The TSE (Wales) Regulations 2002

Measures to administer and enforce Article 15(2) of and Chapter B of Annex VIII to the Community TSE Regulation E+W

88.—(1) An inspector may make such enquiries and carry out such investigations as he or she considers necessary for any purpose connected with the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation.

(2) For the purpose of paragraph (1) above an inspector, on producing, if required to do so, some duly authenticated document showing his or her authority, may enter at all reasonable times any premises (excluding premises used only as a dwelling) to—

(a) ascertain whether any animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal, is being or has been kept on the premises;

(b) collect, pen, inspect and examine any animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal, and for this purpose may require the keeper of the animal to arrange for the collection and penning of the animal;

(c) inspect and examine, and make those tests and take those samples he or she considers necessary from, any—

(i) female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;

(ii) animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;

(iii) carcase of a female bovine animal infected with a TSE or carcase of a BSE confirmed ovine or caprine animal; or

(iv) carcase of an animal of first generation progeny, of a female bovine animal infected with a TSE or of a BSE-confirmed ovine or caprine animal;

(d) mark for identification purposes, or administer or otherwise attach an electronic identification device to, any—

(i) female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(ii) animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;

(iii) carcase of a female bovine animal infected with a TSE or carcase of a BSE confirmed ovine or caprine animal; or

(iv) carcase of an animal of first generation progeny, of a female bovine animal infected with a TSE or of a BSE-confirmed ovine or caprine animal;

(e) serve a notice to restrict or prohibit the movement, or issue a licence in connection with the movement, of—

(i) any female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(ii) any animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(iii) any carcase of a female bovine animal infected with a TSE or carcase of a BSE confirmed ovine or caprine animal; or

(iv) any carcase of an animal of first generation progeny, of a female bovine animal infected with a TSE or of a BSE confirmed ovine or caprine animal;

(f) seize or dispose of—

(i) any female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(ii) any animal of first generation progeny of, or semen, embryos, ova or blood derived from, a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(iii) any carcase of a female bovine animal infected with a TSE or carcase of a BSE confirmed ovine or caprine animal; or

(iv) any carcase of an animal of first generation progeny, of a female bovine animal infected with a TSE or of a BSE confirmed ovine or caprine animal;

(g) serve any notice in connection with the slaughter, or slaughter,—

(i) any female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal; or

(ii) any animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal;

(h) give a direction under regulation 92 below;

(i) serve a notice requiring any cleansing and disinfection or carry out or cause to be carried out any cleansing and disinfection;

(j) examine any record, in whatever form the record may be held, and take copies of the record;

(k) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any record; and for this purpose may require any person who has charge of or who is otherwise concerned with the operation of the computer, apparatus or material to afford to him or her such assistance as he or she may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away; or

(l) ascertain whether there is or has been any contravention of, or failure to comply with, this Part of these Regulations or any evidence of any such contravention or failure.

(3) No person except an inspector may remove or otherwise interfere with any mark applied to any animal or carcase under paragraph (2)(d) above and no person except a veterinary inspector shall remove or otherwise interfere with any electronic identifiction device attached to or otherwise administered to any animal or carcase under that paragraph.

(4) If a justice of the peace is satisfied on sworn information in writing that there are reasonable grounds for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in paragraph (2) above and that either—

(a) admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier of the premises; or

(b) an application for admission, or the giving of such a notice, would defeat the object of entering the premises, or that the case is one of urgency, or that the premises are unoccupied or the occupier is absent,

the justice of the peace may issue a warrant authorising an inspector to enter the premises for that purpose, if need be by reasonable force.

(5) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued under it, and his or her employees and any person on the premises who is or has been in possession or charge of any animal or carcase which is or has been on the premises, must—

(a) provide all reasonable facilities and assistance to the inspector and comply with all reasonable requirements the inspector considers necessary for any purpose connected with the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation; and

(b) if required by an inspector, give such information as he or she possesses as to—

(i) any animal or carcase which is or has been on the premises;

(ii) any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact;

(iii) any semen, embryos or ova derived from any female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal; and

(iv) the location and movement of any animal or carcase, or any semen, embryos or ova derived from a female bovine animal infected with a TSE or a BSE confirmed ovine or caprine animal,

which is or has been in his or her possession or charge.

(6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him or her—

(a) such other persons as he or she considers necessary to give such assistance as he or she considers necessary; and

(b) a representative of the European Commission acting for the purpose of the Community TSE Regulation or the Community Transitional Measures or any Community legislation referred to in that Regulation or those Measures; and

(7) If an inspector enters any unoccupied premises he or she must leave them as effectively secured against unauthorised entry as he or she found them.