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2002 No. 764

ANIMALS, ENGLAND

ANIMAL HEALTH

The Sheep and Goats Identification and Movement (Interim Measures) (England) (Amendment) Order 2002

  Made 20th March 2002 
  Coming into force at 2.00 p.m. 21st March 2002 

The Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred on her by section 1 and 8(1) of the Animal Health Act 1981[1] and of all other powers enabling her in that behalf, makes the following Order:

Title, extent and commencement
     1.  - (1) This Order may be cited as the Sheep and Goats Identification and Movement (Interim Measures) (England) (Amendment) Order 2002 and extends to England only.

    (2) This Order shall come into force on 21st March 2002 at 2.00 p.m.

Interpretation
     2. In this Order "the principal Order" means the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002[2].

Amendment of article 2
     3.  - (1) Article 2(1) of the principal Order is amended in accordance with the provisions of this article.

    (2) The words "unless the context otherwise requires-" shall be deleted.

    (3) Before the definition of "collecting centre" there shall be inserted the following - 

      " "assembly centre" means an assembly centre approved by the Minister in accordance with regulation 12(2) of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000[3];".

    (4) In the definition of "collecting centre" after "for the trading of animals" there shall be inserted "and not including an assembly centre".

    (5) After the definition of "sole occupancy group" there shall be inserted the following - 

      " "temporary grazing land" means land to which sheep are moved for a limited period for the purpose of being fed or pastured but which is not part of the holding where the sheep are usually kept;".

Amendment of article 4
     4.  - (1) Article 4 of the principal Order is amended in accordance with the provisions of this article.

    (2) In article 4(1) for "other than a" there shall be substituted "other than an assembly centre,".

    (3) In article 4(2)(f) "and" shall be deleted.

    (4) After article 4(2)(f) there shall be inserted the following - 

        " (ff) in the case of a sheep being moved to an assembly centre, the individual identification number (if more than one, the latest individual identification number applied); and".

    (5) After article 4(5) there shall be inserted the following - 

        " (5A) When a keeper marks a sheep with an X Mark, he shall within 36 hours - 

      (a) where the X Mark is applied at an assembly centre, cross-reference the X Mark and the individual identification number applied at the same time as the X Mark, with the Mark which has been recorded under paragraph (2)(c) and with the individual identification number which has been recorded under paragraph (2)(ff);

      (b) where the X Mark is applied at a holding other than an assembly centre, cross-reference the X Mark and the individual identification number applied at the same time as the X Mark, with the Mark which has been recorded under paragraph (2)(c ).".

Amendment of article 5
     5.  - (1) Article 5 of the principal Order is amended in accordance with the provisions of this article.

    (2) In article 5(1) for "other than a" there shall be substituted "other than an assembly centre,".

    (3) In article 5(2)(f) "and" shall be deleted.

    (4) After article 5(2)(f) there shall be inserted the following - 

        " (ff) in the case of a goat being moved to an assembly centre, the individual identification number (if more than one, the latest individual identification number applied); and".

    (5) After article 5(5) there shall be inserted the following - 

        " (5A) When a keeper marks a goat with an X Mark, he shall within 36 hours - 

      (a) where the X Mark is applied at an assembly centre, cross-reference the X Mark and the individual identification number applied at the same time as the X Mark, with the Mark which has been recorded under paragraph (2)(c) and with the individual identification number which has been recorded under paragraph (2) (ff);

      (b) where the X Mark is applied at a holding other than an assembly centre, cross-reference the X Mark and the individual identification number applied at the same time as the X Mark with the Mark which has been recorded under paragraph (2)(c).".

Amendment of article 6
     6.  - (1) Article 6 of the principal Order is amended in accordance with the provisions of this article.

    (2) For article 6(10) there shall be substituted the following - 

        " (10) A number shall not fail to be an "individual identification number" by reason only that it is not applied to the same eartag as the Origin Mark, S Mark, F Mark, R Mark or X Mark where - 

      (a) the number was applied in part of the British Islands outside England under legislation in force in that part; or

      (b) the number was applied in England before the relevant date.".

    (3) In article 6(11) "either" shall be deleted and after "sale for slaughter" there shall be added "or returns to the holding from temporary grazing land".

Amendment of article 9
     7.  - (1) Article 9 of the principal Order is amended in accordance with the provisions of this article.

    (2) In article 9(2)(i) "or" shall be deleted.

    (3) After article 9(2)(j) there shall be inserted the following - 

      " or

      (k) a sheep is marked with a temporary mark and is returning from temporary grazing land to the holding on which it was kept immediately prior to being moved to the temporary grazing land.".

    (4) After article 9(3) there shall be inserted the following - 

        " (3A)

      (a) A person shall not move an animal to an assembly centre unless the animal is marked in accordance with one or more of the following sub-paragraphs - 

        (i) with an Origin Mark and with an individual identification number;

        (ii) with an S Mark and with an individual identification number;

        (iii) with an F Mark and with an individual identification number;

        (iv) with a mark applied under the Sheep and Goats Order 2000 and with an individual identification number.

      (b) Paragraph (1) shall not apply in respect of an animal which is being moved in accordance with sub-paragraph (a).".

    (5) For article 9(4)(a) there shall be substituted the following - 

        " (4)

      (a) A person shall not move an animal to premises outside Great Britain unless the animal is marked in accordance with one or more of the following sub-paragraphs - 

        (i) with an Origin Mark which includes the letters "UK" and with an individual identification number;

        (ii) with an F Mark which includes the letters "UK" and with an individual identification number; or

        (iii) with an X Mark and an individual identification number which was applied at the same time as the X Mark.".

Amendment of article 12
     8.  - (1) Article 12 of the principal Order is amended in accordance with the provisions of this article.

    (2) In article 12(1)(c) "and" shall be deleted.

    (3) After article 12(1)(d) there shall be inserted - 

      " and

      (e) the individual identification number in respect of an animal which is being moved to an assembly centre.".

    (4) In article 12(2)(c)(iii) and in article 12(3)(c ) "or" shall be deleted.

    (5) After article 12(2)(c)(iv) there shall be inserted the following - 

      " or

        (v) returning from temporary grazing land to the holding on which it was kept immediately prior to being moved to the temporary grazing land.".

    (6) After article 12(3)(d) there shall be inserted the following - 

      " or

      (e) to premises outside Great Britain.".


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

20th March 2002


EXPLANATORY NOTE

(This note does not form part of the Order)


This Order applies only to England. It amends the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002 (S.I. 2002/240) (the principal Order), which for a temporary period until 30th November 2002 imposes requirements relating to the identification, registration and movement of sheep and goats.

Article 3 of this Order concerns the definitions of "assembly centre", "collecting centre" and "temporary grazing land".

Articles 4 and 5 of the principal Order are amended, primarily by requiring an X Mark to be cross referenced in the records kept of sheep or goats.

Article 6 of the principal Order is amended to allow a number applied to a sheep or goat before 11 February 2002 to qualify as "an individual identification number" despite not being applied to the same eartag as a Mark.

Article 9 of the principal Order is amended to allow sheep to return from temporary grazing land when marked with a temporary mark and to impose marking requirements for sheep and goats being moved to an assembly centre or being exported.

Article 12 of the principal Order is amended to require consequential additional entries on the movement document and to exempt animals which are being exported from the need to be accompanied by a movement document.

A regulatory impact assessment has not been made for this Order.

Notes:

 [1] 1981 c. 22. See section 86(1) for the definitions of "the Ministers" and "the Minister". In relation to England, the powers of "the Secretary of State for Scotland and the Secretary of State for Wales" were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999, S.I. 1999/3141.back

[2] S.I. 2002/240.back

[3] S.I. 2000/1673; relevant amendment instrument is 2002/467.back


ISBN 0 11 039776 2


  Prepared 22 April 2002

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