The BSE Offspring Slaughter Regulations 1998

Interpretation E+W+S

2.—(1) In these Regulations, unless the context otherwise requires–

• “the appropriate Minister” means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;

• “BSE” means the disease bovine spongiform encephalopathy;

• “barrener cattle” means adult female bovine animals which have had one or more calves and which are being sold either for immediate slaughter or for further fattening before slaughter;

• “beef breeding offspring animal” means an offspring animal, other than a pedigree offspring animal or a productive offspring animal, intended for suckler production;

• “beef offspring animal” means an offspring animal, other than a pedigree offspring animal or a productive offspring animal, intended for the production of meat for human consumption;

• “beef special premium” is the premium payable under article 4(b) of Council Regulation (EEC) 805/68 as amended(1);

• “bovine animal” includes buffalo of the species Bubalus bubalis and Bison bison;

• “cattle passport” has the same meaning as in the Cattle Identification Regulations 1998(2);

• “the Council Decision” means Council Decision 98/256/EC(3) concerning emergency measures to protect against bovine spongiform encephalopathy;

• “dairy offspring animal” means an offspring animal, other than a pedigree offspring animal or a productive offspring animal, intended for the production of milk for human consumption;

• “indicative market price” means a price calculated in accordance with Part III of Schedule 2 to these Regulations;

• “inspector” means a person appointed to be an inspector for the purposes of these Regulations by the appropriate Minister or a local authority, and includes a veterinary inspector;

• “local authority” means–

  (a)

  in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994(4), a unitary authority for that local government area, that authority;

  (b)

  in any part of England where there is not a unitary authority–

  (i)

  in a metropolitan district, the council of that district;

  (ii)

  in a non-metropolitan county, the council of that county;

  (iii)

  in each London borough, the council of that borough; or

  (iv)

  in the City of London, the Common Council;

  (c)

  in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(5); and

  (d)

  in Wales, a county or county borough;

• “market value” means–

  (a)

  in the case of an offspring animal aged 30 months or over, either–

  (i)

  the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an offspring animal; or

  (ii)

  the purchase price which would have applied had the animal been slaughtered at the time of valuation under the OTMS, whichever is the higher; and

  (b)

  in the case of an offspring animal aged under 30 months, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an offspring animal;

• “the Minister” means the Minister of Agriculture, Fisheries and Food;

• “offspring animal” means a bovine animal born on or after 1st August 1996 in the United Kingdom, to a dam which–

  (a)

  was affected or suspected of being affected with BSE when it gave birth to the animal; or

  (b)

  has subsequently become affected or suspected of being affected with BSE;

• “OTMS” means the Over Thirty Months Scheme for the purchase and slaughter of bovine animals aged over thirty months referred to in Commission Regulation (EC) No. 716/96(6) adopting exceptional support measures for the beef market in the United Kingdom, as amended;

• “pedigree offspring animal” means an offspring animal which is a pure-bred breeding animal of the bovine species within the meaning of Council Directive 77/504/EEC(7);

• “productive offspring animal” means–

  (a)

  a female offspring animal in milk or in calf;

  (b)

  a male offspring animal, other than a pedigree offspring animal, kept for breeding purposes;

• “premises” means any place (including any structure or vehicle) in which bovine animals may be grazed, handled, held or kept and includes any such place occupied as a private dwelling; and

• “veterinary inspector” means a veterinary inspector appointed for the purposes of these Regulations by the appropriate Minister.

(2) For the purpose of calculating the compensation payable for an offspring animal slaughtered under these Regulations the age of the animal at slaughter shall be conclusively determined by reference to the date of birth of the animal shown on the cattle passport for the animal.

(3) Any reference in these Regulations–

(a) to a numbered regulation is a reference to the regulation bearing that number in these Regulations;

(b) to a numbered schedule is a reference to the schedule to these Regulations bearing that number; and

(c) to a lettered and numbered form is a reference to the form bearing that letter and number in Schedule 1 to these Regulations.

Commencement Information

I1 Reg. 2 in force at 4.1.1999, see reg. 1(1)

(1)

OJ No. L 148, 28.6.68, p. 24 (OJ/SE Vol. I, p. 187); the last relevant amendment was made by Council Regulation (EC) No. 2222/96, OJ No. L 296, 21.11.96, p. 50.

(2)

S.I. 1998/871 as amended by S.I. 1998/1796.

(3)

OJ No. L 113, 15.4.98, p. 32 as amended by Commission Decision 98/564/EC (OJ No. L 273, 9.10.98, p. 37) and Commission Decision 98/692/EC of 25.11.98 (OJ No. L 328, 4.12.98, p. 28).

(4)

S.I. 1994/867 to which there are amendments not relevant to these Regulations.

(5)

1994 c. 39.

(6)

OJ No. L 99, 20.4.96, p. 14, as amended by Commission Regulations (EC) Nos. 774/96 (OJ No. L 104, 27.4.96, p. 21), 835/96 (OJ No. L 112, 7.5.96, p. 17), 1512/96 (OJ No. L 189, 30.7.96, p. 93), 1846/96 (OJ No. L 245, 26.9.96, p. 9), 1974/96 (OJ No. L 262, 16.10.96, p. 2), 2149/96 (OJ No. L 288, 9.11.96, p. 14), 2423/96 (OJ No. L 329, 19.12.96, p. 43) and 1365/97 (OJ No. L 188, 17.7.97, p. 6).

(7)

OJ No. L 206, 12.8.77, p. 8 to which there are amendments not relevant to these Regulations.