Title, application and commencement

1. This Order—

(a) may be cited as the Sheep and Goats (Records, Identification and Movement) (England) (Amendment) Order 2006;

(b) applies in England; and

(c) comes into force on 11th December 2006.

Amendment of the Sheep and Goats (Records, Identification and Movement) (England) Order 2005

2. —(1)The Sheep and Goats (Records, Identification and Movement) (England) Order 2005( 2 ) is amended as follows.

(2) In article 8 (identification for animals moved to another member State from the holding of birth or holding of import), for paragraph (2) substitute—

“ (2) The second means of identification shall bear an identification code identical to that applied to the first means of identification under article 6(3), in the case of an animal born in England, or article 10(3), in the case of an animal imported from a third country. ” .

(3) In article 13 (replacement of the means of identification with a different code), after paragraph (2) insert—

“ (2A) The keeper must apply the eartag required by paragraph (1) or (2) as soon as possible after the identification was discovered to be illegible or lost, but in any event—

(a) no later than 28 days after it was discovered to be illegible or lost, and

(b) before the animal is moved from the holding. ” .

(4) In article 23 (removal or replacement of eartags)—

(a) in paragraphs (3) to (5), omit the words from “as soon as possible” to the end;

(b) after paragraph (5), insert—

“ (5A) The keeper must attach the eartag required by paragraph (3), (4) or (5) as soon as possible after the original eartag was removed, or discovered to be lost or illegible, but in any event—

(a) no later than 28 days after it was removed, or discovered to be lost or illegible, and

(b) before the animal is moved from the holding. ” .

(5) In article 24 (removal or replacement of eartags and tattoos applied under previous Orders)—

(a) in paragraph (3), omit the words from “as soon as possible” to the end;

(b) after paragraph (6) insert—

“ (6A) The keeper must attach or apply the eartag or tattoo required by paragraph (3), (4), (5) or (6) as soon as possible after the original eartag was removed, or discovered to be lost or illegible, but in any event—

(a) no later than 28 days after it was removed, or discovered to be lost or illegible, and

(b) before the animal is moved from the holding. ” .

(6) In paragraph (2) of article 25 (replacement of eartags lost at markets)—

(a) omit “as soon as possible and in any event before the animal is moved from his holding”;

(b) omit “or” immediately preceding sub-paragraph (d);

(c) at the end, insert—

“ ; and

(e) he must attach or apply the replacement eartag or tattoo as soon as possible after the original eartag or tattoo was removed, or discovered to be lost or illegible, but in any event—

(i) no later than 28 days after it was removed, or discovered to be lost or illegible, and

(ii) before the animal is moved from his holding. ” .

(7) In Part 9 (miscellaneous), before article 35 (enforcement), insert—

“ Powers of inspectors

34A. —(1) An inspector may, for any purpose relating to the enforcement of this Order—

(a) collect, pen and mark any animal and require a keeper to arrange for the collection, penning, marking and securing of any animal;

(b) require the keeper to produce or copy any document or record;

(c) remove and retain any document or record;

(d) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with records;

(e) where a record is kept by means of a computer, require the record to be produced in a form which may be taken away;

(f) require the production of any unused eartags, and record their numbers;

(g) take with him a representative of the European Commission acting for the purposes of Article 12 of the Council Regulation, or any other people or things he considers necessary.

(2) A person required to do anything by an inspector acting under paragraph (1) shall, unless he has reasonable cause, do so without delay.

Power to prohibit movement of animals

34B. —(1) An inspector may, by serving notice on a keeper, prohibit the movement of a flock of sheep to or from the holding specified in the notice, if he is satisfied that the prohibition is necessary for the proper enforcement of this Order in relation to that flock.

(2) An inspector may, by serving notice on a keeper, prohibit the movement of a herd of goats to or from the holding specified in the notice, if he is satisfied that the prohibition is necessary for the proper enforcement of this Order in relation to that herd.

(3) A notice served under this article may be amended or revoked by further notice at any time.

(4) A person required to do anything by a notice served by an inspector under this article shall, unless he has reasonable cause, do so without delay.

False information

34C. No person shall furnish information which he knows to be false or misleading to a person acting under this Order.

Offences by bodies corporate

34D. —(1) If an offence against the Act committed by a body corporate is shown—

(a) to have been committed with the consent or connivance of an officer; or

(b) to be attributable to any neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.

(3) “Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity. ” .

(8) In paragraph 6 of Schedule 1 (movement from the holding of identification), for sub-paragraph (3) substitute—

“ (3) When an animal is consigned from the holding of identification to another member State, the keeper must attach a second identification tag to the animal with a code identical to the first and enter the code on the identification tags in his register and in the movement document. ” .

(9) In paragraph 16 of Schedule 1 (movements to another member State through an assembly centre)—

(i) in sub-paragraph (3), after “must” insert “attach a second eartag or an electronic transponder to the animal bearing its individual identification code, and”;

(ii) in that sub-paragraph, for “number” substitute “code”;

(iii) for sub-paragraph (6), substitute—

“ (6) Sub-paragraph (5)(a) applies only in relation to animals which were moved from the holding referred to in sub-paragraph (3) before the coming into force of the Sheep and Goats (Records, Identification and Movement) (England) (Amendment) Order 2006. ” .

(10) In paragraph 17 of Schedule 1 (movements to another member State other than through an assembly centre)—

(i) in sub-paragraph (3), omit “Subject to sub-paragraph (4),”;

(ii) omit sub-paragraph (4).

(11) For the form in Schedule 3, substitute the form in the Schedule to this Order.

Article 2(11)

SCHEDULE