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Statutory Instrument 2004 No. 1397The Horse Passports (England) Regulations 2004(The document as of February, 2008) STATUTORY INSTRUMENTS2004 No. 1397ANIMALS, ENGLANDThe Horse Passports (England) Regulations 2004
The Secretary of State, being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on her by that section, makes the following Regulations: Title, application and commencement 1.These Regulations may be cited as the Horse Passports (England) Regulations 2004; they apply in England, and shall come into force on 10 June 2004. Interpretation 2.In these Regulations -
(b) where there is not a unitary authority -
(ii) in a non-metropolitan county, the council of that county; or (iii) in each London borough, the council of that borough; (c) in the City of London, the Common Council;
(b) in the case of such an identification document issued before the coming into force of these Regulations but which does not contain the pages in Section IX of the passport, that document with the Section IX pages attached in accordance with regulation 9, and "Section IX pages" means those pages;
Organisations authorised to issue passports
(b) organisations that maintain or establish stud-books for registered horses and are recognised by the Secretary of State under regulation 3 of the Horses (Zootechnical Standards) Regulations 1992[4]; (c) organisations recognised in another part of the United Kingdom or another Member State under legislation that implements either -
(ii) Commission Decision 2000/68/EC (amending Commission Decision 93/623/EEC and establishing the identification of equidae for breeding and production[6]); and (d) international associations or organisations that manage or regulate horses for competition or racing and are registered with the Secretary of State to issue passports. (2) The Secretary of State may by notice in writing withdraw authorisation under paragraph (1)(a) or registration under paragraph (1)(d) if she is satisfied on reasonable grounds that an association or organisation is not complying with the provisions of these Regulations.
(b) the passport has not been properly completed or has been falsified in any way. (3) When a passport is returned because a horse has died, the passport-issuing organisation shall mark the passport accordingly but may then return it to the owner if permitted by its rules.
(b) any change of ownership of a horse; and (c) the death of a horse. (2) It shall keep this record until three years after the death of the horse.
(b) be made in writing to a passport-issuing organisation; and (c) be in the format specified by that organisation. (2) No person shall -
(b) apply for a second passport (other than a replacement passport) for a horse. Time limits for obtaining a passport
(b) attaches them to the identification document. (2) Regulation 6 applies to an application for Section IX pages as it applies to an application for a passport.
(b) alter any entry made in Section I of the passport; (c) alter any of the details in Section II or III of the passport unless authorised in writing to do so by a passport-issuing organisation; (d) make an entry in Section IV of the passport except in accordance with the rules and regulations of a passport-issuing organisation, and no person shall alter any entry; (e) alter any details in Section V, VI, VII, VIII or IX of the passport; or (f) change a declaration in section IX that a horse is not intended for slaughter for human consumption (but if the declaration shows that the horse is intended for slaughter for human consumption, an owner may subsequently declare that the horse is not intended for slaughter for human consumption, in which case the horse will not be intended for slaughter for human consumption). (2) No person shall be in possession of a document which falsely purports to be a passport.
(b) where the passport-issuing organisation of issue is not known, to any passport-issuing organisation. (2) The passport-issuing organisation applied to in accordance with paragraph (1) shall issue a replacement passport marked with the word "Duplicate".
(b) move it out of the United Kingdom; or (c) move it on to the premises of a new keeper, unless the horse is accompanied by its passport.
(b) if the passport contains Sections V and VI, record in the appropriate section any vaccine given, and if it contains Section VII, record the results of any laboratory health tests carried out for transmissible diseases; (c) if the passport shows that the horse is intended for slaughter for human consumption, or if the declaration relating to slaughter for human consumption has not yet been completed, complete Part IIIB of Section IX of the passport if the product administered contains a substance not included in Annexes I, II, III or IV to Council Regulation (EEC) No. 2377/90[9] for administration to horses; and (d) if the product contains any substance listed in Annex IV to Council Regulation (EEC) No. 2377/90, indicate on the passport that the horse is not intended for human consumption. (3) In the case of a horse in relation to which a passport has not yet been obtained or is unavailable for any reason, or in relation to which the veterinary surgeon or other person administering the veterinary medicinal product is not satisfied that the horse is the one described in the passport, the veterinary surgeon or other person administering the veterinary medicinal product shall give to the keeper -
(b) if the product administered contains a substance specified in Annex IV to that Council Regulation, written notification to that effect and that the horse may not be slaughtered for human consumption, and the keeper shall give the information to the owner.
(b) if a product containing a substance specified in Annex IV to Council Regulation (EEC) No. 2377/90 has been administered, sign the declaration in the passport that the horse is not intended for slaughter for human consumption. Duties on owners
(b) the name and identification number or alphanumeric code of the horse as entered in Section II of the passport, and shall complete Section I of the passport in accordance with the rules of the passport-issuing organisation.
(b) carry out any inquiries; (c) have access to, and inspect and copy any records (in whatever form they are held) kept under these Regulations; (d) remove such records to enable them to be copied; (e) have access to, inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with the records; and for this purpose 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 and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away; (f) mark any animal or other thing for identification purposes; and (g) take with him -
(ii) any representative of the European Commission properly interested in the administration of these Regulations. (3) No person shall deface, obliterate or remove any mark applied under paragraph (2) except under the written authority of an inspector.
(b) without reasonable cause, fail 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 performance of his functions under these Regulations; (c) furnish to any person acting in the execution of these Regulations any information that he knows to be false or misleading; or (d) fail to produce a record when required to do so to any person acting in the execution of these Regulations. Offences
(b) regulation 6(2) (applying for more than one passport for a horse); (c) regulation 7 (time limits for obtaining a passport); (d) regulation 12(1) (bringing a horse into England); (e) regulation 14(2),14(3), or 14(4) (signing the declaration relating to slaughter for human consumption); (f) regulation 15(1) (alteration of a passport) or 15(2) (possession of a document purporting to be a passport); (g) regulation 16(1) (application for a replacement passport); (h) regulation 17 (restrictions on the use of a horse without a passport); (i) regulation 18 (administration of veterinary medicinal products); (j) regulation 19 (duties on owners); (k) regulation 20 (slaughter for human consumption); (l) regulation 22 (obstruction). (2) 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 -
(b) any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both. (2) A person guilty of any other offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. General instructions I.Passports must contain all instructions needed for their use and the details of the competent authority which issued them. II.Information shown on passports. A.Passports must contain the following information - 1. Section I:
2.Sections II and III:
3. Section IV:
4. Sections V and VI:
5. Section VII:
6. Section IX:
B.Passports may contain the following information -
Maladies dont l'inclusion dans le certificat zoosanitaire joint au passeport doit être envisageé 1.Peste équine - African horse sickness. 2.Stomatite vésiculeuse - vesicular stomatitis. 3.Dourine - dourine. 4.Morve glanders. 5.Encéphalomyelites équines (tous types) - equine encephalomyelitis (all types). 6.Anéamie infectieuse - infectious anaemia. 7.Rage - rabies. 8.Fiévre charbonneuse - anthrax. Exemption for listed New Forest and Dartmoor horses 1. - (1) Where a horse is individually identified in the lists kept by the New Forest Verderers, or Dartmoor Commoners Council, an owner shall not be required to apply for a passport provided that the horse is not moved from the area regulated by one of those bodies, other than temporarily for welfare reasons. (2) In the case of a horse born before the coming into force of these Regulations, this exemption shall only apply if the horse is identified in the lists before 1st July 2004. (3) In the case of a horse born after the coming into force of these Regulations, this exemption shall only apply if the horse is identified in the lists by 31st December of the year of its birth; or by six months after its birth, whichever is the later. Information recorded in a passport 2.If the owner of a horse that has been identified in the lists kept by the New Forest Verderers, or Dartmoor Commoners Council applies for a passport, the passport-issuing organisation shall record in the passport all the information kept in those lists for that horse. Exemption from the prohibition on sale without a passport 3. - (1) Notwithstanding regulation 19, an owner may sell a foal without a passport if the provisions of this paragraph are complied with. (2) The foal must be sold in its year of birth through the Beaulieu Road Pony Sales held in the New Forest at Beaulieu, Brockenhurst, Hampshire SO42 7YQ. (3) The foal must have been born in the crown lands of the New Forest out of a mare which -
(b) in relation to which the marking fees have been paid to the verderers. (4) The owner must provide to the auctioneer at the sale a completed passport application for a passport addressed to the New Forest Pony Breeding and Cattle Society including a silhouette of the horse, and the passport fee charged by that society.
(b) give the photocopy to the buyer; and (c) immediately submit the application form and the fee to the New Forest Pony Breeding and Cattle Society. (6) If the conditions of this paragraph are complied with the buyer may move the foal out of the New Forest using the photocopied application form instead of a passport, but may not sell the horse, slaughter it for human consumption or use it for any of the purposes in regulation 17 until he receives the passport. (This note is not part of the Regulations) These Regulations, which apply in England, implement Council Directive 90/426/EEC (OJ No. L224, 18.8.1990, p. 42), Council Directive 90/427/EEC (OJ No. L224, 18.8.1990, p. 55) and Commission Decisions 92/353/EEC (OJ No. L192,11.7.1992, p. 63), 93/623/EEC (OJ No. L298, 3.12.93, p. 45) and 2000/68/EC (OJ No. L23, 28.1.2000, p. 72). They revoke and replace the Horse Passports (England) Regulations 2003, which in turn revoked and replaced the Horse Passports Order 1997 and the Horse Passports (Amendment) Order 1998. The Regulations specify which organisations are authorised to issue passports and give them powers and duties (regulations 3 to 5), make provision for application and issue of passports (regulations 6 to 11 and Schedule 1) and make provision for horses entering England and for horses entered in the lists of the New Forest Verderers or the Dartmoor Commoners Council (regulations 12 and 13 and Schedule 2). They make requirements concerning the declaration to be made on the passport relating to slaughter for human consumption (regulation 14). They prohibit defacement of passports, make it an offence to possess a false passport and make provision for the replacement of lost passports (regulations 15 and 16) Horses must be accompanied by their passports when used for certain purposes (regulation 17). They impose duties on veterinary surgeons and other persons to mark the passport when they administer veterinary medicines (regulation 18). They make provision relating to the sale of a horse (regulation 19) and relating to the slaughter of a horse (regulation 20). They contain provisions relating to powers of entry and obstruction (regulations 21 and 22). Under regulations 23 and 24 breach of the Regulations is an offence. In the case of failing to comply with regulation 3(3) (issue of a document purporting to be a passport), regulation 18(2)(c), 18(2)(d) or 18(4) (completion of the passport following administration of a veterinary medicinal product) or regulation 20 (slaughter for human consumption) a person is liable -
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both. A person guilty of any other offence is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Notes: [1]S. I. 1972/1811.back [2]1972 c. 68.back [3]S.I. 1994/867 to which there are amendments not relevant to these Regulations.back [4]S. I. 1992/3045.back [5]OJ No. L 192, 11.7.92, p. 63.back [6]OJ No. L23, 28.1.2000, p. 72.back [7]OJ No. L224, 18.9.90, p. 42.back [8]OJ No. L224, 18.8.90, p. 1 as last amended by Commission Regulation (EC) No. 324/2004, OJ No. L58, 26.2.2004, p. 16.back [9]A list of veterinary medicinal products authorised for administration to horses and listing the active substances under the product name is available on the website of the Veterinary Medicines Directorate, www.vmd.gov.ukback [10]S. I. 2003/2780.back ISBN0 11 049412 1 -- Back --
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