animals, england PART 1 Introduction Title, application and commencement 1 These Regulations may be cited as the Cattle Identification Regulations 2007; they apply in England and come into force on 6th April 2007. Interpretation 2 1 In these Regulations— “cattle” means bovine animals, including bison and buffalo; “cattle passport” means— a cattle passport issued in England under regulation 6 of, and schedule 3 to, these Regulations or the equivalent measures in Wales or Scotland; a cattle passport issued under the Cattle Passports Order 1996 ; or a movement document issued under the Cattle (Identification of Older Animals) (England) Regulations 2000 or the equivalent measure in Scotland, Wales or Northern Ireland; “ Commission Regulation (EC) No 494/98 ” means Commission Regulation (EC) No 494/98 laying down detailed rules for the implementation of Council Regulation (EC) No 820/97 as regards the application of minimum administrative sanctions in the framework of the system for the identification and registration of bovine animals; “holding” means any establishment, construction or, in the case of an open-air farm, any place in which cattle are held, kept or handled; “inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Secretary of State or a local authority; “keeper” means any person responsible for animals, whether on a permanent or temporary basis, including during transportation or at a market; “local authority” means— where there is only one principal council, that council; in the City of London and in all London boroughs in relation to imported animals, the Common Council; otherwise the county council. “previous cattle tagging legislation” means— the Cattle Identification Regulations 1998 ; the Bovine Animals (Records, Identification and Movement) Order 1995 ; the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 ; the Tuberculosis (England and Wales) Order 1984 ; and the Tuberculosis (Scotland) Order 1984 ; “Regulation ( EC ) No. 1760/2000 ” means Regulation (EC) No. 1760/2000 of the European Parliament and of the Council (establishing a system for the identification and registration of bovine animals and regarding the labelling of beef products and repealing Council Regulation (EC) No. 820/97 ); “valid”, in relation to a cattle passport, means a cattle passport that has been correctly completed and signed in the appropriate place by each keeper of the animal and where the identification number and description of the animal in the passport correlate to the ear tags and the animal. 2 Any approval, authorisation, licence, notice or registration issued under— a these Regulations, b Regulation (EC) No. 1760/2000 ; c Commission Regulation (EC) No. 911/2004 (implementing Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards ear tags, passports and holding registers ); or d Commission Regulation (EC) No. 644/2005 (authorising a special identification system for bovine animals kept for cultural and historical purposes on approved premises as provided for in Regulation (EC) No. 1760/2000 of the European Parliament and of the Council ), must be in writing, may be made subject to conditions and may be amended or revoked by notice in writing at any time. PART 2 Notification of holding Notification of holdings 3 1 An occupier of a holding who begins to keep cattle on that holding, and any person who takes over the occupation of a holding where cattle are kept, must notify the Secretary of State within one month of— a his name and address; and b the address of the holding. 2 When he receives notification under paragraph (1) the Secretary of State must issue a herdmark for each holding. 3 The occupier must notify the Secretary of State of any change to the information in paragraph (1) within one month. 4 Any person who fails to comply with paragraph (1) or (3) is guilty of an offence. PART 3 Identification and registration of cattle Ear tags 4 Schedule 1 (ear tags) has effect. Registration of cattle 5 Schedule 2 (registration of cattle) has effect. Cattle passports 6 Schedule 3 (cattle passports) has effect. Notification of movements or death 7 Schedule 4 (notification of movements or death) has effect. Records 8 Schedule 5 (records) has effect. PART 4 General Charging for information 9 The Secretary of State may make a reasonable charge for providing information that is stored in the database required by Article 5 of Regulation (EC) No. 1760/2000 and provided in accordance with the second paragraph of Article 3 of that Regulation. Powers of inspectors 10 1 An inspector may, on producing a duly authenticated document showing his authority, if required, at all reasonable hours enter any land or premises for the purposes of ascertaining whether there is or has been any contravention of— a these Regulations; b Title I of Regulation (EC) No. 1760/2000 ; c Commission Regulation (EC) No 494/98 ; d Commission Regulation (EC) No. 509/1999 (concerning an extension of the maximum period laid down for the application of ear tags to bison ); e Commission Regulation (EC) No. 911/2004 ; and f Commission Regulation (EC) No. 644/2005 , and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft. 2 The power to enter premises— a only includes a power to enter domestic premises if they are being used in connection with the provisions in paragraph (1) ; and b includes a power to enter premises by reasonable force if need be 3 An inspector may carry out any actions necessary for the enforcement of the provisions in paragraph (1), and in particular may— a collect, pen and inspect any cattle, and may require the keeper to arrange for the collection, penning and securing of cattle; b take samples; c examine any records in whatever form, and take copies of those records; d remove and retain any records or documents (including passports) relating to these Regulations; e have access to, and inspect and check the operation of, any computer and any associated apparatus or material that is or has been used in connection with records, and may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require; f where records are kept by means of a computer, require the records to be produced in a form in which they may be taken away; g require production of any unused ear tags and record their numbers; and h take with him any person he considers necessary. Powers to restrict movements 11 In accordance with Article 22(2) of Regulation (EC) No. 1760/2000 , an officer of the Secretary of State may serve a notice on a keeper of animals on a holding restricting the movement of cattle to or from the holding if he is satisfied that this is necessary for the proper enforcement of that Regulation, these Regulations, Commission Regulation (EC) No. 494/98 , No. 509/1999, No. 911/2004 or No. 644/2005, and any person who fails to comply with that notice is guilty of an offence. Slaughter of unmarked animals 12 The Secretary of State is ... the competent authority for the purposes of Article 1(2) of Commission Regulation (EC) No. 494/98 and Article 22(2)(d) of Regulation (EC) No 1760/2000 . Obstruction etc. 13 1 A person who— a obstructs any person acting in the execution of these Regulations; b without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information that that person may reasonably require of him for the purposes of his functions; c furnishes to any person acting in the execution of these Regulations any information that he knows to be false or misleading; or d fails to produce a passport, document or record when required to do so to any person acting under these Regulations, is guilty of an offence. 2 Any person who provides false information in any notification made under these Regulations is guilty of an offence. Offences by bodies corporate 14 1 Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of— a any director, manager, secretary or other similar officer of the body corporate; or b any person who was purporting to act in any such capacity, he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly. 2 In this regulation “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate. Penalties 15 A person guilty of an offence under these Regulations is liable— a on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both; b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both. Enforcement 16 1 These Regulations are enforced by the local authority. 2 The Secretary of State may direct in any particular case or class of case that he will enforce them instead. 3 Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations. Revocations 17 The following are revoked in England— a the Bovine Animals (Records, Identification and Movement) Order 1995 ; b the Cattle Identification Regulations 1998 ; c the Cattle Database Regulations 1998 ; d the Cattle Identification (Amendment) Regulations 1998 ; e the Cattle Identification (Amendment) Regulations 1999 ; f the Cattle (Identification of Older Animals) Regulations 2000 ; g the Cattle Database (Amendment) (England) Regulations 2002 ; h the Cattle (Identification of Older Animals) (Amendment) Regulations 2002 ; i the Cattle Identification (Amendment) Regulations 2006 ; and j the Cattle Database (Amendment) Regulations 2006 . Review 18 1 The Secretary of State must from time to time— a carry out a review of these Regulations; b set out the conclusions of the review in a report; and c publish the report. 2 In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Regulation ( EC ) No 1760/2000 is implemented in other member States. 3 The report must in particular— a set out the objectives intended to be achieved by the regulatory system established by these Regulations; b assess the extent to which those objectives are achieved; and c assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation. 4 The first report under this regulation must be published before the end of the period of five years beginning with 6th April 2013. 5 Reports under this regulation are afterwards to be published at intervals not exceeding five years. Ben Bradshaw Minister of State Department for Environment, Food and Rural Affairs We consent Kevin Brennan Alan Campbell Two of the Lords Commissioners of Her Majesty’s Treasury