Scottish Government

Covering Letter

Rural Directorate
Animal Health and Welfare Division
T: 0131-244 6117 F: 0131-244 6616
E: animal.health@scotland.gsi.gov.uk

To Interested Parties on the attached list
30 October 2009

Dear Sir/Madam

Consultation on a new code of practice for the welfare of livestock: meat chickens and breeding chickens.

I am writing to invite comments and views on the enclosed draft Code of Practice on the Welfare of Livestock: Meat Chickens and Breeding Chickens. The finalised Code will need to be approved by the Scottish Parliament and will be made under section 37 of the Animal Health and Welfare (Scotland) Act 2006.

The proposed Code will replace the existing Code, issued in September 2004, and will take into account the provisions of Council Directive 2007/43 on the welfare of meat chickens. This Directive will be transposed into Scottish legislation by a new Regulation - The Welfare of Farmed Animals (Scotland) Regulations 2010. This new Regulation will amend and consolidate the Welfare of Farmed Animals (Scotland) Regulations 2000, the Welfare of Farmed Animals (Scotland) Amendment Regulations 2002 and the Welfare of Farmed Animals (Scotland) Amendment Regulations 2003.

As in the existing Code, appropriate sections from the new Regulations and other relevant legislation will be inserted into the Code.

A failure by a person to comply with the advice in the Code does not of itself constitute an offence, however, such a failure may be taken into consideration by a court should proceedings be brought against a person accused of an offence under Part 2 (the welfare sections) of the Animal Health and Welfare (Scotland) Act 2006. Whereas, complying with the provisions of the Code can be used as evidence in defence should a person be accused of an offence under the Act.

The consultation package includes:

• The consultation letter,
• The list of consultees,
• The draft Code of Practice for the Welfare of Livestock: Meat Chickens and Breeding Chickens,
• A Respondee Information Form.

These documents can also be viewed on the Scottish Government's website at http://www.scotland.gov.uk/consultations.

This consultation covers Scotland. Separate but similar consultations are taking place in England, Wales and Northern Ireland.

A list of the organisations which have been consulted is attached to this letter.

If you are aware of other organisations, businesses or individuals who you think should be consulted, please feel free to copy this consultation to them, or inform us of the omission.

Comments on the paper should be sent to the following address by 29th January 2010.

Pam Kennedy

By email to: animal.health@scotland.gsi.gov.uk
By fax to: 0131 244 6616

I would be grateful if you would clearly indicate in your response which parts or paragraphs of the draft Code you are responding to, as this will aid the analysis of the responses.

We need to know how you wish your response to be handled and, in particular, whether you are happy for your response to be made public. Please complete and return the Respondee Information Form (only required if you are providing a response) as this will ensure that we treat your response appropriately. If you ask for your response not to be published, we will regard it as confidential and we will treat it accordingly. All respondents should be aware that the Scottish Government is subject to the provisions of the Freedom of Information (Scotland) Act 2002, therefore, we have to consider any request made under that Act for information relating to this consultation exercise.

If you have any queries about this consultation please email or fax us as above, or call 0131 244 6117.

If you would like the document in an alterative format, such as large print, Braille, audiotape or disc, or in a community language please use the contact details above. I expect that most respondents will find it easier to send in a written response, but if you would find it easier to respond in some other way (such as by telephone, audiotape or at a meeting) please contact us to make the necessary arrangements.

This consultation and all other Scottish Government consultation exercises can be viewed at http://www.scotland.gov.uk/consultations. You can telephone Freephone 0800 77 1234 to find out the location of your nearest Public Internet Access Point.

The Scottish Government has an e-mail alert system for consultations (SEconsult). This system allows stakeholder individuals and organisations to register and receive a weekly e-mail containing details of all new consultations (including web links). SEconsult complements, but in no way replaces our distribution lists, and is designed to allow stakeholders to keep up-to-date with all of our consultation activity, and therefore be alerted at the earliest opportunity to those of most interest. I would encourage you to register.

Consultation is an essential and important aspect of Scottish Government working methods. Given the wide-ranging areas of work of the Scottish Government, there are many varied types of consultation. In general, however, consultation exercises aim to provide opportunities for all those who wish to express their opinions on a proposed area of work, to do so in ways which will inform and enhance that work. While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body.

The views and suggestions detailed in all consultation responses will be analysed and used as part of the decision making process. Depending on the nature of the consultation exercise, the responses received may:

• Indicate the need for policy development or review;
• Inform the development of a particular policy;
• Help decisions to be made between alternative policy proposals; and
• Be used to finalise legislation before it is implemented.

Where respondees have given permission for their response to be made public (via the Respondee Information Form) these will be made available to the public in the Scottish Government Library. All responses, where agreement to publish has been given, will be checked for any potentially defamatory material before being logged in the library or placed on the website. The library is located at Saughton House, K Spur, Broomhouse Drive, Edinburgh, EH11 3XD and you can make arrangements to view the responses by contacting the SE library on 0131 244 4565. Responses can be copied and sent to you but a charge may be made for this service.

If you have any comments about how this consultation exercise has been conducted, please send them to the response address above.

Yours faithfully

Ian W Strachan
Head of Animal Welfare Team