Title, commencement and interpretation

1. —(1) This Order may be cited as the Veterinary Surgery (Rectal Ultrasound Scanning of Bovines) Order 2010 and comes into force on 14th September 2010.

(2) In this Order—

“the Act” means the Veterinary Surgeons Act 1966;

“approved course” means—

“doppler rectal transponder” means a rectal ultrasound scanner consisting of an ultrasonic transmitter and receiver, which detects pregnancy by converting a narrow ultrasound beam into distinctive sounds heard through a headset;

“rectal ultrasound scanner” means any equipment (including a doppler rectal transponder) intended to be inserted into the rectum of a bovine to detect whether it is pregnant;

“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs; and

“veterinary surgeon” means a person who is registered in the register of veterinary surgeons or the supplementary veterinary register.

Revocation of the Veterinary Surgery (Rectal Ultrasound Scanning of Bovines) Order 2002

2.The Veterinary Surgery (Rectal Ultrasound Scanning of Bovines) Order 2002( 3 ) is revoked.

Exemption from prohibition on the practice of veterinary surgery for rectal ultrasound scanners (other than doppler rectal transponders)

3. —(1) Section 19(1) of the Act( 4 ) does not prohibit the use of a rectal ultrasound scanner, other than a doppler rectal transponder, for the purpose of detecting whether a bovine is pregnant if the conditions in paragraph (2) and in article 5 are complied with.

(2) The conditions are that the person using the rectal ultrasound scanner is 18 years or older and—

(a) either—

(i) carries out the scan under the direct and continuous personal supervision of a veterinary surgeon as part of an approved course; or

(ii) has successfully completed an approved course;

(b) has not been convicted of any offence in relation to the welfare of animals which is connected with that person’s use of a rectal ultrasound scanner for the purpose of detecting whether a bovine is pregnant or, if that person has been convicted of such an offence, has, since that conviction, successfully completed a further approved course; and

(c) where that person falls within sub-paragraph (a)(ii), in the period of two years immediately following completion of the approved course and in each subsequent two-year period—

(i) carries out at least one scan using a rectal ultrasound scanner, other than a doppler rectal transponder; or

(ii) is declared in writing by a veterinary surgeon, who has personally supervised that person’s use of a rectal ultrasound scanner, other than a doppler rectal transponder, competent to use such a rectal ultrasound scanner for the purpose of detecting whether a bovine is pregnant.

Exemption from the prohibition on the practice of veterinary surgery for doppler rectal transponders

4. —(1) Section 19(1) of the Act does not prohibit the use of a doppler rectal transponder for the purpose of detecting whether a bovine is pregnant if the conditions in paragraph (2) and in article 5(1) are complied with.

(2) The conditions are that the person using the doppler rectal transponder is 18 years or older and—

(a) is the owner of the bovine on which the scanner is being used or is in the employment of the owner; and

(b) is in possession of a letter, signed by a veterinary surgeon ..., stating that the person using the doppler rectal transponder is competent to use a doppler rectal transponder without injury to bovines.

Record keeping

5. —(1) A person who uses a rectal ultrasound scanner for the purpose of detecting whether a bovine is pregnant must record the following information immediately on completion of the scan—

(a) the date on which that person used the scanner;

(b) the address of the premises on which the scanner was used;

(c) the eartag or electronic identification number of the bovine on which that person used the scanner; and

(d) if the scan was supervised by a veterinary surgeon, the name and address of that veterinary surgeon.

(2) A person falling within article 3(2)(a)(i) who has made a record pursuant to paragraph (1) must—

(a) arrange for the veterinary surgeon who supervised the use of the rectal ultrasound scanner to sign the record and state whether they consider the scan has been satisfactorily performed; and

(b) supply a copy of that signed record to the owner, or person in charge, of the bovine to which the record relates.

(3) A person falling within article 3(2)(a)(ii) who has made a record pursuant to paragraph (1) must—

(a) unless that person owns or is in charge of the bovine, supply a copy of that record to the owner or person in charge of the bovine to which the record relates, and

(b) keep the record for three years beginning with the day immediately after the day on which that person used the scanner, and during that period make it available for inspection on request by an official authorised by the Secretary of State.