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STATUTORY INSTRUMENTS


2007 No. 1120

ANIMALS, ENGLAND

ANIMAL WELFARE

The Docking of Working Dogs' Tails (England) Regulations 2007

  Made 30th March 2007 
  Coming into force 6th April 2007 

The Secretary of State, as the appropriate national authority in relation to England, makes the following Regulations in exercise of the powers conferred by section 6(4), (5), (6), (8) and (14) of the Animal Welfare Act 2006[1].

     In accordance with section 6(15) of that Act, the Secretary of State has consulted those persons appearing to him to represent interests with which these Regulations are concerned as he considered appropriate.

     In accordance with section 61(2) of that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Title, commencement and application
     1. These Regulations—

Interpretation
    
2. In these Regulations—

Certification requirements
    
3. —(1) A veterinary surgeon may certify that he has seen evidence that a dog is likely to be used for a specified type of work and is a dog of a specified type, where—

    (2) The evidence is—

    (3) Any certification given under paragraph (1) shall be made in paragraph 1 of a certificate in the form prescribed in Schedule 2.

Identification of docked dogs
    
4. —(1) In order to be identified as a subsection (3) dog as required by section 6(8) of the Animal Welfare Act 2006 a dog must be microchipped—

    (2) A dog may only be microchipped for the purposes of these Regulations after the owner, or a person whom the veterinary surgeon who is to carry out or supervise the microchipping reasonably believes to be representing the owner, has made a signed and dated statement in paragraph 4 of a certificate in the form prescribed in Schedule 2.

    (3) The veterinary surgeon who carries out or supervises the microchipping must certify that fact in paragraph 2 of a certificate in the form prescribed in Schedule 2.


Barry Gardiner
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

30th March 2007



SCHEDULE 1
Regulation 3(1)(a)


Specified Types of Dog


Hunt point retrieve breeds of any type or combination of types.

Spaniels of any type or combination of types.

Terriers of any type or combination of types.



SCHEDULE 2
Regulations 3 and 4


Form of Certificate




“ANIMAL WELFARE ACT 2006, section 6

The Docking of Working Dogs' Tails (England) Regulations 2007

To be completed by the veterinary surgeon signing below—

     1. I, [INSERT NAME], confirm that I have seen the following evidence required by the Docking of Working Dogs' Tails (England) Regulations 2007 to show that the dog whose tail is to be docked ("the dog") by me on [INSERT DATE] is likely to be used for work in connection with an activity specified in paragraph 5 below and is of one or more of the types specified in paragraph 6 below:

Signature of Veterinary Surgeon:

Name:

Address of Veterinary Surgeon's Practice:

To be completed by the veterinary surgeon signing below on the day on which microchipping of the dog takes place—

     2. I [INSERT NAME] confirm that on [INSERT DATE] either I have, or a veterinary nurse acting under my supervision has, inserted a microchip into a dog:

whose tail I have docked on the same day.*

that the owner or a person whom I believe to be representing the owner has presented to me as the dog whose tail was docked on [DATE] by the veterinary surgeon who signed the certificate in paragraph 1 above.*

The microchip reading is [INSERT MICROCHIP READING].

Signature of Veterinary Surgeon:

Name:

Address of Veterinary Surgeon's Practice:

Statement to be completed by the owner of the dog or by a person authorised by the owner to represent him—

     3. I, [INSERT NAME], confirm that:

I am [authorised to represent]* the owner of the dog whose tail is to be docked on [INSERT DATE] by the veterinary surgeon signing the certificate in paragraph 1 above.

I confirm that the dam of the dog is of one or more of the types specified in paragraph 6.

I confirm that the dog was born on [INSERT DATE].

I confirm that it is intended that the dog be:

I confirm that to the best of my knowledge and belief the evidence I am showing to obtain this certificate is true and accurate.

I am aware that it is an offence knowingly to give false information to a veterinary surgeon in connection with the giving of a certificate for the purposes of section 6 of the Animal Welfare Act 2006.

Signature of owner of the dog or of the person authorised to represent him:

Name

Address

     4. I, [INSERT NAME], confirm that:

I am [authorised to represent]* the owner of the dog to be microchipped on [INSERT DATE] by, or under the supervision of, the veterinary surgeon signing the certificate in paragraph 2 above.

I confirm that to the best of my knowledge and belief the dog I am presenting for microchipping today is the same dog whose tail was docked on [DATE] and in relation to which paragraphs 1 and 3 of this certificate were completed.

I am aware that it is an offence knowingly to give false information to a veterinary surgeon in connection with the giving of a certificate for the purposes of section 6 of the Animal Welfare Act 2006.

Signature of owner of the dog or of the person authorised to represent him:

Name

Address

     5. Specified activities—

     6. Specified Types of Dog

Hunt point retrieve breeds of any type or combination of types.

Spaniels of any type or combination of types.

Terriers of any type or combination of types.''.



EXPLANATORY NOTE

(This note is not part of the Regulations)


Under section 6 of the Animal Welfare Act 2006 (c.45), working dogs may be exempted by regulations from the prohibition upon the removal of the whole or any part of a dog's tail, otherwise than for the purpose of its medical treatment.

Regulation 3 sets out the requirements to be observed before a veterinary surgeon may certify that the dog is a working dog. Regulation 3(1)(a) and Schedule 1 specify the types of dog that are capable of being certified, and regulation 3(1)(c) and (2) describes the further evidence (concerning the likelihood that the dog will be used for certain work) that is required to be shown to a veterinary surgeon in order to obtain such a certificate. Regulation 4 prescribes the way in which a dog whose tail is docked is to be identified by microchipping. Schedule 2 prescribes the form in which the certificate is to be given.

A regulatory impact assessment has been prepared for these Regulations and placed in the library of each House of Parliament; copies can be obtained from the Animal Welfare Division, Department for Environment, Food and Rural Affairs, 1A Page Street, London SW1P 4PQ.


Notes:

[1] 2006 c.45. The appropriate national authority is defined in section 62(1) of the Act.back

[2] ISO Central Secretariat, International Organization for Standardization (ISO), 1 rue de Varembé, Case postale 56, CH-1211, Geneva 20, Switzerland.back



ISBN 978 0 11 076715 4


 © Crown copyright 2007

Prepared 5 April 2007


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