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Statutory Instruments made by the National Assembly for Wales
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URL: http://www.bailii.org/wales/legis/num_reg/2007/20071028e.html

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STATUTORY INSTRUMENTS

2007 No. 1028 (W.95)

ANIMALS, WALES

ANIMAL WELFARE

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

  Made 28 March 2007 
  Coming into force 29 March 2007 

The National Assembly for Wales, as the appropriate national authority in relation to Wales, 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 Assembly has consulted those persons appearing to it to represent interests with which these Regulations are concerned as it considered appropriate.

Title, commencement and application
     1. The title of these Regulations is The Docking of Working Dogs' Tails (Wales) Regulations 2007. They apply in relation to Wales and come into force on 28 March 2007.

Interpretation
     2. In these Regulations—

Certification requirements
     3. —(1) A veterinary surgeon may certify that he or she 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 under paragraph (1) must be given in Part 2 of a certificate in the form prescribed in Schedule 2.

Confirmation of tail docking
     4. A veterinary surgeon who removes the whole or any part of a dog's tail, otherwise than for the purpose of its medical treatment, must certify that fact in Part 3 of a certificate in the form prescribed in Schedule 2.

Identification of docked dogs
     5. —(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 Part 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 Part 5 of a certificate in the form prescribed in Schedule 2.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[3].


D. Elis-Thomas
The Presiding Officer of the National Assembly

28 March 2007



SCHEDULE 1
Regulation 3(1)(a)


Specified Types of Dog


Spaniels

of the following breeds:

English Springer Spaniel

Welsh Springer Spaniel

Cocker Spaniel,

but not combinations of breeds.

Terriers

of the following breeds:

Jack Russell Terrier

Cairn Terrier

Lakeland Terrier,

Norfolk Terrier

but not combinations of breeds.

Hunt point retrieves

Of the breeds listed below:

Braque Italian

Brittany

German Long Haired Pointer

German Short Haired Pointer

German Wire Haired Pointer

Hungarian Vizsla

Hungarian Wire Haired Vizsla

Italian Spinone

Spanish Water Dog

Weinmaraner

Korthals Griffon

Slovakian Rough Haired Pointer

Large Munsterlander

Small Munsterlander



SCHEDULE 2
Regulations 3 and 4


Form of Certificate


“ANIMAL WELFARE ACT 2006, section 6

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



Part 1 —

Presentation of dog for Certification

(To be completed by the person presenting the dog for certification)

Details of the person presenting the dog for certification
     1. Name and address:

     2. Relationship to the dog whose tail is to be docked [on [INSERT DATE] by the veterinary surgeon signing the certificate in part 2 below] (delete as appropriate):

    — owner of the dog;

    — person authorised to represent the owner of the dog.

Details of the dog presented for certification
     3. Date of birth:

     4. Type of dog (tick as appropriate):

     5. Type of the dam (tick as appropriate):

Certification Requirements
     6. The dog is likely to be used for work in connection with (tick as appropriate):

     7. Where the dog is likely to be used for work in connection with one or more of the purposes listed in paragraph (6)(a) to (c), one or more of the following must be submitted with this form (tick as appropriate):

     8. Where the dog is likely to be used for work in connection with lawful pest control, the following must be submitted with this form:

     9. Where the dog is likely to be used for work in connection with the lawful shooting of animals, the following must be submitted with this form:

Declaration
I confirm that the information provided above and the evidence submitted with this form are true and accurate.

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

Signature of person presenting the dog for certification:

Name:

Date:



Part 2 —

Certification of the dog as a working dog

(To be completed by the veterinary surgeon certifying the dog)

     1. I am satisfied that the type of the dog and of its dam are indicated in paragraphs 4 and 5 respectively of Part 1.

     2. I have seen the evidence submitted in accordance with paragraphs 7-9 of Part 1 above, that the dog is likely to be used for work in connection with one of the purposes specified in paragraph 6 of Part 1 above.

     3. In accordance with section 6(4) of the Animal Welfare Act 2006 I certify that the conditions in section 6(5) and (6) of the Act are met in relation to the dog presented to me and in relation to which Part 1 above has been completed.

Signature of Veterinary Surgeon:

Name:

Date:

Address of Veterinary Surgeon's Practice:



Part 3 —

confirmation of docking of a dog's tail

(To be completed by the veterinary surgeon having docked the dog's tail)

I confirm that on [date] I docked the tail of the dog in relation to which Parts 1 and 2 of this form have been completed.

Signature of Veterinary Surgeon:

Name:

Date:

Address of Veterinary Surgeon's Practice:



Part 4 —

presentation of dog for identification

(To be completed by person presenting dog for microchipping)

     1. Name and address of person presenting dog for identification:

     2. Relationship to the dog (delete as appropriate):

    — owner of the dog;

    — person authorised to represent the owner of the dog.

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

     4. 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

Date:



Part 5 —

confirmation of microchipping

(To be completed on the date on which dog is microchipped by the veterinary surgeon responsible)

     1. I confirm that I/a veterinary nurse acting under

     2. I am satisfied that the dog presented for microchipping is the one in relation to which Parts 1— 4 of this form were completed.

     3. The microchip was inserted into the dog on: [date].

     4. The microchip reading is [INSERT MICROCHIP READING].

Signature:

Name:

Address of Veterinary Surgeon's Practice:

Date:


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 3(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 requires a veterinary surgeon to certify the fact that he or she has docked a dog's tail. Regulation 5 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 appraisal has been prepared. Copies may be obtained from the Office of the Chief Veterinary Officer, the Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.

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

[3] 1998 c.38.back


Cymraeg (Welsh)


ISBN 978 0 11 091570 8


 © Crown copyright 2007

Prepared 20 April 2007

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URL: http://www.bailii.org/wales/legis/num_reg/2007/20071028e.html