SCHEDULE 4CONTROL AND ERADICATION OF TSE IN OVINE AND CAPRINE ANIMALS
Derogation10
1
Subject to sub-paragraphs (2) to (4)—
a
the Department may decide to delay the destruction of any animals specified in a notice served under paragraph 6; or
b
the occupier of the relevant holding may apply to the Department for a delay in the destruction of any such animals.
2
The Department must not decide upon, or consent to, a delay unless satisfied that—
a
the frequency of ARR allele within the relevant breed or holding is low or absent; or
b
a delay is necessary in order to avoid inbreeding.
3
Subject to sub-paragraph (4), the Department may decide upon, or consent to, a delay of up to five breeding years.
4
The Department must not decide upon, or consent to—
a
any delay, if a breeding ram (other than a ram of the ARR/ARR genotype present within the breed or holding) is on the holding; or
b
a delay of more than 18 months in relation to ovine or caprine animals kept for the production of milk or milk products intended for placing on the market.
5
An application under sub-paragraph (1)(b) must be in writing and must set out in full the reasons for the application.
6
The Department must provide the applicant with a decision in writing, stating that the Department—
a
consents to the application;
b
consents in part to the application; or
c
refuses the application.
7
The Department may impose any conditions that it considers to be reasonably necessary in relation to any decision made, or consent granted, under this paragraph.
8
Unless the Department consents to the application in full, the appeals procedure in regulation 11 applies.