised by the Royal College of Veterinary Surgeons (RCVS) , and RCVS continuing professional development record combined;

• “horse” includes a hinny, ass or mule;

• “inspector” means an inspector appointed under regulation 27 or an inspector appointed under section 45 of the Welfare of Animals Act (Northern Ireland) 2011 ;

• “killing establishment” means any premises, including a knacker's yard, 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;

• “Rabbinical Commission” means the Rabbinical Commission for the licensing of Shochetim in England and Wales or the Chief Rabbi in Scotland, responsible for licensing persons carrying out the slaughter of animals in accordance with the Jewish method (Shechita);

• “restraining facility for non-stun slaughter” means a pen or compartment which is—suitable for restraining a bovine animal in an upright position for the purpose of slaughtering in accordance with religious rites (as defined in paragraph 1(c) of Schedule 3); andapproved in accordance with paragraph 3 of Schedule 3;

• “simple stunning” has the same meaning as in Article 4(1) and “simple stunned” is to be construed accordingly;

• “stunning pen” 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” means a temporary certificate of competence as mentioned in Article 21(5);

• “transitional certificate” means a transitional certificate of competence as mentioned in Part 2 of Schedule 7;

• “veterinary surgeon” means a person registered in the register of veterinary surgeons under section 2 of the Veterinary Surgeons Act 1966 ; and

• “WASK licence” means a registered licence required by or granted in accordance with Schedule 1 to the 1996 Regulations or Schedule 1 to the Welfare of Animals (Slaughter or Killing) Regulations 1995 .

• (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.

• (5) The Interpretation Act (Northern Ireland) 1954 , except section 20(2) and (3), shall apply to these Regulations as it applies to an Act of the Assembly.

The competent authority

4

The Department is the competent authority for the purposes of the EU Regulation and these Regulations.

PART 2 — CERTIFICATES AND TEMPORARY CERTIFICATES

Requirement for a certificate or temporary certificate

5

• (1) Subject to regulation 36 and Schedule 7, no person may carry out an operation specified in regulation 6 except 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 6 under 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 5 are—

• (a) a slaughter operation specified in Article 7(2)(a) to (g);

• (b) the pithing of a stunned animal;

• (c) the assessment of effective pithing;

• (d) supervising the killing of fur animals in accordance with Article 7(3); and

• (e) the slaughtering of poultry, rabbits and hares on the farm for the purpose of directly supplying small quantities of meat by the producer to the final consumer or to local retail establishments supplying such meat directly to the final consumer as fresh meat where the number of animals slaughtered on the farm exceeds the maximum number of animals referred to in Article 11.

Certificates

7

The competent authority shall 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 shall—

• (a) not be less than 16 years old;

• (b) subject to regulation 36, 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); and

• (d) provide written details if the applicant has—

• (i) been convicted of an offence concerning the welfare of animals;

• (ii) been refused a licence under the 1996 Regulations in relation to the killing of an animal or related operation; or

• (iii) had any such licence revoked or suspended.

Temporary certificates

9

The competent authority shall 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 shall—

• (a) not be less than 16 years old;

• (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) provide written details if the applicant has—

• (i) been convicted of an offence concerning the welfare of animals;

• (ii) been refused a licence under the 1996 Regulations in relation to the killing of an animal or related operation; or

• (iii) had any such licence revoked or suspended.

Grant of certificates and temporary certificates

11

• (1) A certificate or temporary certificate shall specify the operation, category of animal and (where appropriate) type of equipment in respect of which it has been granted.

• (2) A certificate or temporary certificate may be granted in respect of an operation, category of animal and (where appropriate) type of equipment only if—

• (a) in the case of a certificate, the evidence of training and examination submitted with the application for the certificate relates to that operation, category of animal and type of equipment; or

• (b) in the case of a temporary certificate, the training course on which the applicant is registered provides training in relation to that operation, category of animal and type of equipment.

• (3) Certificates, temporary certificates or licences granted in England, Scotland, Wales or a member State for operations which require a certificate in Northern Ireland under these Regulations shall have effect in Northern Ireland as if they were certificates or temporary certificates granted under these Regulations.

PART 3 — ADMINISTRATIVE PROVISIONS

Refusal to grant a certificate or temporary certificate

12

• (1) The competent authority may, by notice in writing served on the applicant, refuse to grant a certificate or a temporary certificate if satisfied that the applicant—

• (a) has failed to meet any of the conditions in regulation 8 or 10 (as the case may be); or

• (b) is not a fit and proper person to hold a certificate or temporary certificate of competence.

• (2) The notice shall—

• (a) give reasons for the refusal; and

• (b) give details of the right of review by the competent authority against the decision.

Suspension or revocation of a certificate or temporary certificate

13

• (1) The competent authority may, by notice in writing served on the holder of the certificate or temporary certificate, suspend or revoke a certificate or temporary certificate, (including a certificate or temporary certificate granted in a member State ), if satisfied that the holder of the certificate or temporary certificate—

• (a) has failed to comply with any provision of the EU Regulation or these Regulations;

• (b) is no longer a fit and proper person to hold it;

• (c) is not, or is no longer, competent to carry out the operations which the certificate or temporary certificate authorises; or

• (d) has been convicted of an offence concerning the welfare of animals.

• (2) The notice shall—

• (a) give reasons for the suspension or revocation;

• (b) state when the suspension or revocation comes into effect and, in the case of suspension, state on what date or event it is to cease to have effect; and

• (c) give details of the right of review by the competent authority against the decision.

• (3) Any person whose certificate or temporary certificate is suspended or revoked shall, whether or not that suspension or revocation is the subject of a review pursuant to regulation 16, surrender it to the competent authority within 14 days of receipt of the notice informing that person of the suspension or revocation.

Modification of a certificate

14

The competent authority shall modify a certificate in respect of an operation, category of animal or (where appropriate) type of equipment on request by an applicant if—

• (a) the applicant meets the conditions in regulation 8 in respect of the modification; and

• (b) the competent authority is satisfied the applicant is a fit and proper person to hold a certificate, as modified.

Refusal to modify a certificate

15

• (1) The competent authority may, by notice in writing, refuse to modify a certificate if satisfied that the applicant—

• (a) has failed to meet the conditions in regulation 8 in respect of the modification; or

• (b) is not a fit and proper person to hold a certificate, as modified.

• (2) The notice shall—

• (a) give reasons for the refusal; and

• (b) give details of the right of review by the competent authority against the decision.

Review by the competent authority

16

• (1) A person who is aggrieved by a decision of the competent authority to refuse, suspend or revoke a certificate or temporary certificate or to refuse to modify a certificate shall have a right to make representations (oral or written) to the competent authority and to have those representations considered by an independent person appointed by the competent authority.

• (2) Any representations shall be made within 21 days of the person receiving notification of the decision of the competent authority.

• (3) The independent person shall consider the representations and make recommendations in writing to the competent authority.

• (4) The competent authority shall—

• (a) reconsider its decision in the light of the recommendations of the independent person; and

• (b) give the person who made the representations written notification of its final determination and the reasons for it.

• (5) A person who is aggrieved by the final determination of the competent authority under paragraph (4) may, within 21 days of the notification of the determination, appeal against that determination to a court of summary jurisdiction.

WASK licences

17

• (1) On the coming into operation of these Regulations, the holder of a valid WASK licence shall surrender the WASK licence to the competent authority.

• (2) On surrender of a valid WASK licence the competent authority shall issue a certificate in respect of the holder.

PART 4 — NATIONAL RULES

Additional requirements for slaughterhouses

18

Schedule 1 (additional requirements for slaughterhouses) has effect.

Additional requirements for killing animals other than in slaughterhouses

19

Schedule 2 (additional requirements for killing animals other than in slaughterhouses) has effect.

Additional requirements for slaughtering animals in accordance with religious rites

20

Schedule 3 (additional requirements for slaughtering animals in accordance with religious rites) has effect.

Killing animals other than those to which the EU Regulation applies

21

Schedule 4 (killing animals other than those to which the EU Regulation applies) has effect.

PART 5 — DEROGATION

Depopulation operations

22

Where the competent authority grants a derogation under Article 18(3), the competent authority must publish notice in writing of that decision which may be—

• (a) subject to conditions;

• (b) published in such manner as the competent authority thinks fit; and

• (c) amended, suspended or revoked in writing.

PART 6 — OFFENCES AND PENALTIES

Offences

23

• (1) It is an offence for a person to contravene, or to cause or permit a person to contravene—

• (a) regulation 5 (requirement for a certificate or temporary certificate);

• (b) any of paragraphs 3 to 32 of Schedule 1 (additional requirements for slaughterhouses);

• (c) any of paragraphs 4 to 43 of Schedule 2 (additional requirements for killing animals other than in slaughterhouses);

• (d) any of paragraphs 2 to 8 of Schedule 3 (additional requirements for slaughtering animals in accordance with religious rites);

• (e) paragraphs 4 or 5 of Schedule 4 (killing animals other than those to which the EU Regulation applies);

• (f) a provision of the EU Regulation specified in Schedule 5, except where it is not necessary to comply with the provision by virtue of—

• (i) an exemption or transitional provision specified in the EU Regulation; or

• (ii) a derogation granted by the competent authority under Article 18(3) in relation to a depopulation operation; or

• (g) until 8th December 2019, any of paragraphs 1 to 7 of Schedule 8, to the extent that they apply by virtue of regulation 37 (transitional provisions: slaughterhouses).

• (2) It is an offence for a person to fail to comply with an enforcement notice under regulation 31.