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

Made: 8 April 2014

Laid before the National Assembly for Wales: 10 April 2014

Coming into force: 20 May 2014

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Welsh Ministers 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[^f00004] to be construed as references to those Annexes as amended from time to time.

PART 1 — General

Title, application and commencement

1

These Regulations—

• (a) are entitled the Welfare of Animals at the Time of Killing (Wales) Regulations 2014;

• (b) apply in relation to Wales; and

• (c) come into force on 20 May 2014.

Expiry

2

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

• (a) regulation 44; and

• (b) Schedule 7.

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

• (a) regulation 30(1)(h);

• (b) regulation 45; and

• (c) Schedule 8.

Interpretation

3

• (1) In these Regulations—

• “the 1967 Act” (“1967 Act”) means the Slaughter of Poultry Act 1967[^f00005];

• “the 1974 Act” (“Deddf 1974”) means the Slaughterhouses Act 1974[^f00006];

• “the 1995 Regulations” (“Rheoliadau 1995”) means the Welfare of Animals (Slaughter or Killing) Regulations 1995[^f00007];

• “authorised veterinary surgeon” (“milfeddyg awdurdodedig”) means a veterinary surgeon authorised by the Welsh Ministers for the purpose of carrying out assessments in accordance with regulation 16(c);

• “certificate” (“tystysgrif”) (except in the term “temporary certificate” or regulation 41) 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” (“awdurdod cymwys”) has the meaning given in regulation 4;

• “EU Regulation” (“Rheoliad UE”) means Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing[^f00008] as amended from time to time;

• “evidence of training and examination” (“tystiolaeth o hyfforddi ac arholi”) means—a certificate granted by a body, recognised and regulated by the Welsh Ministers 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 qualification which has been recognised under the Professional Qualifications Regulations 2023 in relation to an operation specified in regulation 6, a licence granted by the Rabbinical Commission for the purpose of killing 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)[^f00009], and RCVS continuing professional development record combined;

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

• “inspector” (“arolygydd”) means a person appointed under regulation 34 or an inspector appointed under section 51 of the Animal Welfare Act 2006[^f00010];

• “knacker’s yard” (“iard gelanedd”) means a premises 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;

• “licence” (“trwydded”) means a licence as required by regulation 12;

• “local authority” (“awdurdod lleol”) means a county council or a county borough council;

• “the Professional Qualifications Regulations 2023” (“Rheoliadau Cymwysterau Proffesiynol 2023”) means the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023;

• “Rabbinical Commission” (“y Comisiwn Rabinaidd”) means the body referred to in Part 4 of Schedule 3 responsible for licensing persons carrying out the killing of animals in accordance with the Jewish method (Shechita);

• “restraining pen” (“lloc ffrwyno”) means a pen or compartment which is suitable for restraining an adult bovine animal in an upright position for the purpose of killing in accordance with religious rites (as defined in paragraph 1(c) of Schedule 3) and which is constructed and approved in accordance with paragraph 3 of Schedule 3;

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

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

• “veterinary surgeon” (“milfeddyg”) means a person registered in the register of veterinary surgeons under section 2 of the Veterinary Surgeons Act 1966[^f00011];

• “WASK licence” (“trwydded LlACL”) means a registered licence required by or granted in accordance with Schedule 1 to the 1995 Regulations.

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The competent authority

4

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

• (a) Part 2 (certificates, temporary certificates and licences), unless specified otherwise;

• (b) approving restraining pens in accordance with paragraph 3 of Schedule 3; and

• (c) in relation to the killing of animals in a slaughterhouse—

• (i) receiving and assessing documents, records or information in accordance with Articles 6(4), 9(1), 14(2) and 17(5);

• (ii) receiving and assessing other documents, records or information in accordance with the EU Regulation or these Regulations; and

• (iii) taking action in the event of any non-compliance with the EU Regulation or these Regulations in accordance with Article 138 (actions in the event of established non-compliance) 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 food and feed law, rules on animal health and welfare, plant health and plant protection products.

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

• (3) The Welsh Ministers may act as the competent authority in relation to—

• (a) the suspension or revocation of certificates, temporary certificates or licences under Part 2; and

• (b) the appointment of inspectors in accordance with regulation 34.

PART 2 — Certificates, temporary certificates and licences

CHAPTER 1 — Certificates and temporary certificates

Requirement for a certificate or temporary certificate

5

• (1) Subject to regulations 23(2) and 44, 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) any of the following operations carried out in a slaughterhouse—

• (i) an operation specified in any of sub-paragraphs (a) to (g) of Article 7(2); and

• (ii) the pithing of a stunned animal and assessment of effective pithing; and

• (b) supervising the killing of fur animals in accordance with Article 7(3).

Certificates

7

The competent authority must 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 must—

• (a) not be less than 18 years old, unless the certificate is required for the following operations—

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

• (ii) the shackling or hoisting of live poultry before stunning;

• (b) subject to regulation 44, 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);

• (d) provide written details if the applicant—

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

• (ii) has been refused a licence under the 1967 Act, the 1974 Act, any regulations made under either of those Acts or the 1995 Regulations in relation to the killing of an animal or related operation; or

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

• (e) pay a fee in accordance with regulation 24.

Temporary certificates

9

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

10

The applicant must—

• (a) not be less than 18 years old, unless the temporary certificate is required for the following operations—

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

• (ii) the shackling or hoisting of live poultry before stunning;

• (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—

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

• (ii) has been refused a licence under the 1967 Act, the 1974 Act, any regulations made under either of those Acts or the 1995 Regulations in relation to the killing of an animal or related operation; or

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

Grant of certificates and temporary certificates

11

• (1) A certificate or temporary certificate must 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 or temporary certificates granted in England, Scotland or Northern Ireland for operations which require a certificate or temporary certificate in Wales under these Regulations have effect in Wales as if they were certificates or temporary certificates granted under these Regulations.

CHAPTER 2 — Licences

Requirement for a licence

12

Subject to regulations 14 and 23(2), no person may carry out an operation specified in regulation 13 except under and to the extent authorised by a licence registered with the competent authority.

Operations which require a licence

13

The operations referred to in regulation 12 are any of the following operations carried out other than in a slaughterhouse—

• (a) an operation specified in any of sub-paragraphs (b) to (f) of Article 7(2) carried out for the purposes specified in Article 10 (private domestic consumption) by a person other than the owner of the animal;

• (b) an operation specified in any of sub-paragraphs (b) to (f) of Article 7(2) carried out for the purposes specified in Article 11 (direct supply of small quantities of poultry, rabbits and hares);

• (c) in relation to the killing of solipeds, ruminants, pigs, rabbits, poultry or ratites other than for human consumption—

• (i) the restraint of animals for the purpose of stunning;

• (ii) the stunning of animals;

• (iii) the assessment of effective stunning;

• (iv) the shackling or hoisting of stunned animals, other than poultry;

• (v) the bleeding of live animals; and

• (d) the pithing of a stunned animal and assessment of effective pithing.

Exceptions to the requirement for a licence

14

Regulation 12 does not apply to any person who—

• (a) holds a certificate registered with the competent authority, provided that the scope of the certificate extends to the operation being undertaken;

• (b) works in the presence, and under the direct supervision, of a person who holds a certificate or licence registered with the competent authority, provided that the scope of the certificate or licence extends to the operation being undertaken;

• (c) works in the presence, and under the direct supervision, of a veterinary surgeon;

• (d) carries out the emergency killing of an animal;