Part 4: Matters Relating to Farming and the Countryside Section 34: Identification and traceability of animals
Section 34 amends the Natural Environment and Rural Communities Act 2006 (NERC Act 2006) to allow for new data collecting and sharing functions. This includes the running of a database to be assigned to a board established under that Act and to enable the assignment of functions relating to the means of identifying animals. It amends section 8 of the Animal Health Act 1981 (AHA 1981) to reflect advancements in animal identification technology and to provide that orders made under section 8 will bind the Crown. It disapplies in relation to England and Wales, at a later date, retained EU legislation on the identification and traceability of cattle, sheep and goats. The purpose of the section is to prepare for the introduction of a new digital and multi-species traceability service, the Livestock Information Service (LIS), based on a database of animal identification, health and movement data.
	Subsection (1) inserts a new section 89A into the NERC Act 2006. New subsection (1) of section 89A inserted into the NERC Act 2006 will allow the Secretary of State to assign to a board, established under the NERC Act 2006, functions related to collecting, managing and sharing certain information in England, Wales, Northern Ireland and Scotland. This information is identification, movement or health data of animals. It will also allow the assignment of functions relating to the means of identifying animals such as issuing individual identification numbers to animals.
	New subsection (2) of section 89A inserted into the NERC Act 2006 provides that the Secretary of State should seek approval from devolved administrations before making an order which assigns to a board functions which are exercisable in relation to the territories of those administrations.
	New subsection (3) of section 89A inserted into the NERC Act 2006 provides that an order made assigning functions to a board must not require or authorize the disclosure or use of information that would contravene data protection legislation.
	New subsection (4) of section 89A inserted into the NERC Act 2006 ensures that "animals" has the same meaning as in section 8 of the AHA 1981, to ensure that the functions assigned under this act can be exercised in relation to animals that otherwise might not be covered, such as domestic pigs or equines. These amendments enable the Agriculture and Horticulture Development Board (AHDB) to be assigned the function of managing the new Livestock Identification Service. An example of how this power could be used is to facilitate risk-based trading by enabling the AHDB to make available to buyers’ information on the health risk involved in purchasing certain animals. This could be used as a tool to combat the spread of disease.
	Subsection (2) amends the AHA 1981 such that in England and Wales the term "marking of animals" is replaced by "means of identifying animals", and that provision made under subsection (1) of the AHA 1981 may bind the Crown. The amendment will allow secondary legislation that will be made under powers of the AHA 1981 to encompass new developments in the technology for identifying animals. This amendment provides for new developments in the technology and methodology of identifying animals, such as the use of electronic identification. It will also enable legislation to be made covering Crown animals, such as military and police horses. Previously legislation for equines was made under the European Communities Act 1972, which will be revoked upon EU exit.
	Subsections (3) and (4) will, at a date to be set by the Secretary of State, disapply in relation to England and Wales the identification, traceability, and inspection provisions in retained EU legislation for cattle (parts of Regulation (EC) No 1760/2000) and sheep and goats (Council Regulation (EC) No 21/2004) respectively. These regulations will be replaced with an order made under the AHA 1981. As a consequence of the European Union (Withdrawal) Act 2018, these regulations will become retained EU law, a category of domestic law, and will be treated as if they are primary legislation. This retained EU legislation will be disapplied by commencing subsections (3) and (4) at the time an order is made under AHA 1981 amending the identification, traceability and inspection regime. These subsections avoid the need to make further primary legislation at that point.