The Equine Animal (Identification) (Scotland) Regulations 2019

Made: 5th February 2019

Laid before the Scottish Parliament: 7th February 2019

Coming into force: 28th March 2019

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 to the Commission Implementing Regulation (EU) 2015/262 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (Equine Passport Regulation) to be construed as references to that instrument as amended from time to time.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Equine Animal (Identification) (Scotland) Regulations 2019 and, subject to paragraph (2), come into force on 28 March 2019.

• (2) Regulation 11(3)(c) comes into force on 28 March 2021.

• (3) These Regulations extend to Scotland and, in so far as they extend beyond Scotland, they do so only as a matter of Scots law[^f00002].

Interpretation

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• (1) In these Regulations—

• “duplicate identification document” means a duplicate identification document issued in accordance with Article 29 or 30,

• “identification document” means an identification document for identification of an equine animal for the purposes of the Commission Regulation and these Regulations,

• “inspector” means a person appointed as an inspector for the purposes of these Regulations by a local authority, or, as the case may be, the Scottish Ministers,

• “issuing body” means an issuing body as referred to in Article 5(1),

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[^f00003],

• “the Commission Regulation” means Commission Implementing Regulation (EU) 2015/262 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (Equine Passport Regulation)[^f00004], as amended from time to time,

• “replacement identification document” means a replacement identification document issued in accordance with Article 32,

• “veterinary medicinal product” has the meaning given in Directive 2001/82/EC of the European Parliament and of the Council on the Community code relating to veterinary medicinal products[^f00005], and

• “veterinary surgeon” means a member of the Royal College of Veterinary Surgeons or of an equivalent professional body in a Member State.

• (2) Expressions used both in these Regulations and in the Commission Regulation have the same meaning in these Regulations as they have in the Commission Regulation.

• (3) Any reference in these Regulations to—

• (a) a numbered Article is a reference to the Article so numbered in the Commission Regulation, and

• (b) a numbered Section is a reference to the Section so numbered in the identification document prepared in accordance with the model identification document set out in Part 1 of Annex 1 to the Commission Regulation.

Competent authority

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The Scottish Ministers are the competent authority for the purposes of the Commission Regulation.

Identification of equine animals

4

A person must not keep an equine animal unless that animal is identified in accordance with the Commission Regulation and these Regulations.

Application for identification document

5

For the purposes of Article 11(2), the time limit for submission of an application for an identification document is no later than 30 days prior to the final date for issuing an identification document under regulation 6.

Issue of identification document by issuing body

6

An issuing body must, following receipt of an application submitted in accordance with Article 11 and regulation 5, and subject to payment to the issuing body of a reasonable fee, set under and in accordance with their rules, issue an identification document in accordance with Article 9, by the later of either—

• (a) 31 December in the calendar year of the equine animal’s birth, or

• (b) the end of the month that is 6 months following the date of its birth.

Notification of veterinary medicinal products administered

7

A person, when submitting an application for an identification document in respect of an equine animal, must notify the issuing body of any veterinary medicinal product administered to that animal.

Details of ownership

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For the purposes of Article 9(1)(c), as read with Article 10(3), Section IV (details of ownership) of an identification document must be completed by an issuing body before that document is issued under Article 9.

Issue of duplicate or replacement identification documents

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• (1) Paragraph (2) applies where, in respect of an equine animal, an issuing body issues—

• (a) a duplicate identification document under and in accordance with Article 29, as read with Article 30,

• (b) a replacement identification document under and in accordance with Article 32, or

• (c) a duplicate identification document or replacement identification document in a case to which Article 17(2) applies.

• (2) The issuing body must classify the equine animal as not intended for human consumption by marking accordingly in Part II of Section II (administration of veterinary medicinal products) of that duplicate or replacement identification document (provided a declaration is not already so made in accordance with Article 37(3)).

Completion of existing identification documents for equidae imported into Great Britain from a third country

10

A keeper must provide to the issuing body all information necessary to allow the issuing body to complete an existing identification document for the purposes of Article 15(2), and subject to Article 15(3), so that it complies with the requirements of Article 7(2).

Measures in relation to the verification of identification and the implantation of transponders

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• (1) For the purposes specified in Article 16(1)—

• (a) an issuing body and a veterinary surgeon acting on behalf of an issuing body, must take the measures specified in Article 16(2)(a), and

• (b) a veterinary surgeon acting on behalf of an issuing body, must take the measures specified in Article 16(2)(b) and (c), including the measures specified in Article 17(1).

• (2) In accordance with Article 18(2) and for the purposes of Article 18(3), the issuing body must ensure that a transponder is implanted in an equine animal by a veterinary surgeon.

• (3) For the purposes of Article 18(5), a keeper must arrange for a veterinary surgeon to mark an equine animal deemed to be identified in accordance with Articles 4(2) and 43(1) by the implantation of a transponder for the purpose of identity verification in the case where—

• (a) Article 18(5)(a) applies,

• (b) an equine animal arrives in Scotland having been subject to an alternative method of identity verification authorised by a Member State as referred to in Article 21 of Commission Implementing Regulation (EU) 2015/262 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (Equine Passport Regulation) as it has effect in EU law, as amended from time to time, or

• (c) the equine animal was born on or before 30 June 2009.

• (4) For the purposes of Article 19(1), any transponder implanted into an equine animal by a veterinary surgeon must display a code unique to that transponder.

Smart card to accompany equine animal

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• (1) In accordance with Article 25(1), registered equidae or equidae for breeding and production may be moved or transported within Scotland unaccompanied by their identification document provided that they are accompanied by a smart card issued in respect of that animal by the same issuing body that issued their identification document.

• (2) The smart card referred to in paragraph (1) must—

• (a) contain the information at Annex II to the Commission Regulation, and

• (b) be issued by the same issuing body that issued an identification document in respect of the relevant equine animal.

Slaughter or death

13

Where in accordance with Article 34(1)(c)(ii) an official veterinarian, or a person acting under the supervision of an official veterinarian, is required to return the invalidated identification document to the issuing body, the official veterinarian, or the person acting under his or her supervision, must return that document within a period of 30 days, beginning with the day on which the equine animal was slaughtered or killed, together with information about the date on which it was slaughtered or killed.

Databases

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• (1) An issuing body must provide the information listed in Article 38(1)(a) to (j) and (l) to (o) in respect of each equine animal for which it issues an identification document, so far as held by the issuing body, to the Scottish Ministers, within a period of 15 days beginning with the day on which that information was recorded in the database maintained for the purposes of that Article.

• (2) The Scottish Ministers must maintain a record of the information provided to them in accordance with paragraph (1).

• (3) Where an issuing body’s authorisation to issue identification documents has, in accordance with Article 5(4), been withdrawn, the Scottish Ministers must ensure that equine animals continue to be identified in accordance with the Commission Regulation.

• (4) For the purposes of Article 39, the Scottish Ministers must provide the information provided to them in accordance with paragraph (1) to the Secretary of State.

• (5) On the slaughter or death of an equine animal, the Scottish Ministers must provide the information held by them about that equine animal to the official veterinarian, referred to in Article 34(2)(a), carrying out or supervising the measures set out Article 34(1).

• (6) Where they consider it appropriate to do so, the Scottish Ministers may provide information provided to them in accordance with paragraph (1), so far as held by them, to any other person who requests that information.

Enforcement

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• (1) These Regulations are to be enforced by the local authority.

• (2) The Scottish Ministers may direct, in relation to cases of a particular description or any particular case, that they are to enforce these Regulations instead of the local authority.

Powers of inspectors

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• (1) An inspector may exercise any of the powers specified in this regulation for the purpose of administering and enforcing the Commission Regulation and these Regulations.

• (2) An inspector may, on producing if so required a duly authenticated document showing authority, at all reasonable times enter any land or premises (excluding any premises not containing an equine animal and used wholly or mainly as a private dwelling).

• (3) A warrant may be granted only if a sheriff or justice of the peace is satisfied, by evidence on oath—

• (a) that there are reasonable grounds for entry onto land or premises by an inspector under this regulation, and

• (b) that—

• (i) entry has been refused,

• (ii) such a refusal is reasonably expected, and that person has given notice to the occupier of his or her intention to apply for an entry warrant,

• (iii) a request for entry, or the giving of such a notice, would defeat the object of entry,

• (iv) entry is urgently required,

• (v) the premises are unoccupied, or

• (vi) the occupier is temporarily absent and it would defeat the object of entry to await the occupier’s return.

• (4) The sheriff or justice of the peace may, by signed warrant, valid for a period of no more than one month, authorise that inspector, together with any person who may accompany an inspector by virtue of paragraph (6), to enter the land or premises, if need be by reasonable force.

• (5) An inspector may—

• (a) require the production of an identification document, duplicate identification document, replacement identification document or smart card (as referred to in regulation 12) and mark it as necessary,

• (b) carry out any inquiries,

• (c) have access to, and inspect and copy any records (in whatever form they are held) kept for the purposes of the Commission Regulation or these Regulations,

• (d) remove such records to enable them to be copied,

• (e) have access to, inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford the inspector such assistance as may reasonably be required and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away,

• (f) mark any equine animal or other thing for identification purposes,

• (g) examine any equine animal, identification document or transponder,

• (h) require the name and address of any person in charge or in possession of identification documents, records or studbooks, or in control of any equine animal,

• (i) take photographs or any other digital record of anything on the land or premises,

• (j) take samples from, for the exercise of his or her functions, an equine animal or any article the inspector may reasonably require, and carry out or cause to be carried out, on the samples such tests, analyses, examinations or inspections as the inspector considers necessary or expedient, and mark or otherwise identify the sample.

• (6) An inspector entering onto land or premises by virtue of this regulation may be accompanied by such other person as the inspector considers necessary.

• (7) A person accompanying an inspector may also exercise any of the powers conferred on an inspector by virtue of paragraph (5).

• (8) If the inspector, or an accompanying person, causes damage in exercising the powers in this regulation, the local authority (or, as the case may be, the Scottish Ministers) must—

• (a) take reasonable steps to remedy the damage, or

• (b) if it is not possible to remedy the damage, pay compensation for it.

• (9) An inspector who enters any unoccupied premises must leave them as effectively secured as they were before those premises were entered.

• (10) If the inspector causes loss or damage by failing to comply with subsection (9), the local authority (or, as the case may be, the Scottish Ministers) must pay compensation for the loss or damage.

• (11) In this regulation, “land” and “premises” include a vehicle, vessel or container.

Failure to comply with these Regulations

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It is an offence to fail to comply with—

• (a) regulation 4 (identification of equine animals),

• (b) regulation 5 (application for identification document),

• (c) regulation 6 (issue of identification document by issuing body),

• (d) regulation 7 (notification of veterinary medicinal products administered),

• (e) regulation 8 (details of ownership),

• (f) regulation 9(2) (classification of equine animal as not intended for human consumption),

• (g) regulation 10 (completion of existing identification documents for equidae imported into Great Britain from a third country),

• (h) regulation 11(2), (3) and (4) (requirements relating to transponders),

• (i) regulation 12 (smart card to accompany equine animal), and

• (j) regulation 14(1) (provision of information to the Scottish Ministers).

Failure to comply with a specified requirement

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• (1) A person who fails to comply with a specified requirement without reasonable excuse, commits an offence.

• (2) In this regulation, “specified requirement” means a requirement set out in a provision of the Commission Regulation, where applicable as read with provisions of these Regulations, specified in column 1 of the table in the schedule (specified requirements), the subject matter of which is described in column 2 of that table.

Offence of moving or transporting an equine animal without a temporary document

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• (1) A keeper who has surrendered the identification document of an equine animal in the circumstances specified in Article 24(1) and who, without reasonable excuse—

• (a) moves or transports the equine animal within Scotland without a temporary document, such a document having been issued in respect of that animal,

• (b) moves or transports the equine animal within Scotland with a temporary document but for a period exceeding 45 days, or