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The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2010

Type Scottish-Statutory-Instrument

Publication 2010-11-04

Last updated 2017-06-28

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Made: 4th November 2010

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 20(5)(b) of the Animal Health and Welfare (Scotland) Act 2006 and all other powers enabling them to do so.

In accordance with section 20(6) of that Act, they 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 Act, a draft of the Regulations has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1

These Regulations may be cited as the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2010 and come into force on the day after the day on which they are made.

Interpretation

2

In these Regulations—

“agricultural land” means land used for agriculture (within the meaning of the Agriculture (Scotland) Act 1948 ) which is so used for the purposes of a trade or business;

“bovine animal” means any animal of genera Bos, Bison or Bubalus;

“de-snooding” means the removal of the part of the male turkey's wattle arising from the forehead and lying over the upper beak;

“disbudding” means the removal of the horn bud;

“docking” means the amputation of one or more coccygeal vertebrae of the tail of an animal;

“domestic fowl” means a domesticated member of the species Gallus gallus;

“dubbing” means the removal of all or part of the comb of a bird;

“equine animal” means any animal of the genus Equus including hybrids;

“infra-red procedure” means an automated procedure involving exposure of the tip of the beak of a chick to a focused high intensity infra-red beam designed to cause a limited area of tissue damage and subsequent loss of the beak tip;

“laying hen” means a domestic fowl which is kept or to be kept for the production of eggs not intended for hatching;

“meat chicken” means a domestic fowl which is kept or to be kept for the production of meat;

“non-farmed” when applied to an animal means a bovine animal, deer, goat, pig or sheep which is not bred or kept for the production of food, wool or skin or for other farming purposes, and includes—an animal whilst at, or solely intended for use in, a competition, show or cultural or sporting event or activity;an experimental or laboratory animal; andan animal living in the wild;

“pinioning” means the disabling of the wing of a bird by the removal of the metacarpal bone and phalanges of one wing;

“poultry” means any bird reared or kept in captivity for the production of meat or eggs for consumption, or of other products, for restocking supplies of game or for the purpose of any breeding programme for the production of such categories of birds;

“surgical castration” means any method of castration that involves cutting or tearing tissue but not crushing tissue at the neck of the scrotum using a rubber ring or other device; and

“surgical docking” means any method of docking that involves cutting or tearing tissue but not crushing tissue using a rubber ring or other device or using a hot iron.

Exempted Procedures

3

The Scottish Ministers hereby specify the procedures described in column 1 of each of Schedules 1 to 12 where the procedure is carried out in relation to the particular type of protected animal described in any of those Schedules and is carried out—

(a) for a purpose which is specified, in relation to any such procedure, in column 2 of the corresponding entry in the relevant Schedule;

(b) in hygienic conditions;

(d) in accordance with good practice; and

(e) where applicable, in accordance with such conditions as are specified, in relation to any such procedure, in column 1 of the entry in the relevant Schedule,

as procedures in relation to which section 20 (mutilation) of the Animal Health and Welfare (Scotland) Act 2006 does not apply.

Revocations

4

The following instruments are revoked:—

(a) the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2007 ; and

(b) the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2009 .

SCHEDULE 1 — Bovine animals

Procedure	Purpose
Freeze branding	Identification
Tattooing	Identification
Ear tagging	1. Identification;
	2. Screening or routine or random testing for disease; or
	3. Genetic analysis.
Micro chipping	Identification
Vasectomy	Controlling reproduction or general animal management
Castration	Controlling reproduction or general animal management
Implantation of a subcutaneous contraceptive into a non-farmed bovine	Controlling reproduction or general animal management, as part of a conservation programme
Embryo and ovum transfer	Controlling reproduction or general animal management
Nose ringing	Handler safety or herd welfare
Dehorning	Handler safety or herd welfare
Disbudding	Handler safety or herd welfare
Supernumerary teat removal	Animal health

SCHEDULE 2 — Pigs

Procedure	Procedure	Procedure	Purpose
Tattooing	Tattooing	Tattooing	Identification
Ear tagging	Ear tagging	Ear tagging	1. Identification; or
			2. Screening or routine or random testing for disease.
Ear notching	Ear notching	Ear notching	Identification
Micro chipping	Micro chipping	Micro chipping	Identification
Vasectomy	Vasectomy	Vasectomy	Controlling reproduction or general animal management
Implantation of a subcutaneous contraceptive into a non-farmed pig	Implantation of a subcutaneous contraceptive into a non-farmed pig	Implantation of a subcutaneous contraceptive into a non-farmed pig	Controlling reproduction or general animal management, as part of a conservation programme
Embryo and ovum transfer	Embryo and ovum transfer	Embryo and ovum transfer	Controlling reproduction or general animal management
Tusk trimming	Tusk trimming	Tusk trimming	Handler safety or herd welfare
Docking of farmed pigs kept on agricultural land	Docking of farmed pigs kept on agricultural land	Docking of farmed pigs kept on agricultural land	Handler safety or herd welfare

Conditions—	Conditions—	Conditions—

1) The procedure may only be performed—	1) The procedure may only be performed—	1) The procedure may only be performed—

	(a)	where there is evidence that injuries to the tails of other pigs have occurred and where other measures to improve environmental conditions or management systems have been taken in order to prevent tail-biting; and

	(b)	by the quick and complete severance of the part of the tail to be removed.

2) Where pigs are older than 7 days of age the procedure must be performed under anaesthetic and additional prolonged analgesia and only by a veterinary surgeon.	2) Where pigs are older than 7 days of age the procedure must be performed under anaesthetic and additional prolonged analgesia and only by a veterinary surgeon.	2) Where pigs are older than 7 days of age the procedure must be performed under anaesthetic and additional prolonged analgesia and only by a veterinary surgeon.
Uniform reduction of the corner teeth of farmed piglets kept on agricultural land aged 7 days or less by grinding or clipping to leave an intact smooth surface	Uniform reduction of the corner teeth of farmed piglets kept on agricultural land aged 7 days or less by grinding or clipping to leave an intact smooth surface	Uniform reduction of the corner teeth of farmed piglets kept on agricultural land aged 7 days or less by grinding or clipping to leave an intact smooth surface	Herd welfare

Condition—	Condition—	Condition—

The procedure may only be performed where there is evidence of injuries to sows' teats or to other pigs' ears or tails and when other measures have been taken to prevent tail-biting and other vices have been exhausted.	The procedure may only be performed where there is evidence of injuries to sows' teats or to other pigs' ears or tails and when other measures have been taken to prevent tail-biting and other vices have been exhausted.	The procedure may only be performed where there is evidence of injuries to sows' teats or to other pigs' ears or tails and when other measures have been taken to prevent tail-biting and other vices have been exhausted.
Nose ringing	Nose ringing	Nose ringing	General animal management

Condition—	Condition—	Condition—

Nose rings must not be put in animals kept continuously in indoor husbandry systems.	Nose rings must not be put in animals kept continuously in indoor husbandry systems.	Nose rings must not be put in animals kept continuously in indoor husbandry systems.
Castration	Castration	Castration	Controlling reproduction or general animal management.

Conditions—	Conditions—	Conditions—

1) Castration may only be performed by means other than the tearing of tissues.	1) Castration may only be performed by means other than the tearing of tissues.	1) Castration may only be performed by means other than the tearing of tissues.

2) Where pigs are older than 7 days of age the procedure must be performed under anaesthetic and additional prolonged analgesia and only by a veterinary surgeon.	2) Where pigs are older than 7 days of age the procedure must be performed under anaesthetic and additional prolonged analgesia and only by a veterinary surgeon.	2) Where pigs are older than 7 days of age the procedure must be performed under anaesthetic and additional prolonged analgesia and only by a veterinary surgeon.

SCHEDULE 3 — Birds

Procedure	Purpose
Micro chipping	Identification
Beak trimming of poultry	Flock welfare

Conditions—

1) Beak trimming of poultry may only be performed to prevent feather pecking and cannibalism and, in relation to laying hens kept on holdings of 350 or more and meat chickens kept on holdings of 500 or more, when the animals are less than 10 days old.

2) Beak trimming of laying hens kept on holdings of 350 or more may only be performed using the infra-red procedure.

3) In an emergency, to control an outbreak of feather pecking or cannibalism in laying hens, conditions 1 and 2 do not apply.

4) Beak trimming of meat chickens may only be carried out, after consultation with and on the advice of a veterinary surgeon, by qualified staff, and where other measures to prevent feather pecking and cannibalism are exhausted.

De-snooding	General animal management
Cutting of the toes of poultry other than laying hens and meat chickens	General animal management
Dubbing of domestic fowl other than laying hens and meat chickens	General animal management
Pinioning of birds other than poultry	General animal management
Laparoscopy	General animal management
Castration, ovidectomy and vasectomy of a bird other than poultry	Controlling reproduction or general animal management, as part of a conservation programme
Implantation of a subcutaneous contraceptive into a bird other than poultry	Controlling reproduction or general animal management, as part of a conservation programme
Wing tagging	Identification of—

	1) poultry in connection with breeding or testing for the presence of disease; or

	2) a bird other than poultry in connection with conservation or research
Web tagging	Identification of—

	1) poultry in connection with breeding or testing for the presence of disease; or

	2) a bird other than poultry in connection with conservation or research

SCHEDULE 4 — Sheep

Procedure	Purpose
Tattooing	Identification
Ear tagging	1. Identification; or
	2. Screening or routine or random testing for disease.
Ear notching	Identification
Micro chipping	Identification
Vasectomy	Controlling reproduction or general animal management
Castration

Condition—

Surgical castration may only be carried out by a veterinary surgeon.	Controlling reproduction or general animal management
Laparoscopic insemination	Controlling reproduction or general animal management
Embryo and ovum transfer	Controlling reproduction or general animal management
Implantation of a subcutaneous contraceptive into a non-farmed sheep	Controlling reproduction or general animal management, as part of a conservation programme
Dehorning	Handler safety or flock welfare
Disbudding	Handler safety or flock welfare
Docking of a farmed sheep kept on agricultural land	Animal health

Conditions—

1) Docking of sheep over 3 months of age may only be carried out by a veterinary surgeon.

2) Surgical docking may only be carried out by a veterinary surgeon.

3) Docking may only be performed where sufficient tail is retained to cover the vulva in the case of female sheep and the anus in the case of male sheep.

SCHEDULE 5 — Goats

Procedure	Purpose
Tattooing	Identification
Ear tagging	1. Identification; or
	2. Screening or routine or random testing for disease.
Ear notching	Identification
Micro chipping	Identification
Vasectomy	Controlling reproduction or general animal management
Castration	Controlling reproduction or general animal management
Laparoscopic insemination	Controlling reproduction or general animal management
Implantation of a subcutaneous contraceptive into a non-farmed goat	Controlling reproduction or general animal management, as part of a conservation programme
Embryo and ovum transfer	Controlling reproduction or general animal management
Dehorning	Handler safety or herd welfare
Disbudding	Handler safety or herd welfare

SCHEDULE 6 — Equine Animals

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