The Welfare of Animals at the Time of Killing (Scotland) Regulations 2012

Made: 22nd November 2012

Laid before the Scottish Parliament: 23rd November 2012

Coming into force: 1st January 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 , section 56(1) of the Finance Act 1973 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for the references in these Regulations to the Annexes to Council Regulation (EC) No 1099/2009 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, commencement and extent

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These Regulations—

• (a) may be cited as the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012;

• (b) come into force on 1st January 2013; and

• (c) extend to Scotland only.

Interpretation

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• (1) In these Regulations—

• “the 1967 Act” means the Slaughter of Poultry Act 1967 ;

• “the 1980 Act” means the Slaughter of Animals (Scotland) Act 1980 ;

• “the 1995 Regulations” means the Welfare of Animals (Slaughter or Killing) Regulations 1995 ;

• “adverse weather condition” means any weather condition, including direct sunlight, which has an adverse effect on the welfare of an animal;

• “applicant” means a person who applies for a certificate or a temporary certificate;

• “authorised person” means a person who is authorised by an enforcement authority (whether or not an officer of that authority) to act on its behalf in matters of its enforcement function under regulation 18;

• “certificate” (except in the terms “qualification certificate” and “temporary certificate”) 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 3;

• “enforcement authority” means an authority that enforces the EU Regulation and these Regulations under regulation 18;

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

• “the Professional Qualifications Regulations 2023” means the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023,

• “qualification certificate” means— a certificate granted by a body—recognised and regulated by Qualifications Scotland or an equivalent body in England, Wales or Northern Ireland; andwhich 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; ora 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, or a certificate issued in the Republic of Ireland in reliance on article 29(2) of the EU Regulation, ... a qualification which has been recognised under Part 2 of the Professional Qualifications Regulations 2023 in relation to an operation specified in regulation 5, or a licence granted by the Rabbinical Commission for the purpose of slaughtering animals in accordance with the Jewish method (Schechita) and confirming the passing of an independent examination as provided for in Article 21;

• “Rabbinical Commission” means the body responsible for licensing persons carrying out the slaughter of animals in accordance with the Jewish method (Schochetim);

• “stunning pen” means a pen or compartment which is suitable for confining a bovine animal for the purpose of stunning and is constructed so as to—permit one animal at a time to be confined in it without discomfort;prevent any substantial movement forwards, backwards or sideways of an animal confined in it;subject to paragraph 3.2 of Annex II, restrict the movement of the head of an animal confined in it without causing the animal any avoidable excitement so as to permit accurate stunning and allow the head of the animal to be released immediately after the animal has been stunned; andallow unimpeded access to the forehead of the animal confined in it; and

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

• (2) 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) A reference in these Regulations to a numbered Article, Chapter or Annex is a reference to the Article, Chapter or Annex of that number in the EU Regulation.

• (4) Any reference in these Regulations to an Annex of the EU Regulation is a reference to that Annex as amended from time to time.

The competent authority

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• (1) Food Standards Scotland is the competent authority for the purposes of—

• (a) Part 2 (certificates of competence);

• (b) in relation to the slaughtering of animals in a slaughterhouse—

• (i) receiving documents or records in accordance with Articles 6(4), 9(1) and 17(5);

• (ii) receiving and assessing information in accordance with Article 14(2); and

• (iii) taking action in the event of non-compliance with the EU Regulation in accordance with Article 138 of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products.

• (2) Otherwise, the Scottish Ministers are the competent authority for the purposes of the EU Regulation and these Regulations.

• (3) The Scottish Ministers may act as the competent authority in relation to the revocation of certificates and temporary certificates under Part 2.

PART 2 — Certificates of competence

Requirement for certificate or temporary certificate

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• (1) No person may carry out an operation referred to in regulation 5 except under and to the extent authorised by—

• (a) a certificate; or

• (b) a temporary certificate.

• (2) No person may carry out an operation specified in regulation 5 under a temporary certificate unless that person works in the presence and under the direct supervision of a person who holds a certificate in relation to that operation.

Operations requiring certificate or temporary certificate

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• (1) The operations referred to in regulation 4 are—

• (a) a slaughter operation specified in Article 7(2)(a) to (g) for which a certificate is required by the EU Regulation;

• (b) supervising the killing of fur animals under Article 7(3); or

• (c) an operation specified in paragraph (2) for which a certificate is not required by the EU Regulation.

• (2) The operations referred to in paragraph (1)(c) are—

• (a) subject to regulation 6, a slaughter operation specified in Article 7(2)(a) to (f) which is carried out other than in a slaughterhouse and for the purposes specified in Article 10 (private domestic consumption) by a person other than the owner of the animal;

• (b) subject to regulation 6, a slaughter operation specified in Article 7(2)(a) to (f) which is carried out other than in a slaughterhouse for the purposes specified in Article 11 (direct supply of small quantities of poultry, rabbits and hares);

• (c) subject to regulation 6, any of the following operations carried out in relation to the killing of an animal other than for human consumption—

• (i) the restraint of an animal for the purpose of stunning;

• (ii) the stunning of an animal;

• (iii) the assessment of effectiveness of stunning of an animal;

• (iv) the shackling or hoisting of an animal (other than a bird) while alive; or

• (v) the bleeding of an animal;

• (d) subject to regulation 6, the pithing of a stunned animal; or

• (e) subject to regulation 6, the assessment of effectiveness of pithing of an animal.

Exceptions to the requirement for a certificate or temporary certificate

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• (1) Regulation 5(2)(a) and (b) does not require a certificate or temporary certificate for an operation specified there if the operation is carried out in relation to the killing of an animal other than for human consumption in the following circumstances—

• (a) killing in the field by means of a free bullet; or

• (b) killing of a bird by means of cervical dislocation or decapitation on premises forming part of an agricultural holding on which the bird was reared.

• (2) Regulation 5(2)(c) to (e) does not require a certificate or temporary certificate for an operation specified there if the operation is carried out in relation to the killing of an animal other than for human consumption in the following circumstances—

• (a) emergency killing of an animal;

• (b) killing surplus chicks or embryos in hatchery waste;

• (c) killing in the field by means of a free bullet;

• (d) killing a bird by means of cervical dislocation or decapitation on premises forming part of an agricultural holding on which the bird was reared;

• (e) killing for the purpose of depopulation;

• (f) subject to regulation 5(1)(b), the killing of fur animals;

• (g) killing by a veterinary surgeon acting in the exercise of that person's profession or by a person acting under the direction of a veterinary surgeon so acting; or

• (h) killing an animal in circumstances which are outwith the scope of the EU Regulation by virtue of Article 1(3).

Certificates

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The competent authority must grant 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

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The applicant must—

• (a) submit a qualification certificate in respect of the operation, category of animal and, where appropriate, type of equipment for which a certificate is sought,

• (b) submit a written declaration in accordance with Article 21(6);

• (c) 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 1967 Act, the 1980 Act, any regulations made under those Acts or the 1995 Regulations in relation to the slaughter or killing of an animal or a related operation; or

• (iii) had any such licence revoked or suspended; and

• (d) pay any fee which may be charged by the competent authority in accordance with regulation 15.

Temporary certificates

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The competent authority must 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

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The applicant must—

• (a) submit evidence to confirm the applicant is registered 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;

• (b) submit a written declaration in accordance with Article 21(5)(d) and (6);

• (c) 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 1967 Act, the 1980 Act, any regulations made under those Acts or the 1995 Regulations in relation to the slaughter or killing of an animal or a related operation; or

• (iii) had any such licence revoked or suspended; and

• (d) pay any fee which may be charged by the competent authority in accordance with regulation 15.

Grant of certificates and temporary certificates

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

• (2) A certificate or temporary certificate may be granted subject to an expiry date.

• (3) A certificate may be granted in respect of an operation, category of animal or type of equipment only if the qualification certificate submitted with the application for the certificate relates to that operation, category or type.

• (4) A temporary certificate may be granted in respect of an operation, category of animal or type of equipment only if the training course on which the applicant is registered provides training in relation to that operation, category or type.

Refusal of a certificate or temporary certificate

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• (1) The competent authority must, by notice in writing, refuse to grant a certificate or 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.

• (2) The notice must—

• (a) give reasons for the refusal; and

• (b) give details of the right of appeal against the decision.

Suspension or revocation of certificate or temporary certificate

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• (1) Where paragraph (2) applies, the competent authority may, by notice in writing, suspend or revoke—

• (a) a certificate or a temporary certificate; or

• (b) a document issued elsewhere in the United Kingdom ... which corresponds to a certificate or a temporary certificate.

• (2) This paragraph applies where the competent authority is satisfied that the holder—

• (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 a certificate, temporary certificate or document referred to in paragraph (1)(b);

• (c) is no longer, competent to carry out the operations which the certificate, temporary certificate or document authorises; or

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

• (3) The notice must—

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

• (b) state the date from which the suspension has effect; and

• (c) give details of the right of appeal against the decision.

• (4) A person whose certificate, temporary certificate or document referred to in paragraph (1) is suspended or revoked must surrender it to the competent authority within 14 days of receiving the notice of suspension or revocation.

• (5) Paragraph (4) applies whether or not the suspension or revocation is appealed under regulation 25.

Modification of a certificate

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• (1) Upon request by the holder of a certificate, the competent authority must modify a certificate in respect of an operation, category of animal or, where appropriate, type of equipment, provided—

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

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

• (2) The competent authority must, by notice in writing, refuse to modify a certificate if satisfied that the holder—

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

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

• (3) The notice must—

• (a) give reasons for the refusal; and

• (b) give details of the right of appeal against the decision.

Fees

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The competent authority may charge an applicant for, or a holder of, a certificate or temporary certificate such reasonable fees as it may determine in respect of—

• (a) the assessment of the competence of any person who applies for a certificate or temporary certificate;

• (b) the assessment of the competence of any person who applies for a modification of a certificate; and

• (c) the issue of a certificate or temporary certificate.

PART 3 — National rules

Additional requirements

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• (1) Schedule 1 makes requirements additional to those in the EU Regulation.

• (2) It applies to—

• (a) slaughterhouses; and

• (b) the killing of poultry, rabbits or hares for direct supply.

PART 4 — Derogation

Depopulation operations

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