
1 
These Regulations may be cited as the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2010 and 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;
 “de-snooding” means the removal of the part of the male turkey's wattle arising from the forehead and lying over the upper beak;
 “disbudding” means the removal of the horn bud;
 “docking” 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 the genus Equus including hybrids;
 “infra-red procedure” means an automated procedure involving exposure of the tip of the beak of a chick to a focused high intensity infra-red beam designed to cause a limited area of tissue damage and subsequent loss of the beak tip;
 “laying hen” means a domestic fowl which is kept or to be kept for the production of eggs not intended for hatching;
 “meat chicken” means a domestic fowl which is kept or to be kept for the production of meat;
 “non-farmed” when applied to an animal means a bovine animal, deer, goat, pig or sheep which is not bred or kept for the production of food, wool or skin or for other farming purposes, and includes—
(a) an animal whilst at, or solely intended for use in, a competition, show or cultural or sporting event or activity;
(b) an experimental or laboratory animal; and
(c) an animal living in the wild;
 “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;
 “surgical castration” means any method of castration that involves cutting or tearing tissue but not crushing tissue at the neck of the scrotum using a rubber ring or other device; and
 “surgical docking” means any method of docking that involves cutting or tearing tissue but not crushing tissue using a rubber ring or other device or using a hot iron.
3 
The Scottish Ministers hereby specify the procedures described in column 1 of each of Schedules 1 to 12 where the procedure is carried out in relation to the particular type of protected animal  described in any of those Schedules and is carried out—
(a) for a purpose which is specified, in relation to any such procedure, in column 2 of the corresponding entry in the relevant Schedule;
(b) in hygienic conditions;
(c) in such a way as to minimise the pain and suffering it causes to the animal;
(d) in accordance with good practice; and
(e) where applicable, in accordance with such conditions as are specified, in relation to any such procedure, in column 1 of the entry in the relevant Schedule,as procedures in relation to which section 20 (mutilation) of the Animal Health and Welfare (Scotland) Act 2006 does not apply.
4 
The following instruments are revoked:—
(a) the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Regulations 2007 ; and
(b) the Prohibited Procedures on Protected Animals (Exemptions) (Scotland) Amendment Regulations 2009 .
RICHARD LOCHHEAD
A member of the Scottish Executive
St Andrew's House,
Edinburgh

SCHEDULE 1
Regulation 3

Procedure Purpose
Freeze branding Identification
Tattooing Identification
Ear tagging 1. Identification;
 2. Screening or routine or random testing for disease; or
 3.  Genetic analysis.
Micro chipping Identification
Vasectomy Controlling reproduction or general animal management
Castration Controlling reproduction or general animal management
Implantation of a subcutaneous contraceptive into a non-farmed bovine Controlling reproduction or general animal management, as part of a conservation programme
Embryo and ovum 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
Regulation 3

Procedure Purpose
Tattooing Identification
Ear tagging 1.  Identification; or
 2. Screening or routine or random testing for disease.
Ear notching Identification
Micro chipping Identification
Vasectomy Controlling reproduction or general animal management
Implantation of a subcutaneous contraceptive into a non-farmed pig Controlling reproduction or general animal management, as part of a conservation programme
Embryo and ovum transfer Controlling reproduction or general animal management
Tusk trimming Handler safety or herd welfare
Docking of farmed pigs kept on agricultural land Handler safety or herd welfare
 
Conditions— 
 
1) The procedure may only be performed— 
 
 (a) where there is evidence that injuries to the tails of other pigs have occurred and where other measures to improve environmental conditions or management systems have been taken in order to prevent tail-biting; and 
   
 (b) by the quick and complete severance of the part of the tail to be removed. 
 
2) Where pigs are older than 7 days of age the procedure must be performed under anaesthetic and additional prolonged analgesia and only by a veterinary surgeon. 
Uniform reduction of the corner teeth of farmed piglets kept on agricultural land aged 7 days or less by grinding or clipping to leave an intact smooth surface Herd welfare
 
Condition— 
 
The procedure may only be performed where there is evidence of injuries to sows' teats or to other pigs' ears or tails and when other measures have been taken to prevent tail-biting and other vices have been exhausted. 
Nose ringing General animal management
 
Condition— 
 
Nose rings must not be put in animals kept continuously in indoor husbandry systems. 
Castration Controlling reproduction or general animal management.
 
Conditions— 
 
1) Castration may only be performed by means other than the tearing of tissues. 
 
2) Where pigs are older than 7 days of age the procedure must be performed under anaesthetic and additional prolonged analgesia and only by a veterinary surgeon. 
SCHEDULE 3
Regulation 3

Procedure Purpose
Micro chipping Identification
Beak trimming of poultry Flock welfare
 
Conditions— 
 
1) Beak trimming of poultry may only be performed to prevent feather pecking and cannibalism and, in relation to laying hens kept on holdings of 350 or more and meat chickens kept on holdings of 500 or more, when the animals are less than 10 days old. 
 
2) Beak trimming of laying hens kept on holdings of 350 or more may only be performed using the infra-red procedure. 
 
3) In an emergency, to control an outbreak of feather pecking or cannibalism in laying hens, conditions 1 and 2 do not apply. 
 
4) Beak trimming of meat chickens may only be carried out, after consultation with and on the advice of a veterinary surgeon, by qualified staff, and where other measures to prevent feather pecking and cannibalism are exhausted. 
 
De-snooding General animal management
Cutting of the toes of poultry other than laying hens and meat chickens General animal management
Dubbing of domestic fowl other than laying hens and meat chickens General animal management
Pinioning of birds other than poultry General animal management
Laparoscopy General animal management
Castration, ovidectomy and vasectomy of a bird other than poultry Controlling reproduction or general animal management, as part of a conservation programme
Implantation of a subcutaneous contraceptive into a bird other than poultry Controlling reproduction or general animal management, as part of a conservation programme
Wing tagging Identification of—
 
 1) poultry in connection with breeding or testing for the presence of disease; or
 
 2) a bird other than poultry in connection with conservation or research
Web tagging Identification of—
 
 1) poultry in connection with breeding or testing for the presence of disease; or
 
 2) a bird other than poultry in connection with conservation or research
SCHEDULE 4
Regulation 3

Procedure Purpose
Tattooing Identification
Ear tagging 1. Identification; or
 2. Screening or routine or random testing for disease.
Ear notching Identification
Micro chipping Identification
Vasectomy Controlling reproduction or general animal management
Castration 
 
Condition— 
 
Surgical castration may only be carried out by a veterinary surgeon. Controlling reproduction or general animal management
Laparoscopic insemination Controlling reproduction or general animal management
Embryo and ovum transfer Controlling reproduction or general animal management
Implantation of a subcutaneous contraceptive into a non-farmed sheep Controlling reproduction or general animal management, as part of a conservation programme
Dehorning Handler safety or flock welfare
Disbudding Handler safety or flock welfare
Docking of a farmed sheep kept on agricultural land Animal health
 
Conditions— 
 
1) Docking of sheep over 3 months of age may only be carried out by a veterinary surgeon. 
 
2) Surgical docking may only be carried out by a veterinary surgeon. 
 
3) Docking may only be performed where 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
Regulation 3

Procedure Purpose
Tattooing Identification
Ear tagging 1. Identification; or
 2. Screening or routine or random testing for disease.
Ear notching Identification
Micro chipping Identification
Vasectomy Controlling reproduction or general animal management
Castration Controlling reproduction or general animal management
Laparoscopic insemination Controlling reproduction or general animal management
Implantation of a subcutaneous contraceptive into a non-farmed goat Controlling reproduction or general animal management, as part of a conservation programme
Embryo and ovum transfer Controlling reproduction or general animal management
Dehorning Handler safety or herd welfare
Disbudding Handler safety or herd welfare
SCHEDULE 6
Regulation 3

Procedure Purpose
Freeze branding Identification
Tattooing Identification
Micro chipping Identification
Vasectomy Controlling reproduction or general animal management
Castration Controlling reproduction or general animal management
Implantation of a subcutaneous contraceptive Controlling reproduction or general animal management
Embryo and ovum transfer Controlling reproduction or general animal management
SCHEDULE 7
Regulation 3

Procedure Purpose
Tattooing Identification
Ear tagging 1. Identification; or
 2. Screening or routine or random testing for disease.
Ear notching Identification
Micro chipping Identification
Vasectomy Controlling reproduction or general animal management
Castration Controlling reproduction or general animal management
Implantation of a subcutaneous contraceptive into a non-farmed deer Controlling reproduction or general animal management, as part of a conservation programme
Embryo and ovum transfer Controlling reproduction or general animal management
Removal of antlers 
Handler safety or herd welfare
Condition— 
Antler removal may only be performed where the velvet is frayed and the greater part of it shed.

SCHEDULE 8
Regulation 3

Procedure Purpose
Ear tipping of feral cats Identification
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
Implantation of a subcutaneous contraceptive Controlling reproduction or general animal management
SCHEDULE 9
Regulation 3

Procedure Purpose
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 and ovum transfer Controlling reproduction or general animal management
Implantation of a subcutaneous contraceptive Controlling reproduction or general animal management
Amputation of dew claws General animal management
Docking of any dog aged 5 days or less that is a dog—  Dog welfare
1) of the type known as spaniel, of any breed or combination of breeds; or 
2) of the type known as hunt point retrieve, of any breed or combination of breeds 
 
Conditions— 
 
1) The procedure may only be carried out by a veterinary surgeon. 
2) Not more than the end third in length of the tail may be removed. 
3) The veterinary surgeon who is to carry out the procedure must, before doing so, be satisfied that there has been produced to that veterinary surgeon by— 

(a) the owner of the dog; or 

(b) another person whom the veterinary surgeon reasonably believes to be representing the owner, 
evidence showing that the dog is likely to be used for work in connection with the lawful shooting of animals. 
4) The veterinary surgeon who is to carry out the procedure must, before doing so, sign a certificate which— 

(a) certifies that Condition 3) has been complied with; 

(b) certifies that the dog is aged 5 days or less according to the date of birth of the dog given by—
(i) its owner; or
(ii) another person whom the veterinary surgeon reasonably believes to be representing the owner; and 

(c) states the following information:—
(i) the breed and type of the dog;
(ii) the sex of the dog;
(iii) the colour and a description of the dog;
(iv) the unique number of the compliant microchip implanted in the dam of the dog; and
(v) where the dog has been implanted with a compliant microchip, the unique number of that compliant microchip. 
In paragraph (c)(iv) and (v) a reference to a compliant microchip means a microchip within the meaning of regulation 4 of the Microchipping of Dogs (Scotland) Regulations 2016. 
SCHEDULE 10
Regulation 3

Procedure Purpose
Chemical branding Identification
Freeze branding Identification
Passive integrated transponder tagging/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
Implantation of a subcutaneous contraceptive Controlling reproduction or general animal management
SCHEDULE 11
Regulation 3

Procedure Purpose
Micro chipping Identification
Laparoscopy General animal management
Implantation of a subcutaneous contraceptive Controlling reproduction or general animal management
SCHEDULE 12
Regulation 3

Procedure Purpose
Micro chipping Identification
Tattooing Identification
Vasectomy Controlling reproduction
Castration Controlling reproduction
Spaying Controlling reproduction
Embryo and ovum transfer Controlling reproduction
Implantation of a subcutaneous contraceptive Controlling reproduction or general animal management