The Welfare of Animals at the Time of Killing (England) Regulations 2015

• (2) But the prohibition in sub-paragraph (1) does not apply to rabbits, provided that the operation is carried out in such a way that the rabbit is immediately rendered unconscious and remains so until it is dead.

Electrical stunning other than by waterbath

37

• (1) No person may use electrodes to stun an animal unless—

• (a) appropriate measures are taken to ensure that there is good electrical contact; and

• (b) the strength and duration of the current used is such that the animal is immediately rendered unconscious and remains so until it is dead.

• (2) No person may use electrodes to stun an animal individually unless the apparatus—

• (a) incorporates an audible or visible device indicating the length of time of its application to an animal; and

• (b) is connected to a device indicating the voltage and the current under load, positioned so as to be clearly visible to the operator.

Electrical stunning by waterbath

38

No person may use a waterbath stunner to stun poultry unless—

• (a) the level of the water in the waterbath has been adjusted in order to ensure that there is good contact with each bird’s head;

• (b) the strength and duration of the current used is such that the poultry are immediately rendered unconscious and remain so until dead;

• (c) where poultry are stunned in groups in a waterbath, a voltage sufficient to produce a current strong enough to ensure that every bird is stunned is maintained;

• (d) appropriate measures are taken to ensure that the current passes efficiently, in particular that there are good electrical contacts;

• (e) the waterbath stunner is adequate in size and depth for the type of poultry being stunned;

• (f) the waterbath stunner does not overflow at the entrance, or, if an overflow is unavoidable, measures are taken to ensure that no poultry receive an electric shock before they are stunned;

• (g) the electrode which is immersed in the water extends the length of the waterbath; and

• (h) a person is available to ascertain whether the waterbath stunner has been effective in stunning the poultry and, if it has not been effective, will either stun or kill the poultry without delay.

Exposure to gas – prohibition

39

• (1) No person may stun an animal outside a slaughterhouse by exposure to gas.

• (2) But the prohibition in sub-paragraph (1) does not apply to the stunning of—

• (a) pigs in a knacker’s yard, or

• (b) poultry,

provided that pigs or poultry are stunned in accordance with paragraphs 40 or 41, as appropriate.

Exposure to gas – pigs

40

• (1) No person may stun pigs by exposure to gas unless each pig is exposed to the gas for long enough to ensure it is killed.

• (2) No person may stun pigs by exposure to gas mixture 5 (“carbon monoxide pure source”) in Table 3 of Chapter I of Annex I.

• (3) The business operator and any person engaged in the stunning of pigs by exposure to gas must ensure that—

• (a) the gas stunner, including any equipment used for conveying a pig through the gas mixture, is designed, constructed and maintained so as to—

• (i) avoid injury to a pig;

• (ii) avoid compression of the chest of a pig;

• (iii) enable a pig to remain upright until it loses consciousness; and

• (iv) enable a pig to see other pigs as it is conveyed in the gas stunner;

• (b) adequate lighting is provided in the gas stunner and the conveying mechanism to allow pigs to see other pigs or their surroundings;

• (c) the gas stunner is equipped to maintain the gas concentration, as appropriate, in the gas stunner (in accordance with Table 3 of Chapter I of Annex I);

• (d) there is a means of visually monitoring pigs which are in the gas stunner;

• (e) there is a means of flushing the gas stunner with atmospheric air with the minimum of delay;

• (f) there is a means of access to any pig with the minimum of delay;

• (g) the gas stunner is equipped with devices to—

• (i) measure and continuously display the gas concentration, as appropriate, in the gas stunner (in accordance with Table 3 of Chapter I of Annex I); and

• (ii) give clearly visible and audible warning signals if the gas concentration falls below the required level (in accordance with Table 3 of Chapter I of Annex I); and

• (h) no pig is passed through or allowed to remain in the gas stunner at any time when the visible and audible warning signals have been activated or when there is any defect in the operation of the gas stunner.

• (4) The business operator and any person engaged in the stunning of pigs by direct exposure to gas mixture 1 (“carbon dioxide at high concentration”) in Table 3 of Chapter I of Annex I must ensure that—

• (a) no pig enters the gas stunner if the displayed concentration by volume of carbon dioxide in the gas mixture falls below 80%; and

• (b) once a pig enters the gas stunner it is conveyed to the point in the gas stunner of maximum concentration of the gas mixture within a maximum period of 30 seconds.

Exposure to gas – poultry

41

• (1) No person may stun poultry by exposure to gas unless—

• (a) each bird is exposed to the gas for long enough to ensure it is killed; and

• (b) in the case of stunning poultry in the circumstances mentioned in paragraph 2(1)(c) of this Schedule—

• (i) stunning takes place on the premises where the poultry have been kept for the production of meat, eggs or other products; and

• (ii) the owner of the poultry gives prior written notice to the competent authority, not less than five working days before the date on which the stunning takes place.

• (2) No person may stun poultry by exposure to—

• (a) gas mixture 3 (“carbon dioxide associated with inert gases”) in Table 3 of Chapter I of Annex I unless the carbon dioxide concentration is 20% by volume or less and the oxygen concentration is 5% by volume or less;

• (b) gas mixture 4 (“inert gases”) in Table 3 of Chapter I of Annex I unless the oxygen concentration is 2% by volume or less; or

• (c) gas mixture 5 (“carbon monoxide pure source”) in Table 3 of Chapter I of Annex I.

• (3) The business operator and any person engaged in the stunning of poultry by exposure to gas must ensure that—

• (a) the gas stunner, including any equipment used for conveying poultry through the gas, is designed, constructed and maintained so as to avoid injury to a bird;

• (b) the gas stunner is equipped to maintain the gas concentration, as appropriate, in the gas stunner (in accordance with Table 3 of Chapter I of Annex I);

• (c) there is a means of visually monitoring poultry which are in the gas stunner;

• (d) there is a means of flushing the gas stunner with atmospheric air with the minimum of delay;

• (e) there is a means of access to any poultry with the minimum of delay;

• (f) the gas stunner is equipped with devices to—

• (i) measure and continuously display the gas concentration, as appropriate, in the gas stunner (in accordance with Table 3 of Chapter I of Annex I); and

• (ii) give clearly visible and audible warning signals if the gas concentration falls below the required level (in accordance with Table 3 of Chapter I of Annex I);

• (g) no poultry are passed through or allowed to remain in the gas stunner at any time when the visible and audible warning signals have been activated or when there is any defect in the operation of the gas stunner;

• (h) poultry which arrive at the gas stunner in a transport crate and which are removed from the crate before entering the gas stunner are handled with care in a way that does not cause avoidable pain, distress or suffering; and

• (i) after exposure to the gas nothing more is done to a bird until it is ascertained as dead.

• (4) No person may operate a gas stunner consisting of a poultry shed or other building previously sealed to stun poultry by exposure to gas except under the direct supervision of a veterinary surgeon.

• (5) In sub-paragraph (4), “poultry shed” means a building designed and constructed to house poultry that has been previously sealed so as to be capable of containing the gas mixtures in Table 3 of Chapter I of Annex 1.

Bleeding or pithing

42

• (1) A person engaged in the bleeding or pithing of an animal which has been simple stunned must ensure that the animal is bled or pithed without delay after it has been simple stunned.

• (2) A person engaged in the bleeding of an animal which has been simple stunned must ensure that the bleeding is—

• (a) rapid, profuse and complete;

• (b) completed before the animal regains consciousness; and

• (c) carried out by severing the two carotid arteries or the vessels from which they arise.

• (3) If an animal is bled after simple stunning, no person may cause or permit any further dressing procedure or any electrical stimulation to be performed on the animal before the bleeding has ended and in any event not before the expiry of—

• (a) in the case of a turkey or goose, a period of not less than 2 minutes;

• (b) in the case of any other bird, a period of not less than 90 seconds;

• (c) in the case of bovine animals, a period of not less than 30 seconds; or

• (d) in the case of sheep, goats, pigs and deer, a period of not less than 20 seconds.

• (4) Sub-paragraph (3) does not apply to an animal which has been pithed.

• (5) Where one person is responsible for the simple stunning and pithing, or for the simple stunning, shackling, hoisting and bleeding, of animals other than birds or rabbits or for some of those operations, such operations must be carried out by that person consecutively in respect of one animal before being so carried out by that person in respect of another animal.

• (6) Where one person is responsible for the simple stunning and bleeding of birds or rabbits, those operations must be carried out by that person consecutively in respect of one bird or rabbit before being so carried out by that person in respect of another bird or rabbit.

Horses

43

No person may kill a horse in a knacker’s yard—

• (a) except in a room or bay provided for that purpose in accordance with paragraph 10(a);

• (b) in a room or bay in which there are the remains of a horse or other animal; or

• (c) within sight of any other horse.

Surplus chicks in hatchery waste

44

• (1) No person may kill surplus chicks which are less than 72 hours old in hatchery waste except by one of the following methods—

• (a) maceration in accordance with Table 1 of Chapter I and Chapter II of Annex I;

• (b) exposure to a gas mixture in accordance with Table 3 of Chapter I and Chapter II of Annex I and this paragraph; or

• (c) where there is no other method available for killing, cervical dislocation in accordance with Table 1 of Chapter I and Chapter II of Annex I.

• (2) No person may kill surplus chicks which are less than 72 hours old in hatchery waste by exposure to a gas mixture unless the chicks are placed in the gas mixture and remain in the gas mixture until dead.

• (3) The killing of surplus chicks which are less than 72 hours old in hatchery waste must be as rapid as possible.

SCHEDULE 3 — ADDITIONAL REQUIREMENTS FOR KILLING ANIMALS IN ACCORDANCE WITH RELIGIOUS RITES

PART 1 — Introductory

Interpretation

1

In this Schedule—

• (a) “bovine animal” means an ox, bullock, cow, heifer, steer or calf;

• (b) “bird” means a turkey, domestic fowl, guinea-fowl, duck, goose or quail;

• (c) “killing in accordance with religious rites” means killing without the infliction of unnecessary suffering—

• (i) by the Jewish method (Shechita) for the food of Jews by a Jew who is licensed by the Rabbinical Commission and holds a certificate for that purpose, or

• (ii) by the Muslim method (Halal) for the food of Muslims by a Muslim who holds a certificate for that purpose.

General prohibition

2

No person may kill an animal in accordance with religious rites without prior stunning unless it is a sheep, goat, bovine animal or bird killed in a slaughterhouse in accordance with this Schedule.

PART 2 — Sheep, goats and bovine animals

Restraint of adult bovine animals

3

• (1) Subject to sub-paragraph (2), no person may kill an adult bovine animal in a slaughterhouse in accordance with religious rites without prior stunning unless the animal is individually restrained in an upright position in a restraining pen which has been approved in writing by the competent authority and which the competent authority is satisfied has been installed in such a manner as to ensure that it will operate efficiently.

• (2) Approval may not be granted by the competent authority under sub-paragraph (1) unless the competent authority is satisfied that the pen is of such a size and design, and is able to be operated, so as to protect an adult bovine animal from avoidable pain, suffering, agitation, injuries or contusions while confined in it or while entering it and, in particular, unless the competent authority is satisfied that the pen—

• (a) contains an effective means of restraining a bovine animal confined in it (including a suitable head restraint for that purpose);

• (b) contains means of support which will take the weight of a bovine animal during and following killing in it;

• (c) permits one bovine animal at a time to be confined in it without discomfort; and

• (d) prevents any substantial movement of a bovine animal forwards, backwards or sideways once it has been placed in position for killing.

• (3) A restraining pen approved under paragraph 3 of Schedule 12 to the 1995 Regulations will, on the coming into force of these Regulations, become an approved restraining pen for the purposes of sub-paragraphs (1) and (2).

Use and maintenance of restraining pens

4

The business operator must ensure that—

• (a) the means of restraining and supporting an adult bovine animal confined in a restraining pen described in paragraph 3(2)(a) and (b) are used in respect of any bovine animal confined in it;

• (b) the restraining pen is kept in good working order; and

• (c) if it has been modified after it has been approved by the competent authority, the restraining pen is not used again until a new approval is given by the competent authority.

Method of killing

5

Any person who kills a sheep, goat or bovine animal in accordance with religious rites without prior stunning must—

• (a) ensure it is killed by the severance of both its carotid arteries and jugular veins by rapid, uninterrupted movements of a hand-held knife; and

• (b) immediately before killing, inspect the knife to be used to ensure it is—

• (i) undamaged; and

• (ii) of sufficient size and sharpness to kill the sheep, goat or bovine animal in the manner described in sub-paragraph (a).

Handling of sheep, goats and bovine animals during killing

6

• (1) The business operator and any person engaged in the killing of a sheep, goat or bovine animal in accordance with religious rites without prior stunning must ensure that—

• (a) it is not placed in restraining equipment unless the person who is to carry out the killing is ready to make the incision immediately after it is placed in the equipment; and

• (b) appropriate back-up stunning equipment is kept close to the restraining equipment for use in case of emergency and is immediately used where it is subjected to any avoidable pain, suffering or agitation or has any injuries or contusions.

• (2) The business operator and any person engaged in the killing of a sheep, goat or bovine animal in accordance with religious rites without prior stunning must ensure that where it has not been stunned before bleeding, it is not shackled, hoisted or moved in any way until it is unconscious and in any event not before the expiry of—

• (a) in the case of a sheep or a goat, a period of not less than 20 seconds; and

• (b) in the case of a bovine animal, a period of not less than 30 seconds,

after it has been bled in the manner described in paragraph 5.

PART 3 — Birds

Method of killing

7

Any person engaged in the killing of a bird in accordance with religious rites without prior stunning must ensure—

• (a) the bird is killed by the severance of both of its carotid arteries by rapid, uninterrupted movements of a hand-held knife; and

• (b) the knife to be used for killing is—

• (i) undamaged; and

• (ii) of sufficient size and sharpness to kill each bird in the manner described in paragraph (a).

Handling birds during killing

8

The business operator and any person engaged in the killing of a bird in accordance with religious rites without prior stunning must ensure that, where the bird has not been stunned before bleeding, no further dressing procedure or any electrical stimulation is performed on the bird if it presents any signs of life and in any event not before the expiry of—

• (a) in the case of a turkey or goose, a period of not less than 2 minutes; and

• (b) in the case of any other bird, a period of not less than 90 seconds,

after it has been bled in the manner described in paragraph 7.

PART 4 — Rabbinical Commission

Membership

9

• (1) The Rabbinical Commission for the licensing of persons carrying out the killing of animals in accordance with the Jewish method (Shechita) must consist of a permanent chairman and nine other members.

• (2) The permanent chairman must, by virtue of that office, be the Chief Rabbi of the United Hebrew Congregations of Great Britain and the Commonwealth.

• (3) Of the members of the Rabbinical Commission other than the permanent chairman—

• (a) one must be appointed by the Spanish and Portuguese Synagogue (London) as the vice-chairman;

• (b) three must be appointed by the Beth Din appointed by the United Synagogue (London);

• (c) two must be appointed by the Federation of Synagogues (London);

• (d) one must be appointed by the Union of Orthodox Hebrew Congregations (London); and

• (e) two must be appointed by the president of the Board of Deputies of British Jews to represent provincial congregations.

Supplementary

10

• (1) The functions of the Rabbinical Commission may be exercisable notwithstanding a vacancy amongst the members.

• (2) The quorum of the Rabbinical Commission is four.

SCHEDULE 4 — KILLING ANIMALS OTHER THAN THOSE TO WHICH THE EU REGULATION APPLIES

Interpretation

1

In this Schedule—

• (a) “animal” means—

• (i) reptiles and amphibians;

• (ii) invertebrate animals; or

• (iii) poultry, rabbits or hares killed elsewhere than in a slaughterhouse by their owner for the owner’s private domestic consumption; and

• (b) “killing”, “poultry”, “restraint” and “stunning” have the same meanings as in the EU Regulation.

Scope

2

Subject to paragraph 3, this Schedule applies to the killing of animals which are bred or kept for the production of meat, skin or other products.

Exemptions

3

This Schedule does not apply to animals which are killed—

• (a) during scientific experiments carried out under the supervision of the competent authority;

• (b) during hunting or recreational fishing activities; or

• (c) during sporting events.

Humane killing

4

• (1) No person engaged in the restraint, stunning or killing of an animal may—

• (a) cause any avoidable pain, distress or suffering to that animal; or

• (b) permit that animal to sustain any avoidable pain, distress or suffering.

• (2) No person may engage in the restraint, stunning or killing of an animal unless that person has the knowledge and skill necessary to perform those operations humanely and efficiently.

Poultry, rabbits or hares bled for private domestic consumption

5

Poultry, rabbits or hares which are bled by their owner outside a slaughterhouse for the owner’s private domestic consumption must be—

• (a) stunned before bleeding in accordance with the methods and specific requirements in Chapters I and II of Annex I and, where appropriate, Part 5 of Schedule 2; and

• (b) bled after stunning without delay.

SCHEDULE 5 — PROVISIONS OF THE EU REGULATION

Column 1 Provision of the EU Regulation containing welfare requirement	Column 2 Subject matter
Article 3(1)	General requirement to spare an animal avoidable pain, distress or suffering.
Article 3(2)	Measures to protect animals from avoidable pain, distress or suffering.
Article 3(3)	Facilities for killing and related operations.
Article 4(1) and Annex I	Stunning methods.
Article 5(1)	Checks on stunning.
Article 5(2)	Checks on animals killed in accordance with religious rites.
Article 6(1) and (2)	Standard operating procedures.
Article 7(1)	Level of competence.
Article 7(3)	Killing of fur animals.
Article 8	Sale of restraining or stunning equipment.
Article 9(1)	Maintenance of restraining and stunning equipment.
Article 9(2)	Back-up stunning equipment.
Article 9(3)	Placing of animals in restraining equipment.
Article 12	Meat imported from third countries.
Article 14(1) and Annex II	Layout and construction of, and equipment in, slaughterhouses.
Article 15(1) and Annex III	Handling and restraining operations.
Article 15(2)	Restraint of animals killed in accordance with religious rites.
Article 15(3)	Prohibited methods of restraint.
Article 16(1) to (4)	Monitoring procedures.
Article 17(1) to (5)	Animal Welfare Officer.
Article 19	Emergency killing.

SCHEDULE 6 — CONSEQUENTIAL AND SUPPLEMENTARY AMENDMENTS AND REVOCATION

Firearms Act 1968

1

• (1) Section 10 of the Firearms Act 1968[^f00027] (slaughter of animals) is amended as follows.

• (2) In subsection (1), for the words from “A person” to “may,” substitute “A person holding a relevant licence may,”.

• (3) Omit subsection (1A) (which applies in relation to Wales only).

• (4) Before subsection (2) insert—

(1B) For the purposes of subsection (1), a person holds a relevant licence if that person— (a) holds a certificate of competence or licence to kill animals under the Welfare of Animals at the Time of Killing (England) Regulations 2015, (b) holds a certificate of competence or licence to kill animals under the Welfare of Animals at the Time of Killing (Wales) Regulations 2014[^f00028], or (c) holds a certificate of competence to kill animals under the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012[^f00029].

Slaughterhouses Act 1974

2

In section 16 of the Slaughterhouses Act 1974[^f00030] (management of public slaughterhouses), in subsection (1)(c) for the words from “in accordance with” to “horses” substitute “in accordance with the Welfare of Animals at the Time of Killing (England) Regulations 2015 or the Welfare of Animals at the Time of Killing (Wales) Regulations 2014, horses”.

Animals (Scientific Procedures) Act 1986

3

In Schedule 1 to the Animals (Scientific Procedures) Act 1986[^f00031] (standard methods of humane killing), in Table A, in the fifth entry in the first column, for the words from “the holder of” to “Destruction” substitute—

the holder of a certificate of competence or licence granted under the Welfare of Animals at the Time of Killing (England) Regulations 2015 or the Welfare of Animals at the Time of Killing (Wales) Regulations 2014, or a certificate of competence granted under the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012— (i) Destruction

The Meat (Official Controls Charges) (England) Regulations 2009

4

• (1) The Meat (Official Controls Charges) (England) Regulations 2009[^f00032] are amended as follows.

• (2) In regulation 2(1) (interpretation), in paragraph (b) of the definition “controls”—

• (a) before “at slaughterhouses”, insert “pursuant to Regulation 854/2004,”; and

• (b) for “the Welfare of Animals (Slaughter or Killing) Regulations 1995” substitute “Council Regulation (EC) No 1099/2009 and the Welfare of Animals at the Time of Killing (England) Regulations 2015”.

The Gangmasters Licensing (Exclusions) Regulations 2013

5

• (1) The Gangmasters Licensing (Exclusions) Regulations 2013[^f00033] are amended as follows.

• (2) For paragraph 12 of the Schedule, substitute—

(12) The supply of a worker for the purpose of killing an animal where the worker has— (a) a certificate of competence or licence to kill animals under the Welfare of Animals at the Time of Killing (England) Regulations 2015; (b) a certificate of competence or licence to kill animals under the Welfare of Animals at the Time of Killing (Wales) Regulations 2014; or (c) a certificate of competence to kill animals under the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012.

The Welfare of Animals at the Time of Killing (Consequential Amendments) (Wales) Regulations 2014

6

The Welfare of Animals at the Time of Killing (Consequential Amendments) (Wales) Regulations 2014[^f00034] are revoked.

SCHEDULE 7 — TRANSITIONAL PROVISIONS (CERTIFICATES)

Operations in a slaughterhouse immediately before 1st January 2013

1

• (1) A person may carry out an operation specified in sub-paragraph (2) on a category of animal in a slaughterhouse without holding a certificate registered with the competent authority or temporary certificate if that person was engaged in carrying out that operation on that category of animal immediately before 1st January 2013.

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

• (a) the handling and care of animals before they are restrained;

• (b) the killing of an animal by means of a free bullet in the field; and

• (c) the shackling of poultry before stunning.

• (3) Sub-paragraph (1) ceases to apply on the date on which the competent authority grants and registers (or refuses to grant) a certificate or temporary certificate to that person in relation to that operation on that category of animal, or on 8th December 2015, whichever is the earlier.

Simplified procedure for persons who have three years’ professional experience

2

• (1) This paragraph applies to a person who applies for a certificate before 8th December 2015 who on the date of application, has at least three years’ professional experience in relation to the operation, category of animal and (where appropriate) type of equipment in respect of which the certificate is sought.

• (2) A person to whom this paragraph applies is not required to comply with regulation 8(b) if that person—

• (a) demonstrates to the satisfaction of the competent authority that the person has, at the date of application, at least three years’ professional experience in relation to the operation, category of animal and (where appropriate) type of equipment in respect of which the certificate is sought; and

• (b) provides a written declaration from a veterinary surgeon that, in the opinion of the veterinary surgeon, the person is a fit and proper person to hold a certificate.

SCHEDULE 8 — TRANSITIONAL PROVISIONS (SLAUGHTERHOUSES)

Animals delivered other than in containers

1

The business operator must ensure that—

• (a) bridges, ramps or gangways are fitted with sides, railings or some other means of protection to prevent animals falling off them; and

• (b) all passageways are constructed to minimise the risk of injury to an animal and arranged to take account of the gregarious tendencies of the animals which use them.

Lairages other than field lairages

2

The business operator must ensure that a lairage other than a field lairage has—

• (a) a floor which minimises the risk of slipping and which does not cause injury to any animal which is in contact with it;

• (b) where ventilation is provided other than naturally, a replacement means of maintaining adequate ventilation available for use if the original source of ventilation fails;

• (c) adequate lighting (whether fixed or portable) to enable the animals to be thoroughly inspected at any time; and

• (d) drinking facilities adequate in number and size for the watering of animals confined in the lairage, fixed where practicable, and constructed and placed so that they are easily accessible to all the animals, can readily be filled and cannot readily be fouled.

Field lairages

3

The business operator must ensure that a field lairage—

• (a) if it is without natural shelter or shade and is used during adverse weather conditions, has appropriate protection against such conditions for any animal using it;

• (b) has adequate lighting (whether fixed or portable) to enable the animals to be thoroughly inspected at any time; and

• (c) is provided with drinking facilities adequate in number and size for the watering of animals confined in the lairage, fixed where practicable, and constructed and placed so that they are easily accessible to all the animals, can readily be filled and cannot readily be fouled.

Shackle lines

4

In the case of a slaughterhouse where poultry are killed, the business operator must ensure that—

• (a) any shackle line is designed and positioned in such a way that poultry suspended on it are kept clear of any obstruction and disturbance is reduced to a minimum;

• (b) no poultry are suspended for more than 3 minutes in the case of a turkey or 2 minutes in other cases before being stunned; and

• (c) the whole length of the shackle line up to the point of entry into the scald tank is immediately accessible to any person so that poultry may if necessary receive attention.

Electrical stunning other than by waterbath

5

No person may use electrodes to stun an animal individually unless the apparatus—

• (a) incorporates an audible or visible device indicating the length of time of its application to an animal; and

• (b) is connected to a device indicating the voltage and the current under load, positioned so as to be clearly visible to the operator.

Electrical stunning by waterbath

6

No person may use a waterbath stunner unless—

• (a) the electrode which is immersed in the water extends the length of the waterbath; and

• (b) the waterbath stunner does not overflow at the entrance, or, if an overflow is unavoidable, measures are taken to ensure that no poultry receive an electric shock before they are stunned.

Exposure to gas

7

No person may stun pigs or poultry by exposure to gas unless the gas stunner provided for that purpose, including any equipment used for conveying the pigs or poultry through the gas, is—

• (a) designed, constructed and maintained so as to avoid any injury to a pig or bird; and

• (b) equipped with devices to—

• (i) measure and continuously display the gas concentration, as appropriate, in the gas stunner (in accordance with Table 3 of Chapter I of Annex I); and

• (ii) give clearly visible and audible warning signals if the gas concentration falls below the required level (in accordance with Table 3 of Chapter I of Annex I).

Signed

George Eustice — Minister of State — Department for Environment, Food and Rural Affairs — 2015-10-08

We consent

George Hollingbery — David Evennett — Two of the Lords Commissioners of Her Majesty’s Treasury — 2015-10-12

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

The Regulations make provision in England for the administration and enforcement of Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (OJ No L 303, 18.11.2009, p1) (“the EU Regulation”) and certain national rules maintained or adopted under Article 26(1) and (2) of the EU Regulation.

The Regulations revoke the Welfare of Animals (Slaughter or Killing) Regulations 1995 (S.I. 1995/731) and amending instruments insofar as they apply to England. (They have already been revoked in relation to Wales).

Part 1 is introductory and includes definitions and designates the competent authority responsible for various functions under the Regulations.

Chapter 1 of Part 2 requires persons to obtain an EU certificate of competence or temporary certificate of competence before killing animals or carrying out related operations in a slaughterhouse. These requirements are subject to the transitional arrangements in Schedule 7 which apply until 8th December 2015. Chapter 2 of Part 2 requires persons to obtain a national licence before killing animals or carrying out related operations elsewhere than in a slaughterhouse, subject to exceptions. The Regulations provide for the refusal, suspension or revocation of certificates of competence, temporary certificates of competence or licences and for the right to appeal against a decision to refuse, suspend or revoke them.

Part 3 and Schedules 1 to 4 set out national rules that have been maintained or adopted in accordance with Article 26(1) and (2) of the EU Regulation to ensure more extensive protection of animals at the time of killing.

Part 4 makes provision for the Secretary of State to grant derogations from the provisions of the EU Regulation in exceptional circumstances where compliance is likely to affect human health or significantly slow down the eradication of a disease.

Part 5 sets out the offences for contravening these Regulations or the EU Regulation. Regulation 33 sets out the penalties on summary conviction.

Part 6 contains provisions relating to enforcement. Inspectors, appointed by the competent authority and local authorities, are given powers to require compliance with these Regulations and the EU Regulation, including powers of entry and seizure and powers to issue enforcement notices. Breaching an enforcement notice and obstructing inspectors is an offence.

Part 7 introduces Schedule 6, which makes consequential and supplementary amendments. Schedule 6 also revokes the Welfare of Animals at Time of Killing (Consequential Amendments) (Wales) Regulations 2014 (S.I. 2014/2124 (W.208)) which made consequential amendments now superseded by the other provisions in Schedule 6. Part 7 introduces Schedules 7 and 8 which make transitional provisions. Regulation 46 requires the Secretary of State to review the operation and effect of the Regulations and publish a report within five years of 5th November 2015 and within every five years thereafter.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from the Department for Environment, Food and Rural Affairs, 17 Smith Square, London SW1P 3JR or the Defra website at www.gov.uk, and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

Footnotes

[^f00001]: S.I. 1972/1811.

[^f00002]: 1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51), and the European Union (Amendment) Act 2008 (c.7), Part 1 of the Schedule.

[^f00003]: The function of the former Minister of Agriculture of making regulations under section 2(2) was transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). Under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c.32), despite the transfer to the Welsh Ministers of functions in relation to implementing obligations under EU law in relation to devolved matters, the Secretary of State retains power to exercise such functions as regards Wales. Under section 57 of the Scotland Act 1998 (c.46), despite the transfer to the Scottish Ministers of functions in relation to implementing obligations under EU law in respect of devolved matters, the function of the Secretary of State in relation to implementing those obligations continues to be exercisable as regards Scotland.

[^f00004]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51), and amended by the European Union (Amendment) Act 2008 (c.7), Part 1 of the Schedule.

[^f00005]: 1973 c.51; section 56(1) was amended by S.I. 2011/1043.

[^f00006]: OJ No. L303, 18.11.2009, p1.

[^f00007]: 1967 c.24.

[^f00008]: 1974 c.3.

[^f00009]: S.I. 1995/731; relevant amending instruments, in relation to England, are S.I. 1999/400, 2000/656 and 3352, 2001/447, 2001/3830, 2003/3272, 2006/1200, 2007/402 and 2012/501. The instrument was revoked in relation to Wales by S.I. 2014/951 (W.92).

[^f00010]: OJ No. L303, 18.11.2009, p1.

[^f00011]: Established by section 127 of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22) and responsible for regulating qualifications, exams and tests in England.

[^f00012]: The RCVS was established by Royal Charter in 1844 and is responsible for the registration of veterinary surgeons and the regulation of their education, ethical and clinical standards.

[^f00013]: 2006 c.45.

[^f00014]: 1966 c.36; section 2 was amended by S.I. 2003/2919 and 2008/1824.

[^f00015]: 1980 c.43.

[^f00016]: 1978 c.30.

[^f00017]: S.I. 1995/731; relevant amending instruments, in relation to England, are S.I. 1999/400, 2000/656 and 3352, 2001/447, 2001/3830, 2003/3272, 2006/1200, 2007/402 and 2012/501. The instrument was revoked in relation to Wales by S.I. 2014/951 (W.92).

[^f00018]: S.I. 1999/400. The instrument was revoked in relation to Wales by S.I. 2014/951 (W.92).

[^f00019]: S.I. 2000/656. The instrument was revoked in relation to Wales by S.I. 2014/951 (W.92).

[^f00020]: S.I. 2000/3352.

[^f00021]: S.I. 2001/3830.

[^f00022]: S.I. 2003/3272.

[^f00023]: S.I. 2006/1200.

[^f00024]: S.I. 2007/402.

[^f00025]: S.I. 2012/501.

[^f00026]: 1981 c. 22.

[^f00027]: 1968 c.27; section 10 was amended by S.I. 1995/731 and (in relation to Wales) by S.I. 2014/2124 (W.208), which is revoked by paragraph 6 of this Schedule.

[^f00028]: S.I. 2014/951 (W.92).

[^f00029]: S.S.I. 2012/321.

[^f00030]: 1974 c.3; section 16(1)(c) was amended by S.I. 1995/731 and (in relation to Wales) by S.I. 2014/2124 (W.208), which is revoked by paragraph 6 of this Schedule.

[^f00031]: 1986 c.14; relevant amendments to Table A in Schedule 1 were made by S.I. 2012/3039, and (in relation to Wales) by S.I. 2014/2124 (W.208), which is revoked by paragraph 6 of this Schedule.

[^f00032]: S.I. 2009/1574.

[^f00033]: S.I. 2013/2216; paragraph 12 was amended in relation to Wales by S.I. 2014/2124 (W.208) (which is itself revoked by paragraph 6 of this Schedule).

[^f00034]: S.I. 2014/2124 (W.208).

Editorial notes

[^key-6edcd7e2b44d32bd27b97cc950c4168c]: Words in reg. 4(1)(c)(iii) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 28(2)

[^key-0c7c826867b08ba49440f73c5d2692a0]: Words in reg. 3(1) inserted (31.12.2020) by The Welfare of Animals at the Time of Killing (England and Northern Ireland) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1308), regs. 1, 3; 2020 c. 1, Sch. 5 para. 1(1)

[^key-32d686455fafb6c2bf917ee8762d1a02]: Words in reg. 4(2) omitted (31.12.2020) by virtue of The Animal Health and Welfare (Miscellaneous Amendments) (England) (EU Exit) Regulations 2018 (S.I. 2018/1033), regs. 1(1), 5(2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-335acfe9fb6bf910170dee09f4d276d4]: Words in reg. 11(3) substituted (31.12.2020) by The Animal Health and Welfare (Miscellaneous Amendments) (England) (EU Exit) Regulations 2018 (S.I. 2018/1033), regs. 1(1), 5(3); 2020 c. 1, Sch. 5 para. 1(1)

[^key-52e7471f89256279e72a17d79692d0f1]: Words in reg. 19(1) omitted (31.12.2020) by virtue of The Animal Health and Welfare (Miscellaneous Amendments) (England) (EU Exit) Regulations 2018 (S.I. 2018/1033), regs. 1(1), 5(4); 2020 c. 1, Sch. 5 para. 1(1)

[^key-45d79279445e5db9b83c2249414ac27d]: Reg. 35(6) substituted (31.12.2020) by The Animal Health and Welfare (Miscellaneous Amendments) (England) (EU Exit) Regulations 2018 (S.I. 2018/1033), regs. 1(1), 5(5); 2020 c. 1, Sch. 5 para. 1(1)

[^key-22bcc94eb82ea3eedc4f2afa40a31009]: Reg. 46(2) omitted (31.12.2020) by virtue of The Animal Health and Welfare (Miscellaneous Amendments) (England) (EU Exit) Regulations 2018 (S.I. 2018/1033), regs. 1(1), 5(6); 2020 c. 1, Sch. 5 para. 1(1)

[^key-46d0bc80a2c866e3c68ca79816ea05ab]: Words in Sch. 1 para. 25 inserted (3.2.2022) by The Protection of Animals at the Time of Killing (Amendment) (England) Regulations 2022 (S.I. 2022/33), regs. 1(b), 3(2)(a)

[^key-1c0ddaa6a91ccb3fd5fc25165d4cdd5b]: Words in Sch. 1 para. 25 inserted (3.2.2022) by The Protection of Animals at the Time of Killing (Amendment) (England) Regulations 2022 (S.I. 2022/33), regs. 1(b), 3(2)(b)

[^key-1b3b1d4216851939fe2bcd8209f0cbe8]: Words in Sch. 2 para. 35 inserted (3.2.2022) by The Protection of Animals at the Time of Killing (Amendment) (England) Regulations 2022 (S.I. 2022/33), regs. 1(b), 3(3)(a)

[^key-fb07cc4b056630986b14e2d93072eca0]: Words in Sch. 2 para. 35 inserted (3.2.2022) by The Protection of Animals at the Time of Killing (Amendment) (England) Regulations 2022 (S.I. 2022/33), regs. 1(b), 3(3)(b)

[^key-0b5f0353bce613b2beced77b5e0da39f]: Words in reg. 3(1) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 3(2)(a)

[^key-72d7b22cd5ebc86e2950b74b484fb261]: Words in reg. 3(1) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 3(2)(b)

[^key-bb0912567b5544c487150ff9a5cac433]: Reg. 22(1A) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 3(3)(a)

[^key-352e9db01c7e97b20de8422aff05a5ed]: Reg. 22(5) inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 3(3)(b)

[^key-7ab3338ace061c53487cee2232aaefd7]: Word in Sch. 2 para. 3(2) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 36