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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/2003/20031726e.html

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STATUTORY INSTRUMENTS


2003 No. 1726 (W.189)

ANIMALS, WALES

PREVENTION OF CRUELTY

The Welfare of Farmed Animals (Wales) (Amendment) Regulations 2003

  Made 9th July 2003 
  Coming into force 14th July 2003 

The National Assembly for Wales, in exercise of the powers conferred by section 2 of the Agriculture (Miscellaneous Provisions) Act 1968[1] and now vested in it[2], and after consultation (in accordance with section 2 of the said 1968 Act) with such persons appearing to it to represent any interests concerned as it has considered appropriate, makes the following Regulations:

Title, application and commencement
     1.  - (1) These Regulations are called the Welfare of Farmed Animals (Wales)(Amendment) Regulations 2003 and apply in relation to Wales.

    (2) These Regulations come into force on 14th July 2003.

Transitional Provisions
    
2.  - (1) The provisions of paragraph 29(2) of Schedule 6 to the Welfare of Farmed Animals (Wales) Regulations 2001[3] as amended by these Regulations apply in relation to holdings newly built, rebuilt or brought into use for the first time on or after 1st January 2003, but in the case of all other holdings these provisions do not apply until 1st January 2005.

    (2) The provisions of paragraphs 13, 37, 38 and 39 of Schedule 6 to those Regulations apply in relation to all holdings newly built, rebuilt or brought into use for the first time on or after 1st January 2003, but in the case of all other holdings these provisions do not apply until 1st January 2013.

Amendments to the Welfare of Farmed Animals (Wales) Regulations 2001
     3.  - (1) The Welfare of Farmed Animals (Wales) Regulations 2001 are amended in accordance with the following provisions of this Regulation:

    (2) In regulation 2 the following paragraph is inserted after paragraph (4):

    (5) Expressions which are not defined in paragraph (1) above and which appear in Council Directives 91/630/EEC[
4] and 2001/88/EC[5] and Commission Directive 2001/93/EC[6] have the same meaning in these Regulations as they have for the purposes of that Community legislation.

    (3) After regulation 8 the following regulation is inserted  - 

    (4) Schedule 6 is substituted by the following Schedule:





Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
8]


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

9th July 2003



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Welfare of Farmed Animals (Wales) Regulations 2001 (S.I. 2001/2682 (W.223)) in order to implement: - 

Council Directive 2001/88/EC amending Directive 91/630/EEC laying down minimum standards for the protection of pigs (OJ No. L 316, 1.12.2001, p.1), and

Commission Directive 2001/93/EC amending Directive 91/630/EEC laying down minimum standards for the protection of pigs (OJ No. L 340, 11.12.1991, p. 33).

All the amendments have been incorporated into a new Schedule 6 inserted by these Regulations which lays down standards for keeping pigs and deals first with standards applicable to all pigs and then with different types of pig in turn (Parts II-VI).

In respect of those holdings that are newly built or rebuilt or brought into use for the first time after 1st January 2003, all the provisions contained in the Regulations will apply.

In respect of those holdings that are already in use on that date, certain provisions will not apply immediately. These are set out in Regulation 2.

The main changes introduced by these Regulations are as follows.

The Regulations introduce a duty on the person who employs or engages persons to care for pigs to ensure that they have received instructions and guidance on these Regulations. This duty is an addition to the duty contained in regulation 10 of the Welfare of Farmed Animals (Wales) Regulations 2001 to ensure that the person attending to the animals is acquainted with the welfare code, has access to a copy and has received instruction and guidance on the codes.

Additional requirements for accommodation are introduced by paragraph 6 of part II.

Paragraph 8 of Part II changes the requirement for lighting. This should be read in conjunction with paragraph 16 of Schedule 1 to the Welfare of Farmed Animals (Wales) Regulations 2001 and with the welfare code.

The Regulations introduce maximum widths of openings and minimum slat widths for concrete slatted floors. This provision will not apply to existing holdings until 2013.

The Regulations introduce more detailed provisions relating to environmental enrichment for pigs.

A prohibition on constant or sudden noise or noise above 85dBA is introduced.

Paragraphs 20-26 of Part II introduce more detailed provisions relating to surgical interventions such as tail docking and tooth clipping.

Boar pens used for natural service must have a minimum unobstructed floor area of 10m2. This provision will not apply to existing holdings until 2005.

The Regulations introduce a requirement for sows and gilts to be group housed.

Paragraphs 37-39 of Part IV introduce requirements for floor areas for sows and gilts. These provisions will not apply to existing holdings until 2013.

The Regulations increase the minimum weaning age for piglets from 21 to 28 days except for those using all-in-all-out production systems.

A regulatory appraisal has been prepared and is available on the National Assembly for Wales web-site -
www.wales.gov.uk. Copies can be obtained from the Welsh Assembly Government, Animal Health Division, Crown Buildings, Cathays Park, Cardiff, CF10 3NQ.


Notes:

[1] 1968 c.34.back

[2] By virtue of the National Assembly for Wales (Transfetr of Functions) Order 1999 S.I. 1999/672).back

[3] S.I. 2001/2682 (W.223), as amended by S.I. 2002/1898 (W.199).back

[4] OJ No. L 340, 11.12.1991, p.33.back

[5] OJ No. L 316, 1.12.2001, p.1.back

[6] OJ No. L 316, 1.12.2001, p.36.back

[7] 1954 c.46.back

[8] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11090754 X


 
© Crown copyright 2003
Prepared 17 July 2003


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URL: http://www.bailii.org/wales/legis/num_reg/2003/20031726e.html