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2002 No. 1646

ANIMALS, ENGLAND

PREVENTION OF CRUELTY

The Welfare of Farmed Animals (England) (Amendment) Regulations 2002

Approved by both Houses of Parliament

  made 24th June 2002 
  Coming into force
  All regulations except 2(3) and 3 25th June 2002 
  Regulation 2(3) 1st January 2003 
  Regulation 3 1st January 2011 

The Secretary of State for Environment, Food and Rural Affairs, in exercise of the powers conferred by section 2 of the Agriculture (Miscellaneous Provisions) Act 1968 and vested in her[1], and after consultation (in accordance with section 2 of the said 1968 Act) with such persons appearing to her to represent any interests concerned as she has considered appropriate, hereby makes the following Regulations, a draft of which has been approved by resolution of each House of Parliament:

Title and commencement
     1.  - (1) These Regulations may be cited as the Welfare of Farmed Animals (England) (Amendment) Regulations 2002.

    (2) These Regulations shall come into force for all purposes, other than for the purpose of the amendments made by regulation 2(3) and the revocation made by regulation 3, on the day after the day on which the Regulations are made.

    (3) For the purposes of the amendments made by regulation 2(3), these Regulations shall come into force on 1st January 2003.

    (4) For the purposes of the revocation made by regulation 3, these Regulations shall come into force on 1st January 2011.

Amendments to the Welfare of Farmed Animals (England) Regulations 2000
    
2.  - (1) The Welfare of Farmed Animals (England) Regulations 2000[2] shall be amended in accordance with the following provisions of this regulation.

    (2) In regulation 2(1) - 

    (3) Regulation 4 and Schedule 2 shall be revoked.

    (4) For regulation 5 there shall be substituted the following regulation - 

    (5) After regulation 5 the following regulation shall be added - 

    (6) In Schedule 1 - 

    (7) For Schedule 3 there shall be substituted the following provisions:



    (8) After Schedule 3 there shall be inserted the Schedules 3A, 3B, 3C and 3D set out in the Schedule to these Regulations.

    (9) For paragraph (a) of regulation 12 there shall be substituted the following paragraph - 

Revocation of the Veterinary Surgery (Exemptions) Order 1962 as regards Laying Hens
     3. Article 4(c) of the Veterinary Surgery (Exemptions) Order 1962[4] shall be revoked insofar as it is applicable to laying hens.


Elliot Morley
Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs

24th June 2002



THE SCHEDULE
Regulation 2(8)







EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which apply to England only, amend the Welfare of Farmed Animals (England) Regulations 2000, S.I. 2000/1870 ("the principal Regulations"). The amendments give effect to the provisions of Council Directive 99/74/EC (OJ No. 203, 3.8.99, p.53), laying down minimum standards for the protection of laying hens, in establishments with 350 or more laying hens.

Subject as follows, these Regulations come into force for all purposes on the day after the day on which the Regulations are made. For the purposes of the amendments made by regulation 2(3), the Regulations come into force on 1st January 2003. For the purposes of the revocation made by regulation 3, these Regulations come into force on 1st January 2011.

The Regulations insert new definitions, including a new definition of laying hen (Regulation 2(2)).

The Regulations insert a new Regulation 5 and Schedule 3, to apply requirements in relation to the keeping of laying hens other than in the systems referred to in the new Schedules 3A, 3B, 3C and 3D to the principal Regulations (regulation 2(4) and (7)).

The Regulations insert a new Regulation 5A and Schedules 3A, 3B, 3C and 3D to the principal Regulations, to apply requirements in relation to the keeping of laying hens in the systems referred to in the new Schedules 3A, 3B, 3C and 3D to the principal Regulations (regulation 2(5) and (8)).

The new Schedule 3A to the principal Regulations specifies requirements for the conditions, including the stocking density, in which laying hens may be kept in non-cage systems. It applies to all newly built or rebuilt non-cage systems and to all non-cage systems on and after 1st January 2007.

The new Schedule 3B to the principal Regulations specifies requirements for the conditions, which apply on and after 1st January 2003, for laying hens kept in conventional (battery) cages. No laying hens may be kept in new cage systems of this type built or brought into service for the first time on or after 1st January 2003; and keeping laying hens in this type of cage system is prohibited on and after 1st January 2012.

The new Schedule 3C to the principal Regulations provides that all cage systems which are not conventional (battery) systems, have to meet additional requirements relating to the conditions in which laying hens are kept (enriched cages).

The new Schedule 3D to the principal Regulations applies to all systems for keeping laying hens. It provides for general requirements regarding inspection, sound levels, lighting, cleansing and construction of cages. This Schedule also prohibits mutilation, but permits beak trimming until 31st December 2010, under certain conditions, including compliance with the Veterinary Surgery (Exemptions) Order 1962.

Article 4(c) of the Veterinary Surgery (Exemptions) Order 1962 (S.I. 1962/2557), which permits persons who are not registered in the Register of Veterinary Surgeons to carry out beak-trimming on poultry, is revoked insofar as it is applicable to laying hens.

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies may be obtained from the Department of Environment, Food and Rural Affairs (Animal Welfare, Branch A), 5th Floor, 1A Page Street, London SW1P 4PQ.


Notes:

[1] 1968 c. 34. See sections 8(4) and 50 of the Act for the interpretation of "the Ministers". In relation to England, the functions of "the Ministers" under the Act were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999, S.I. 1999/3141. The functions of the Minister of Agriculture, Fisheries and Food under the Act were transferred to the Secretary of State for Environment, Food and Rural Affairs by virtue of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002, S.I. 2002/794.back

[2] S.I. 2000/1870.back

[3] OJ No. L. 203, 3.8.99, p.53.back

[4] S.I. 1962/2557.back

[5] S.I. 1962/2557.back



ISBN 0 11 042417 4


  Prepared 4 July 2002


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URL: http://www.bailii.org/uk/legis/num_reg/2002/20021646.html