Licensing of Bulls (Scotland) Regulations, 1952

Publication Date:January 01, 1952
 
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1952No. 1046 (S. 49)

IMPROVEMENT OF LIVESTOCK

The Licensing of Bulls (Scotland) Regulations, 1952

23rdMay1952

26thMay1952

1stJune1952

In exercise of the powers conferred on me by section 11 of the Improvement of Live Stock (Licensing of Bulls) Act, 1931(b), as read along with section 6 of the Agriculture (Miscellaneous Provisions) Act, 1944(c), and of all other powers enabling me in that behalf, I hereby make the following regulations:—

Short title and commencement

1. These regulations may be cited as the Licensing of Bulls (Scotland) Regulations, 1952, and shall come into operation on the 1st day of June, 1952.

(a) S.I. 1950/1126; 1950 I, p. 177.

(b) 21 & 22 Geo. 5. c. 43.

(c) 7 & 8 Geo. 6. c. 28.

Interpretation

2.—(1) In these regulations, unless the context otherwise requires, the following expressions have the respective meanings hereby assigned to them:—

"the Act" means the Improvement of Live Stock (Licensing of Bulls) Act, 1931, as read along with section 6 of the Agriculture (Miscellaneous Provisions) Act, 1944;

"calf" includes multiple births;

"the inspecting officer" means any person employed for the time being by the Secretary of State for the purposes of the Act;

"lactation period" means a natural lactation period occurring in consequence of the birth of a calf;

"official milk and butter-fat record" means a record of milk and butter-fat production kept in accordance with the rules of any milk records association, society or other body which may from time to time be approved by the Secretary of State for the purpose of these regulations.

(2) The Interpretation Act, 1889(a), applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.

Prescribed age of bulls

3. For the purposes of the Act the prescribed age shall be ten months.

Approved breeding society

4. For the purposes of the Act in relation to these regulations, an approved breeding society means one of the cattle breeding societies named in the First or Second Part of the First Schedule to these regulations.

Applications for licences or permits

5.—(a) An application for a licence to keep a bull shall be made in the form set out in Form 1 in the Second Schedule to these regulations or in a form to the like effect.

(b) An application for a permit to keep a bull shall be made in the form set out in Form 3 in the said Second Schedule or in a form to the like effect.

Time for making applications

6. An application, other than an application under regulations 10 or 11 hereof, for a licence or permit in respect of a bull shall be made not later than twenty-eight days before the bull attains the prescribed age. In the case of a bull which is imported or brought into Scotland and which at the date of entry into Scotland has attained the prescribed age, such application shall be made within fourteen days after that date.

Inspection and marking of bulls

7.—(a) The owner of a bull in respect of which application for a licence or permit has been made, or any other person having such a bull in his possession or custody, shall provide all reasonable facilities and assistance for the inspection and marking of the bull by the inspecting officer:

Provided that a bull that has been previously inspected by the inspecting officer for any other purpose may, if the Secretary of State thinks fit, be exempted from the inspection prescribed by this regulation.

(b) When the Secretary of State decides to grant a licence in respect of a bull the inspecting officer shall mark the bull on the right ear or, if that is impracticable, on some other appropriate part of the body with a design consisting of a thistle and the said design may be used in conjunction with letters or numbers or both.

(a) 52 & 53 Vict. c. 63.

(c) When the Secretary of State decides to refuse or revoke a licence or to grant an application for a permit in respect of a bull the inspecting officer shall mark the bull on the left ear or, if that is impracticable, on some other appropriate part of the body with the letter "R". The said mark may be used in conjunction with other letters or numbers or both.

(d) When the inspecting officer deems it advisable or expedient so to do he may, immediately on completion of his examination of a bull and without awaiting the decision of the Secretary of State, mark the bull in manner provided for in paragraphs (b) and (c) of this regulation:

Provided that in a case where the inspecting officer is of opinion that a licence should be refused or revoked and the bull is otherwise readily identifiable the inspecting officer shall not mark the bull, but where in his opinion the bull is not otherwise readily identifiable he may mark the bull with letters or numbers or both in manner provided in paragraph (b) hereof, but not with the thistle design.

Form of licences and permits

8.—(a) A licence shall be in such one of the Forms 4, 5, 6 and 7 set out in the Second Schedule to these regulations as the Secretary of State shall deem to be appropriate in accordance with the provisions of regulation 9 hereof.

(b) A permit shall be in the form set out in Form 8 in the said Second Schedule.

Appropriate form of licence

9. When the Secretary of State decides to grant a licence in respect of a bull in terms of the Act the form of licence to be used shall be:

(a) in the case of a bull which is registered or eligible for registration as a pedigree bull with any approved beef cattle breeding society specified in the First Part of the First Schedule to these regulations, the form set out in Form 4 in the Second Schedule to these regulations, that is to say, a Beef Bull Licence;

(b) in the case of a bull in respect of which the conditions specified in the Third Schedule to these regulations are satisfied, the form set out in Form 5 in the said Second Schedule, that is to say, a Dairy Bull Licence (A);

(c) in the case of a bull which is not eligible for a licence in the form specified in paragraph (b) of this regulation but which conforms to the standard of type laid down for pedigree bulls of that type by any approved dairy cattle breeding society specified in the Second Part of the said First Schedule, the form set out in Form 6 in the said Second Schedule, that is to say, a Dairy Bull Licence (B);

(d) in the case of a bull which is not eligible for a licence in any of the forms specified in the preceding paragraphs of this regulation but in respect of which the Secretary of State is satisfied that he should grant a licence in exercise of his powers under the Act, the form set out in Form 7 in the said Second Schedule, that is to say, a Bull Licence (General).

Existing licences and permits

10.—(a) A licence or permit granted before the coming into operation of these regulations, if in force at the coming into operation thereof, shall remain in force until the occurrence of one of the events specified in subsection (5) of section 3 of the Act.

(b) The owner of a bull in respect of which there is in force a licence granted before 1st June, 1950, may make application in the form set out in Form 2 in the Second Schedule to these regulations or in a form to the like effect for either a Beef Bull Licence or a Dairy Bull Licence (A) in respect of the said bull in accordance with the provisions of paragraph (a) and paragraph (b) respectively of regulation 9 hereof.

Change of licence

11. In the case of a bull in respect of which a Dairy Bull Licence (B) or a Bull Licence (General) has been granted in accordance with paragraph (c) or (d) of regulation 9 hereof, the owner may apply in the form set out in Form 2 in the Second Schedule to these regulations or in a form to the like effect for a Dairy Bull Licence (A) or a Beef Bull Licence, provided he can furnish evidence

(a) if the application is for a Dairy Bull Licence (A), that the bull is a bull in respect of which the conditions specified in the Third Schedule to these regulations are satisfied;

(b) if the application is for a Beef Bull Licence, that the bull is a bull in respect of which the conditions specified in paragraph (a) of regulation 9 are satisfied.

Duplicates of licences or permits

12. Where a licence or permit granted in respect of a bull has been lost or destroyed the owner of the bull may apply in the form set out in Form 9 in the Second Schedule to these regulations or in a form to the like effect for a duplicate of the licence or permit.

Change of place at which bulls under permit may be kept

13. Where in terms of a permit the bull to which the permit relates requires to be kept in a place specified in the permit, the owner of the bull may make application in the form set out in Form 10 in the Second Schedule to these regulations or in a form to the like effect, for another place to be substituted in the permit as the place where the bull requires to be kept.

Application for a referee's inspection

14. If the Secretary of State

(a) refuses to grant a licence in respect of a bull, or

(b) revokes a licence in respect of a bull on any ground other than that a condition of the licence has been contravened or not complied with, or

(c) serves a notice of suspension,

the applicant for or holder of the licence, as the case may be, may, by application in manner hereinafter mentioned, require within fourteen days from the date of the notification from the Secretary of State of the refusal or revocation of the licence, or of the service of the notice, as the case may be, that the bull be inspected by a referee. Any such application shall be made in the form set out in Form 11 in the Second Schedule to these regulations or in a form to the like effect.

On receipt of the referee's report the Secretary of State shall give notice to the applicant in writing of the result of his application.

Fees

15.—(a) The fees payable for a licence or permit or for a duplicate thereof or for a referee's inspection shall be

(1) in the case of a licence or permit—5s.

Provided that if the...

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