The TSE (Scotland) Regulations 2002 (revoked)

[F1PART ISCONFIRMATION OF DISEASE

Textual Amendments

Competent authority for Annex VII of the Community TSE RegulationS

1.—(1) The Scottish Ministers shall be the competent authority for the purposes of Annex VII (other than paragraphs 1(a) and 2(a) of that Annex) and shall exercise the powers and duties imposed on the member State in that Annex.

(2) In this Schedule, “Annex VII” means Annex VII to the Community TSE Regulation as amended by F2... Commission Regulation (EC) No. 260/2003 and Commission Regulation (EC) No. 1915/2003.

Textual Amendments

F2Words in sch. 6A para. 1(2) omitted (1.5.2005) by virtue of The TSE (Scotland) Amendment Regulations 2005 (S.S.I. 2005/173), regs. 1(1), 2(3)(a)

Confirmation of TSE in sheepS

2.—(1) Following the confirmation of TSE in sheep on a holding under Article 13 of the Community TSE Regulation, the Scottish Ministers, after–

(a)carrying out the inquiry specified in Article 13(1)(b) of that Regulation and in paragraph 1 of Annex VII, and

(b)genotyping the animals (if necessary) in accordance with Part V of these Regulations,

shall decide which of the options set out in paragraphs 2(b)(i) and (ii) of Annex VII to exercise.

(2) The Scottish Ministers shall serve a notice on the occupier of the holding informing the occupier of which of the options in those paragraphs they intend to exercise.

(3) The notice shall specify–

(a)the identity of the animals to be killed and destroyed;

(b)the identity of the animals (if any) to be slaughtered for human consumption;

(c)the identity of the animals (if any) that may be retained;

(d)the particular ova and embryos that must be destroyed;

(e)the time limit for complying with the notice; and

(f)the right of the person receiving the notice to apply for the exercise of a derogation under paragraph 14 below.

Confirmation of TSE in goatsS

3.  Following the confirmation of TSE in goats on a holding under Article 13 of the Community TSE Regulation, the Scottish Ministers, after carrying out the inquiry specified in Article 13(1)(b) of that Regulation and in paragraph 1 of Annex VII, shall serve a notice on the occupier of the holding informing the occupier that they intend to kill and destroy all the goats on the holding and all caprine embryos and ova from those animals in accordance with paragraph 2(b)(i) of Annex VII.

Infected animals from another holdingS

4.  In the case of infected animals introduced from another holding the Scottish Ministers may act in accordance with paragraphs 2 and 3 above, taking account of the results of any inquiry and genotyping referred to in those paragraphs, at the holding of origin in addition to, or instead of, the holding on which the infection was confirmed.

Common grazingS

5.  In the case of infected animals on common grazing, the Scottish Ministers may limit a notice under paragraph 2 or 3 above to an individual flock in accordance with paragraph 2(b)(iii), second sentence of Annex VII.

[F3Multiple flocks on a holdingS

5A.  Where more than one flock is kept on a single holding, the Scottish Ministers may limit a notice under paragraph 2 or 3 above to the flock in which TSE has been confirmed in accordance with paragraph 2(b)(iii), third sentence, of Annex VII.]

Textual Amendments

Confirmation of BSE in sheep or goatsS

6.  Following the confirmation of BSE in sheep or goats on a holding, the Scottish Ministers, after carrying out the inquiry specified in Article 13(1)(b) of the Community TSE Regulation and in paragraph 1 of Annex VII, shall serve a notice on the occupier of the holding informing the occupier of the intention of the Scottish Ministers to kill and destroy the animals and all embryos and ova from those animals in accordance with paragraph 2(c) of Annex VII.

[F4Time for reviewS

7.  The Scottish Ministers shall not proceed with a notice served under this Part until–

(a)they have received written notification from the person on whom the notice is served that that person does not intend to proceed with a review under Part III of this Schedule; or

(b)after the end of the 21 day period for such a review; or

(c)if there is such a review, they have given the person aggrieved notification of their final determination.]

Textual Amendments

Subsequent occupiersS

8.  If an occupier of a holding served with a notice under this Part transfers a holding affected by such a notice to another occupier, failure by the original occupier to ensure that the subsequent owner is made aware of the existence and contents of any such notice shall be an offence.]