
1 
These Regulations may be cited as the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2007 and shall come into force on the day after the day on which they are made.
2 
In these Regulations–
 “agricultural land” means land used for agriculture (within the meaning of the Agriculture (Scotland) Act 1948) which is so used for the purposes of a trade or business;
 “bovine animal” means any animal of genera Bos, Bison or Bubalus;
 “deer park” means an area enclosed by a deer-proof barrier where deer of any species are kept for public display;
 “disbudding” means the removal of the horn bud;
 “dock” means the amputation of one or more coccygeal vertebrae of the tail of an animal;
 “domestic fowl” means a domesticated member of the species Gallus gallus;
 “dubbing” means the removal of all or part of the comb of a bird;
 “equine animal” means any animal of genus Equus including hybrids;
 “exempted procedure” means a procedure which is specified in Schedules 1 to 12 to these Regulations in relation to the particular type of protected animal on which the procedure is performed;
 “farmed deer” means deer of any species which are kept on agricultural land enclosed by a deer proof barrier or on a deer park;
 “farmed pig” means a pig kept, fattened or bred for the production of food;
 “farmed sheep” means a sheep kept, fattened or bred for the production of food or wool;
 “laying hen” means a domestic fowl which is kept or to be kept for the production of eggs not intended for hatching;
 “pinioning” means the disabling of the wing of a bird by the removal of the metacarpal bone and phalanges of one wing;
 “poultry” means any bird reared or kept in captivity for the production of meat or eggs for consumption, or of other products, for restocking supplies of game or for the purpose of any breeding programme for the production of such categories of birds;
 “specified condition” means a condition specified in Schedules 1 to 12 to these Regulations in relation to the performance of the exempted procedure on the type of animal concerned;
 “specified purpose” means a purpose specified in Schedules 1 to 12 to these Regulations for which the exempted procedure may be performed on the type of animal concerned; and
 “veterinary surgeon” means any person who is qualified to carry out acts of veterinary surgery as defined by the Veterinary Surgeons Act 1966.
3 
Section 20 of the Animal Health and Welfare (Scotland) Act 2006 does not apply where–
(a) the procedure is an exempted procedure carried out for a specified purpose;
(b) any specified condition is complied with; and
(c) the procedure is carried out in accordance with good practice.
4 

(1) The Scottish Ministers may authorise any person to hot brand equine animals subject to such conditions as they consider appropriate and may vary or revoke such authorisation as they see fit.
(2) An application for authorisation must specify–
(a) the name and address of the applicant and all persons for whom an authorisation to carry out the hot branding of equine animals is sought;
(b) details of where, when and for what purpose the identification of equine animals by hot branding is to be carried out; and
(c) details of the numbers and types of equine animals to be hot branded.
(3) Any decision to refuse or revoke an authorisation, or to apply or vary conditions attached to an authorisation, shall be communicated by the Scottish Ministers to the applicant in writing, giving the reasons for such refusal, revocation, condition or variation together with details of the right of the applicant to have that decision reviewed by persons appointed by the Scottish Ministers in accordance with regulation 5.
5 

(1) An applicant who has had their application for authorisation refused, or their authorisation revoked or subjected to any condition or variation may, within 21 days of notification by the Scottish Ministers of that decision, apply to the Scottish Ministers to have that decision reviewed.
(2) Where an application is made under paragraph (1) the Scottish Ministers shall appoint such persons (who may include members of the staff of the Scottish Administration) as they consider appropriate to review the decision.
(3) The persons appointed to review the decision may conduct the review in such form and manner, including considering representations by both parties, as they see fit and shall prepare and send a report to the Scottish Ministers with their recommendation as to how to determine the review.
(4) The Scottish Ministers, having regard to the report sent to them under paragraph (3), shall–
(a) determine the review; and
(b) give to the person who requested the review–
(i) written notification of their determination and their reasons for it; and
(ii) if the person so requests, a copy of the report sent to them under paragraph (3).
(5) Any reference in this regulation or regulation 4 to anything done in writing or produced in written form includes a reference to an electronic communication as defined in section 15(1) of the Electronic Communications Act 2000, which has been recorded and is consequently capable of reproduction.
(6) An electronic communication may only be sent to a person where the recipient has consented to that method of communication.
6 
The instruments specified in column 1 of Schedule 13 to these Regulations are revoked to the extent set out in the corresponding entry in column 3 of that Schedule.
ROSS FINNIE
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
20th March 2007
SCHEDULE 1
Regulations 2 and 3


Procedure Purpose Condition
Freeze branding Identification 
Tattooing Identification 
Ear tagging Identification 
Micro chipping Identification 
Vasectomy Controlling reproduction or general animal management 
Castration Controlling reproduction or general animal management 
Spaying Controlling reproduction or general animal management 
Embryo transfer Controlling reproduction or general animal management 
Nose ringing Handler safety or herd welfare 
Dehorning Handler safety or herd welfare 
Disbudding Handler safety or herd welfare 
Supernumerary teat removal Animal health 
SCHEDULE 2
Regulations 2 and 3


Procedure Purpose Condition
Tattooing Identification 
Ear tagging Identification 
Ear notching Identification 
Micro chipping Identification 
Vasectomy Controlling reproduction or general animal management 
Spaying Controlling reproduction or general animal management 
Castration Controlling reproduction or general animal management May only be performed by means which do not involve the tearing of tissues.If castration is carried out after the seventh day of life it shall only be performed under anaesthetic and additional prolonged analgesia.Where the person performing the procedure is not a veterinary surgeon that person must be trained in accordance with the Welfare of Farmed Animals (Scotland) Regulations 2000.
Embryo transfer Controlling reproduction or general animal management 
Tusk trimming Handler safety or herd welfare Where the person performing the procedure is not a veterinary surgeon that person must be trained in accordance with the Welfare of Farmed Animals (Scotland) Regulations 2000.
Docking Handler safety or herd welfare May only be performed where–
(a) the pig is a farmed pig kept on agricultural land;
(b) other measures to improve environmental conditions or management systems have been taken in order to prevent tail biting but there is still evidence of injury to the tails of other pigs; and
(c) the procedure is performed by the quick and complete severance of the part of the tail to be removed.If docking is carried out after the seventh day of life it shall only be performed under anaesthetic and additional prolonged analgesia.Where the person performing the procedure is not a veterinary surgeon that person must be trained in accordance with the Welfare of Farmed Animals (Scotland) Regulations 2000.
Uniform reduction of the corner teeth Herd welfare May only be performed where–
(a) the pig is a farmed pig kept on agricultural land;
(b) the pig is less then eight days old;
(c) other measures to improve environmental conditions or management systems have been taken in order to prevent tail biting but there is still evidence of injury to sows' teats or to the ears or tails of other pigs; and
(d) the reduction is performed by grinding or clipping leaving an intact smooth surface.Where the person performing the procedure is not a veterinary surgeon that person must be trained in accordance with the Welfare of Farmed Animals (Scotland) Regulations 2000.
Nose ringing General animal management May only be performed on a pig which is not intended to be kept continuously in an indoor husbandry system.Where the person performing the procedure is not a veterinary surgeon that person must be trained in accordance with the Welfare of Farmed Animals (Scotland) Regulations 2000.
SCHEDULE 3
Regulations 2 and 3


Procedure Purpose Condition
Micro chipping Identification 
Beak trimming Flock welfare May only be performed on poultry.May only be performed–
(a) if carried out as a single procedure, provided no more than a one third part of both the upper and lower beaks, measured from the tip towards the entrance to the nostrils, is removed; or
(b) provided no more than a one third part of the upper beak only, measured as above, is removed.In either case any subsequent haemorrhage from the beak must be arrested by cauterization.Beak trimming may only be performed where a veterinary surgeon considers the beak trimming to be necessary to prevent feather pecking or cannibalism and measures to improve the environmental conditions have been taken.Beak trimming of laying hens may only be performed on birds aged 10 days or less kept in flocks of 350 or more birds.Beak trimming of laying hens may only be performed until 31st December 2010.
De-snooding General animal management May only be performed on turkeys
Cutting of the toes General animal management May only be performed on poultry other than laying hens
Dubbing General animal management May only be performed on domestic fowls other than laying hens
Pinioning General animal management May be performed on any bird other than poultry
Laparoscopy General animal management 
SCHEDULE 4
Regulations 2 and 3


Procedure Purpose Condition
Tattooing Identification 
Ear tagging Identification 
Ear notching Identification 
Micro chipping Identification 
Vasectomy Controlling reproduction or general animal management 
Castration Controlling reproduction or general animal management 
Spaying Controlling reproduction or general animal management 
Embryo transfer Controlling reproduction or general animal management 
Dehorning Handler safety or flock welfare 
Disbudding Handler safety or flock welfare 
Docking Animal health May only be performed where–
(a) the sheep is a farmed sheep kept on agricultural land; and
(b) sufficient tail is retained to cover the vulva in the case of female sheep and the anus in the case of male sheep.
SCHEDULE 5
Regulations 2 and 3


Procedure Purpose Condition
Tattooing Identification 
Ear tagging Identification 
Ear notching Identification 
Micro chipping Identification 
Vasectomy Controlling reproduction or general animal management 
Castration Controlling reproduction or general animal management 
Spaying Controlling reproduction or general animal management 
Embryo transfer Controlling reproduction or general animal management 
Dehorning Handler safety or herd welfare 
Disbudding Handler safety or herd welfare 
SCHEDULE 6
Regulations 2 and 3


Procedure Purpose Condition
Freeze branding Identification 
Hot branding Identification May only be performed subject to, and in accordance with, any authorisation granted or determined by the Scottish Ministers under regulations 4 and 5.
Tattooing Identification 
Micro chipping Identification 
Vasectomy Controlling reproduction or general animal management 
Castration Controlling reproduction or general animal management 
Spaying Controlling reproduction or general animal management 
Embryo transfer Controlling reproduction or general animal management 
SCHEDULE 7
Regulations 2 and 3


Procedure Purpose Condition
Tattooing Identification 
Ear tagging Identification 
Ear notching Identification 
Micro chipping Identification 
Vasectomy Controlling reproduction or general animal management 
Castration Controlling reproduction or general animal management 
Spaying Controlling reproduction or general animal management 
Embryo transfer Controlling reproduction or general animal management 
Antler removal Handler safety or herd welfare May only be performed where–
(a) the deer is a farmed deer; and
(b) the velvet is frayed and the greater part of it shed.
SCHEDULE 8
Regulations 2 and 3


Procedure Purpose Condition
Ear tipping Identification May only be performed on feral cats.
Micro chipping Identification 
Tattooing Identification 
Vasectomy Controlling reproduction or general animal management 
Castration Controlling reproduction or general animal management 
Spaying Controlling reproduction or general animal management 
SCHEDULE 9
Regulations 2 and 3


Procedure Purpose Condition
Micro chipping Identification 
Tattooing Identification 
Vasectomy Controlling reproduction or general animal management 
Castration Controlling reproduction or general animal management 
Spaying Controlling reproduction or general animal management 
Embryo transfer Controlling reproduction or general animal management 
Amputation of dew claws General animal management 
SCHEDULE 10
Regulations 2 and 3


Procedure Purpose Condition
Chemical branding Identification 
Freeze branding Identification 
Pit tagging Identification 
Micro chipping Identification 
Removal or perforation of parts of the fins, adipose fins or fin rays Identification 
Removal of fish scales Age determination or stock management 
SCHEDULE 11
Regulations 2 and 3


Procedure Purpose Condition
Micro chipping Identification 
Laparoscopy General animal management 
SCHEDULE 12
Regulations 2 and 3


Procedure Purpose Condition
Micro chipping Identification 
Tattooing Identification 
Vasectomy Controlling reproduction 
Castration Controlling reproduction 
Spaying Controlling reproduction 
Embryo transfer Controlling reproduction 
SCHEDULE 13
Regulation 6


Column 1 Column 2 Column 3
Legislation revoked References Extent of revocations
The Welfare of Livestock (Prohibited Operations) Regulations 1982 S.I.1982/1884, amended by S.I. 1987/114 The whole Regulations.
The Welfare of Livestock (Prohibited Operations) (Amendment) Regulations 1987 S.I. 1987/114 The whole Regulations.
The Welfare of Farmed Animals (Scotland) Regulations 2000 S.S.I. 2000/442, amended by SSI2002/334 and 2003/448 Schedule 3D, paragraphs 8 and 9.Schedule 6, Part II, paragraphs 19 to 26.