The BSE Monitoring (Scotland) Regulations 2001

Interpretation

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

“BSE” means the disease bovine spongiform encephalopathy;

“the BSE (No. 2) Order” means the Bovine Spongiform Encephalopathy (No. 2) Order 1996(1);

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

“the Commission Decisions” means–

(a)

Commission Decision 2000/764/EC(2) on the testing of bovine animals for the presence of bovine spongiform encephalopathy and amending Decision 98/272/EC(3) on epidemio-surveillance for transmissible encephalopathies; and

(b)

Commission Decision 2001/233/EC(4) amending Decision 2000/418/EC(5) as regards mechanically recovered meat and bovine vertebral column;

“inspector” means–

(a)

a person appointed as such for the purposes of these Regulations by the Scottish Ministers, including a veterinary inspector; and

(b)

a person appointed as such for the purposes of these Regulations by a local authority in relation to its enforcement responsibilities under these Regulations;

“justice of the peace” means a full justice as defined by section 9 of the District Courts (Scotland) Act 1975(6);

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(7);

“notifiable bovine animal” means a bovine animal over 30 months of age which–

(a)

dies on any farm or in transit; or

(b)

has been killed otherwise than for human consumption;

“premises” means any place (including any structure or vehicle) in which bovine animals may be bred, handled, held, kept, marketed or shown to the public, and, except for regulations 4(1) and (2), 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 Scottish Ministers.

(2) Expressions in these Regulations which are not defined in paragraph (1) above and which appear in the Commission Decisions have the same meaning in these Regulations as they have for the purposes of the Commission Decision in which they appear.

(3) Any person appointed by the Scottish Ministers or a local authority to be an inspector for the purposes of the Animal Health Act 1981(8) shall be deemed to have been appointed by the Scottish Ministers or that authority to be an inspector for the purposes of these Regulations.

(1)

S.I. 1996/3183, amended by S.I. 1997/2387, 1998/3071 and 1999/921.

(2)

O.J. No. L 305, 6.12.00, p.35.

(3)

O.J. No. L 122, 24.4.98, p.59.

(4)

O.J. No. L 84, 23.3.01, p.59.

(5)

O.J. No. L 158, 30.6.00, p.76.

(6)

1975 c. 20. The definition of “full justice” was inserted by section 8 of the Bail, Judicial Appointments etc. (Scotland) Act 2000 (asp 9).

(7)

1994 c. 39.

(8)

1981 c. 22.