Statutory Instruments

2010 No. 2059

Veterinary Surgeons

The Veterinary Surgery (Artificial Insemination) Order 2010

Made

12th August 2010

Laid before Parliament

18th August 2010

Coming into force

14th September 2010

The Secretary of State for Environment, Food and Rural Affairs, the Secretary of State for Scotland, the Secretary of State for Wales and the Minister of Agriculture and Rural Development for Northern Ireland acting jointly, in exercise of the powers conferred by section 19(4)(e) and (6) of the Veterinary Surgeons Act 1966( 1 ), and now vested in them( 2 ), and after consultation with the Council of the Royal College of Veterinary Surgeons, make the following Order.

Title, application, commencement and interpretation

1. —(1) This Order—

(a) may be cited as the Veterinary Surgery (Artificial Insemination) Order 2010;

(b) applies in the United Kingdom save for article 3 which applies in Great Britain only; and

(2) In this Order—

“the Act” means the Veterinary Surgeons Act 1966;

“cow” means a cow of the bovine species, including bison and buffalo; and

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

Revocations

2.The Veterinary Surgery (Artificial Insemination) Order 2007( 3 ), the Veterinary Surgery (Artificial Insemination) (Amendment) Order 2007( 4 ) and the Veterinary Surgery (Artificial Insemination) (Amendment) Order 2009( 5 ) are revoked.

Exemption from prohibition on the practice of veterinary surgery for artificial insemination of cows

3. —(1) Section 19(1) of the Act( 6 ) does not prohibit the artificial insemination of a cow if the conditions in paragraph (2) are complied with.

(2) The conditions are that the person carrying out the artificial insemination—

(a) is 16 years or older;

(b) has never been convicted of an offence relating to the welfare of animals; and

(i) carries out that artificial insemination as part of an approved course;

(ii) has successfully completed an approved course; or

(iii) was, immediately before the coming into force of this Order, a qualified inseminator by virtue of paragraph (b) of the definition of “qualified inseminator” in article 3(2) of the Veterinary Surgery (Artificial Insemination) Order 2007; ...

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this article “approved course” means—

(a) a training course in the artificial insemination of cows that—

(i) has been approved before 22nd May 2007 by the Secretary of State, the Department of Agriculture and Rural Development, the Scottish Ministers or the National Assembly for Wales or, before its winding up, by the Agricultural Training Board( 7 ); or

(ii) is approved for the time being by the Secretary of State or the Department of Agriculture and Rural Development, after consultation with the Royal College of Veterinary Surgeons; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption from prohibition on the practice of veterinary surgery for artificial insemination of mares

4. —(1) Section 19(1) of the Act does not prohibit the artificial insemination of a mare if the conditions in paragraph (2) are complied with.

(2) The conditions are that the person carrying out the artificial insemination is 18 years or older, and either—

(a) carries out that artificial insemination under the direct and continuous supervision of a veterinary surgeon as part of an approved course; or

(b) has successfully completed an approved course and in each two-year period starting on the date on which that person successfully completed that approved course—

(i) has carried out at least five artificial inseminations of mares; or

(ii) is declared in writing by a veterinary surgeon, who has personally supervised that person’s artificial insemination of a mare, competent to carry out artificial insemination of mares.

(3) In this article “approved course” means—

(a) a training course in the artificial insemination of mares that is approved for the time being by the Secretary of State after consultation with the Royal College of Veterinary Surgeons; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jim Paice

Minister of State

Department for Environment, Food and Rural Affairs

David Mundell

Parliamentary Under Secretary of State

Scotland Office

David Jones

Parliamentary Under Secretary of State

Wales Office

Norman Fulton

A senior officer of the

Department of Agriculture and Rural Development

( 1 )

1966 c. 36 . “The Ministers” is defined in section 27(1) of the Act (as amended by paragraph 1 of Schedule 5 to the Transfer of Functions (Wales) (No.1) Order 1978 ( S.I. 1978/272 )) as “the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales and the Minister of Agriculture for Northern Ireland acting jointly”.

( 2 )

The functions of the Minister of Agriculture, Fisheries and Food in section 19 of the Veterinary Surgeons Act 1966 were transferred to the Secretary of State for Environment, Food and Rural Affairs by article 3(1) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 ( S.I. 2002/794 ). By virtue of section 95(5) of, and paragraph 10 of Schedule 12 to, the Northern Ireland Act 1998 (c. 47) the reference in the Veterinary Surgeons Act 1966 to the Minister of Agriculture for Northern Ireland is to be construed as a reference to the Northern Ireland department which exercises that function or to the Northern Ireland Minister in charge of that department. The Department of Agriculture for Northern Ireland was renamed the Department of Agriculture and Rural Development by Article 3(4) of the Departments (Northern Ireland) Order 1999 ( S.I. 1999/283 (N.I. 1) ).

( 3 )

S.I. 2007/1315 .

( 4 )

S.I. 2007/1767 .

( 5 )

S.I. 2009/2769 .

( 6 )

Section 19(1) of the Act was amended by the Magistrates’ Courts Act 1980 (c. 43) , section 32(2).

( 7 )

The Agricultural Training Board (“the Board”) was established by the Industrial Training (Agricultural, Horticultural and Forestry Board) Order 1966 ( S.I. 1966/969 ). The Agricultural Training Board Act 1982 (c. 9) (“the 1982 Act”) listed the approval of courses provided by other persons as a function of the Board. The Board was wound up by the Agricultural Training Board (Revocation) Order 1994 ( S.I. 1994/555 ), which lapsed on the repeal of the 1982 Act by the Statute Law (Repeals) Act 2004 (c. 14) .

footnote	commentary	insert/omit
F1	Words in art. 1(2) omitted (31.12.2020) by virtue of The Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/457) , regs. 1(1) , 8(2) ; 2020 c. 1 , Sch. 5 para. 1(1)	omitted
F2	Word in art. 3(2)(c)(ii) inserted (31.12.2020) by The Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/457) , regs. 1(1) , 8(3)(a)(i) ; 2020 c. 1 , Sch. 5 para. 1(1)	inserted
F3	Art. 3(2)(c)(iv) and word omitted (31.12.2020) by virtue of The Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/457) , regs. 1(1) , 8(3)(a)(ii) ; 2020 c. 1 , Sch. 5 para. 1(1)	omitted
F4	Art. 3(3)(b) and word omitted (31.12.2020) by virtue of The Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/457) , regs. 1(1) , 8(3)(b) ; 2020 c. 1 , Sch. 5 para. 1(1)	omitted
F5	Art. 4(3)(b) and word omitted (31.12.2020) by virtue of The Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/457) , regs. 1(1) , 8(4) ; 2020 c. 1 , Sch. 5 para. 1(1)	omitted
I1	Art. 1 in force at 14.9.2010, see art. 1(1)(c)
I2	Art. 2 in force at 14.9.2010, see art. 1(1)(c)
I3	Art. 3 in force at 14.9.2010, see art. 1(1)(c)
I4	Art. 4 in force at 14.9.2010, see art. 1(1)(c)

Defined Term	Section/Article	ID
approved course	art. 3.	approved_c_rtlZm5o
approved course	art. 4.	approved_c_rth3WkG
cow	art. 1.	cow_rtWH3P3
qualified inseminator	art. 3.	qualified__rtN52cn
the Act	art. 1.	the_Act_rtKKfsV
veterinary surgeon	art. 1.	veterinary_rtyq4Rh

Sort descending by Changed Legislation	Sort descending by Year and Number	Changed Provision	Type of effect	Sort descending by Affecting Legislation Title	Sort descending by Year and Number	Affecting Provision	Sort descending by Changes made to website text
Changes that affect				Made by
The Veterinary Surgery (Artificial Insemination) Order 2010	2010 No. 2059	art. 1	coming into force	The Veterinary Surgery (Artificial Insemination) Order 2010	2010 No. 2059	art. 1(1)(c)	Yes
The Veterinary Surgery (Artificial Insemination) Order 2010	2010 No. 2059	art. 2	coming into force	The Veterinary Surgery (Artificial Insemination) Order 2010	2010 No. 2059	art. 1(1)(c)	Yes
The Veterinary Surgery (Artificial Insemination) Order 2010	2010 No. 2059	art. 3	coming into force	The Veterinary Surgery (Artificial Insemination) Order 2010	2010 No. 2059	art. 1(1)(c)	Yes
The Veterinary Surgery (Artificial Insemination) Order 2010	2010 No. 2059	art. 4	coming into force	The Veterinary Surgery (Artificial Insemination) Order 2010	2010 No. 2059	art. 1(1)(c)	Yes