LegalizeThe Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2010
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;
- (c) in such a way as to minimise the pain and suffering it causes to the animal;
- (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
| Procedure | Purpose |
|---|---|
| Freeze branding | Identification |
| Tattooing | Identification |
| Micro chipping | Identification |
| Vasectomy | Controlling reproduction or general animal management |
| Castration | Controlling reproduction or general animal management |
| Implantation of a subcutaneous contraceptive | Controlling reproduction or general animal management |
| Embryo and ovum transfer | Controlling reproduction or general animal management |
SCHEDULE 7 — Deer
| Procedure | Purpose |
|---|---|
| Tattooing | Identification |
| Ear tagging | Identification |
| Ear notching | Identification |
| 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 deer | Controlling reproduction or general animal management, as part of a conservation programme |
| Embryo and ovum transfer | Controlling reproduction or general animal management |
| Removal of antlers | Handler safety or herd welfare Condition— Antler removal may only be performed where the velvet is frayed and the greater part of it shed. |
SCHEDULE 8 — Cats
| Procedure | Purpose |
|---|---|
| Ear tipping of feral cats | Identification |
| Micro chipping | Identification |
| Tattooing | Identification |
| Vasectomy | Controlling reproduction or general animal management |
| Castration | Controlling reproduction or general animal management |
| Spaying | Controlling reproduction or general animal management |
| Implantation of a subcutaneous contraceptive | Controlling reproduction or general animal management |
SCHEDULE 9 — Dogs
| Procedure | Purpose |
|---|---|
| Micro chipping | Identification |
| Tattooing | Identification |
| Vasectomy | Controlling reproduction or general animal management |
| Castration | Controlling reproduction or general animal management |
| Spaying | Controlling reproduction or general animal management |
| Embryo and ovum transfer | Controlling reproduction or general animal management |
| Implantation of a subcutaneous contraceptive | Controlling reproduction or general animal management |
| Amputation of dew claws | General animal management |
| Docking of any dog aged 5 days or less that is a dog— | Dog welfare |
| 1)of the type known as spaniel, of any breed or combination of breeds; or | |
| 2)of the type known as hunt point retrieve, of any breed or combination of breeds | |
| Conditions— | |
| 1)The procedure may only be carried out by a veterinary surgeon. | |
| 2)Not more than the end third in length of the tail may be removed. | |
| 3)The veterinary surgeon who is to carry out the procedure must, before doing so, be satisfied that there has been produced to that veterinary surgeon by— | |
| the owner of the dog; or | |
| another person whom the veterinary surgeon reasonably believes to be representing the owner, | |
| evidence showing that the dog is likely to be used for work in connection with the lawful shooting of animals. | |
| 4)The veterinary surgeon who is to carry out the procedure must, before doing so, sign a certificate which— | |
| certifies that Condition 3) has been complied with; | |
| certifies that the dog is aged 5 days or less according to the date of birth of the dog given by—its owner; oranother person whom the veterinary surgeon reasonably believes to be representing the owner; and | |
| states the following information:—the breed and type of the dog;the sex of the dog;the colour and a description of the dog;the unique number of the compliant microchip implanted in the dam of the dog; andwhere the dog has been implanted with a compliant microchip, the unique number of that compliant microchip. | |
| In paragraph (c)(iv) and (v) a reference to a compliant microchip means a microchip within the meaning of regulation 4 of the Microchipping of Dogs (Scotland) Regulations 2016. |
SCHEDULE 10 — Fish
| Procedure | Purpose |
|---|---|
| Chemical branding | Identification |
| Freeze branding | Identification |
| Passive integrated transponder tagging/micro chipping | Identification |
| Removal or perforation of parts of the fins, adipose fins or fin rays | Identification |
| Removal of fish scales | Age determination or stock management |
| Implantation of a subcutaneous contraceptive | Controlling reproduction or general animal management |
SCHEDULE 11 — Reptiles
| Procedure | Purpose |
|---|---|
| Micro chipping | Identification |
| Laparoscopy | General animal management |
| Implantation of a subcutaneous contraceptive | Controlling reproduction or general animal management |
SCHEDULE 12 — Any other kind of animal
| Procedure | Purpose |
|---|---|
| Micro chipping | Identification |
| Tattooing | Identification |
| Vasectomy | Controlling reproduction |
| Castration | Controlling reproduction |
| Spaying | Controlling reproduction |
| Embryo and ovum transfer | Controlling reproduction |
| Implantation of a subcutaneous contraceptive | Controlling reproduction or general animal management |
Signed
RICHARD LOCHHEAD — A member of the Scottish Executive — 2010-11-04
Explanatory note
(This note is not part of the Regulations)
Footnotes
[^f00001]: 2006 asp 11.
[^f00002]: 1948 c.45, section86(3).
[^f00003]: The term “protected animal” is defined in section17 of the Animal Health and Welfare (Scotland) Act 2006.
[^f00004]: S.S.I.2007/256, amended by S.S.I.2009/47.
Editorial notes
[^c20569891]: 2006 asp 11.
[^c20569901]: 1948 c.45, section 86(3).
[^c20569911]: The term “protected animal” is defined in section 17 of the Animal Health and Welfare (Scotland) Act 2006.
[^c20569921]: S.S.I. 2007/256, amended by S.S.I. 2009/47.
[^c20569931]: S.S.I. 2009/47.
[^key-0be766d89c4f2a06f8a32d09774e09ad]: Words in sch. 4 inserted (22.2.2011) by The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/164), regs. 1, 2(2)
[^key-aad2ee43caf97dff8544839b9019234c]: Words in sch. 7 inserted (22.2.2011) by The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/164), regs. 1, 2(3)
[^key-00ef4983ae8fb5256d2165ebb0267590]: Words in sch. 2 substituted (9.2.2012) by The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/40), regs. 1, 2(3)
[^key-9e2850a574e5236b45cdd8d47db383b7]: Words in sch. 4 substituted (9.2.2012) by The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/40), regs. 1, 2(4)
[^key-f6337fb0bcbec86b4132af928344a62c]: Words in sch. 5 substituted (9.2.2012) by The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/40), regs. 1, 2(5)
[^key-9664c53e5e867d66810719f342b4daef]: Words in sch. 7 substituted (9.2.2012) by The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/40), regs. 1, 2(6)
[^key-b07511435e57fb54eb1f86dbe3702674]: Words in sch. 1 substituted (5.10.2016) by The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/310), regs. 1, 2(2)
[^key-063ab3401c78c2a21a5167744231f881]: Words in sch. 9 inserted (28.6.2017) by The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/226), regs. 1, 4
[^key-4690a1451cb220eaf2ced5071904dd47]: Word in reg. 2 substituted (28.6.2017) by The Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/226), regs. 1, 3
Handler safety or herd welfare
Condition—
Antler removal may only be performed where the velvet is frayed and the greater part of it shed.
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