The TSE (Scotland) Regulations 2002 (revoked)

Regulations 9, 83 and 91

SCHEDULE 1 S Compensation

Part I S Compensation for TSE susceptible animals slaughtered under regulations 6 or 7

1.  The compensation payable for a TSE susceptible animal slaughtered under regulation 6 or 7 above shall be an amount equal to the market value of the animal. S

2.  The market value of the animal shall be determined– S

(a) by agreement between the Scottish Ministers and the owner of the animal;

(b) failing agreement by an arbiter appointed jointly by the Scottish Ministers and the owner of the animal; or

(c) failing such agreement or appointment, by an arbiter appointed by the President of the Institute of Auctioneers and Appraisers in Scotland and the liability for the costs of the arbiter shall be determined by the arbiter.

3.  An arbiter appointed or nominated under paragraph 2(b) or (c) above shall give to the Scottish Ministers and the owner a certificate in writing of the value that arbiter has determined. S

4.  Where an animal was certified by a veterinary surgeon before slaughter as– S

(a) requiring slaughter for emergency reasons relating to the welfare of the animal;

(b) not fit for human consumption by virtue of its condition; and

(c) having no market value as a consequence,

there shall be no compensation payable for the animal.

Part II S Compensation for carcases, parts of carcases or blood of TSE susceptible animals seized or disposed of under regulation 8

1.  Subject to paragraph 5 below, the compensation for any carcase, part of any carcase or any blood seized or disposed of under regulation 8 shall be compensation to the owner of the carcase, part or blood of an amount equal to the value of the carcase, part or blood at the time it was seized or disposed of. S

2.  The value of any carcase, part or blood seized or disposed of under regulation 8 shall be determined– S

(a) by agreement between the Scottish Ministers and the owner of the carcase, part or blood seized or disposed of;

(b) failing agreement by an arbiter appointed jointly by the Scottish Ministers and the owner of the carcase, part or blood seized or disposed of; or

(c) failing such agreement or appointment, by an arbiter appointed by the President of the Institute of Auctioneers and Appraisers in Scotland and the liability for the costs of the arbiter shall be determined by the arbiter.

3.  The owner of a carcase, part of a carcase or blood seized or disposed of under regulation 8 shall pay any reasonable expenses incurred by the Scottish Ministers in connection with the seizure or disposal. S

4.  These expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part or blood seized or disposed of. S

5.  If the amount of these expenses exceed the amount of compensation payable to the owner, the Scottish Ministers shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Scottish Ministers. S

6.  The owner shall pay to the Scottish Ministers the amount of the excess within the period specified in the notice. S

7.  On the expiry of that period, the amount of the excess shall be recoverable as a debt by the Scottish Ministers from the owner. S

Part III S Compensation for TSE susceptible animals slaughtered under regulations 80 and 81

1.  The compensation payable for a sheep or goat slaughtered under regulations 80 or 81 above shall be as specified in paragraphs 2 and 3 below. S

2.  Where an examination at a veterinary laboratory nominated for this purpose by the Scottish Ministers of tissues taken from the carcase of the sheep or goat confirms that it was an animal affected with a TSE, the compensation shall be– S

(a) in the case of an animal at the end of its productive life, the amount of £30; and

(b) in the case of any other such animal, the amount of £90.

3.  Where an examination at a veterinary laboratory nominated for this purpose by the Scottish Ministers of tissues taken from the carcase of the sheep or goat does not confirm that it was an animal affected with a TSE, the compensation shall be whatever is the greater of– S

(a) the amount which would be payable under the preceding paragraph if the examination had confirmed it was an animal affected with a TSE; and

(b) such sum as appears to the Scottish Ministers, having regard to any information provided by the owner of the animal slaughtered and any other relevant information, to reflect the market value of the animal, subject to a maximum sum of £400 for each animal.

Compensation for bovine animals S

S

4.  The compensation payable for a bovine animal slaughtered under regulations 80 or 81 above shall be as specified in the remaining paragraphs of, and the Annexes to, this Part of this Schedule. S

5.  The following definitions apply for the purposes of this Part of this Schedule as it relates to compensation payable for bovine animals– S

• “affected animal” means a bovine animal which is affected with a TSE;

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

• “bovine animal” means a bull, cow, steer, heifer or calf;

• “exposed animal” means a bovine animal which has been exposed to the infection of a TSE;

• “indicative market price” means a price calculated in accordance with Annex 1 to this Part of this Schedule;

• “market value” means–

  (a)

  in the case of a bovine 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 affected or suspected animal or an exposed animal; or

  (ii)

  the purchase price which would have applied had the animal been slaughtered at the time of valuation in accordance with Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom, as amended,

  whichever is the higher; and

  (b)

  in the case of a bovine 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 affected, suspected or exposed animal; and

• “suspected animal” means a bovine animal which is suspected of being affected with bovine spongiform encephalopathy.

6.  The compensation payable for an affected animal shall be an amount equal to either– S

(a) the market value of the animal; or

(b) the indicative market price for the month in which the market value of the animal was determined,

whichever is the less.

7.  Where a suspected animal is slaughtered and an examination at a veterinary laboratory nominated for this purpose by the Scottish Ministers of tissues taken from the carcase of the animal does not confirm that it was an animal affected with a TSE, the compensation shall be an amount equal to either– S

(a) the market value of the animal; or

(b) 125% of the indicative market price for the month in which the market value of the animal was determined,

whichever is the less.

8.  The market value of an affected or suspected bovine animal shall, for the purposes of payment of compensation under this Part of this Schedule, be determined– S

(a) by agreement between the Scottish Ministers and the owner of the animal;

(b) failing agreement by an arbiter appointed jointly by the Scottish Ministers and the owner of the animal; or

(c) failing such agreement or appointment, by an arbiter appointed by the President of the Institute of Auctioneers and Appraisers in Scotland and the liability for the costs of the arbiter shall be determined by the arbiter.

9.  An arbiter appointed or nominated under paragraph 8(b) or (c) above shall give to the Scottish Ministers and the owner a certificate in writing of the value of the animal valued under the appointment or nomination. S

10.  The Scottish Ministers shall take such steps as they consider appropriate for the purpose of bringing to the notice of persons concerned the indicative market price in respect of each month and the total number of animals and the total sale price on which the calculation of such indicative market price was based. S

11.  The compensation payable for an exposed animal shall be an amount equal to either– S

(a) in the case of a female animal, 90% of the replacement value of the animal calculated in accordance with paragraph 12 below, or, if higher, the market value of the animal; and

(b) in the case of a male animal, the market value of the animal,

enhanced, where the Scottish Ministers causes 10% or more of a herd to be slaughtered as exposed animals, by a percentage calculated in accordance with Annex 2 to this Part of this Schedule.

12.  For the purposes of paragraph 11(a) above the replacement value of a bovine animal is the value, at the time of valuation, of an animal in its first lactation of the same breed and quality as that animal. S

13.  For the purposes of paragraph 11 above and Annex 2 to this Part of this Schedule “herd” means the bovine animals kept on a holding which– S

(a) in the case of female animals, are in milk or in calf; and

(b) in the case of male animals, have been used for breeding purposes,

and are managed as a separate production unit at the time notice of the decision of the Scottish Ministers to slaughter the animal is given to the keeper or other person in charge of the animal.

14.  In ascertaining the percentage of a herd slaughtered for the purpose of calculating any enhancement under paragraph 11 above, animals slaughtered under any voluntary slaughter scheme introduced in relation to exposed animals shall be included in the calculation as if they were animals caused to be slaughtered by the Scottish Ministers. S

15.  The replacement value or market value, as the case may be, of a bovine animal which the Scottish Ministers causes to be slaughtered shall, for the purposes of payment of compensation under this Order, be determined– S

(a) by agreement between the Scottish Ministers and the owner of the animal;

(b) failing agreement by an arbiter appointed jointly by the Scottish Ministers and the owner of the animal; or

(c) failing such agreement or appointment, by an arbiter appointed by the President of the Institute of Auctioneers and Appraisers in Scotland and the liability for the costs of the arbiter shall be determined by the arbiter.

16.  A valuer appointed or nominated under paragraph 15(b) or (c) above shall give to the Scottish Ministers and the owner a certificate in writing of the value of the animal valued under the appointment or nomination. S

17.  Where an animal was certified by a veterinary surgeon before slaughter as– S

(a) requiring slaughter for emergency reasons relating to the welfare of the animal;

(b) not fit for human consumption by virtue of its condition; and

(c) having no market value as a consequence,

there shall be no compensation payable for the animal.

Paragraph 5

Annex 1 to Part III of Schedule 1 S CALCULATION OF INDICATIVE MARKET PRICE

The indicative market price for each month shall be calculated using data collected in Great Britain and relating to the month occurring two months before the date on which the market value was determined under paragraph 3 of this Part and in accordance with the following formula:

where–

A equals the number of cattle aged less than 7 years when valued which were slaughtered as BSE suspects;

B equals the average price for Friesian and Holstein cows in milk and in calf, first calving cows in milk and down calving heifers, in each case of first and second quality;

C equals the number of cattle aged 7 years or more when valued which were slaughtered as BSE suspects; and

D equals the average purchase price paid in the case of barrener cattle of dairy breeds slaughtered in accordance with Commission Regulation (EC) No. 716/96 adopting exceptional measures for the support of the beef market in the United Kingdom, as amended,

the final figure being rounded down to the nearest multiple of £1.

Paragraph 11

Annex 2 to Part III of Schedule 1 S CALCULATION OF ENHANCEMENT OF COMPENSATION

1.—(1) For bovine animals not in a closed herd, where the Scottish Ministers cause 10% or more of the herd to be slaughtered as exposed animals, the amount of compensation payable shall, subject to sub-paragraphs (2) and (3) below, be enhanced by (10+E)%, where E equals half the percentage by which the percentage of the herd caused to be slaughtered exceeds 10%. S

(2) Where the amount of compensation payable for a bovine animal exceeds £1,000, that amount shall be treated as £1,000 for the purpose of calculating under sub-paragraph (1) above the amount by which the amount of compensation payable should be enhanced.

(3) Where the calculation in sub-paragraph (1) above produces an enhancement percentage in excess of 25%, the amount of compensation payable shall be enhanced by 25%.

2.  For bovine animals in a closed herd, where the Scottish Ministers cause 10% or more of the herd to be slaughtered as exposed animals, the amount of compensation payable shall be enhanced by a percentage that is 1_ times the enhancement percentage produced by the calculation in paragraph 1 above. S

3.  In this Annex “closed herd” means a herd into which no female bovine animal has been introduced since 15th October 1990. S

Part IV S Compensation for carcases, parts of carcases or blood of TSE susceptible animals seized or disposed of under regulation 82

1.  Subject to paragraph 5 below, the compensation for any carcase, part of any carcase or any blood seized or disposed of under regulation 82 above shall be compensation to the owner of the carcase, part or blood of an amount equal to the value of the carcase, part or blood at the time it was seized or disposed of. S

2.  The value of any carcase, part or blood seized or disposed of under regulation 82 above shall be determined– S

(a) by agreement between the Scottish Ministers and the owner of the carcase, part or blood retained, seized or disposed of;

(b) failing agreement by an arbiter appointed jointly by the Scottish Ministers and the owner of the carcase, part or blood seized or disposed of; or

(c) failing such agreement or appointment, by an arbiter appointed by the President of the Institute of Auctioneers and Appraisers in Scotland and the liability for the costs of the arbiter shall be determined by the arbiter.

3.  The owner of a carcase, part of a carcase or blood seized or disposed of under regulation 82 shall pay any reasonable expenses incurred by the Scottish Ministers in connection with the seizure or disposal. S

4.  These expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part or blood seized or disposed of. S

5.  If the amount of these expenses exceed the amount of compensation payable to the owner, the Scottish Ministers shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Scottish Ministers. S

6.  The owner shall pay to the Scottish Ministers the amount of the excess within the period specified in the notice. S

7.  On the expiry of that period, the amount of the excess shall be recoverable as a debt by the Scottish Ministers from the owner. S

Part V S Compensation for any TSE suspect or confirmed animal or a first generation progeny of any such animal slaughtered under regulations 88 and 89

1.  The compensation payable for a TSE suspect or confirmed animal, or a first generation progeny of any such animal, slaughtered under regulations 88 and 89 above shall be an amount equal to the market value of the animal. S

2.  The market value of the animal shall be determined– S

(a) by agreement between the Scottish Ministers and the owner of the animal;

(b) failing agreement by an arbiter appointed jointly by the Scottish Ministers and the owner of the animal; or

(c) failing such agreement or appointment, by an arbiter appointed by the President of the Institute of Auctioneers and Appraisers in Scotland and the liability for the costs of the arbiter shall be determined by the arbiter.

3.  The arbiter appointed or nominated under paragraph 2(b) or (c) above shall give to the Scottish Ministers and the owner a certificate in writing of the value that arbiter has determined. S

4.  Where an animal was certified by a veterinary surgeon before slaughter as– S

(a) requiring slaughter for emergency reasons relating to the welfare of the animal;

(b) not fit for human consumption by virtue of its condition; and

(c) having no market value as a consequence,

there shall be no compensation payable for the animal.

Part VI S Compensation for seizure or disposal under regulation 90

1.  Subject to paragraph 5 below, the compensation for any– S

(a) carcase of a TSE suspect or confirmed animal or the carcase of a first generation progeny of any such animal;

(b) part of such a carcase or any blood derived from any such carcase or part; or

(c) semen, embryos or ova derived from any TSE suspect or confirmed animal,

seized or disposed of under regulation 90 above shall be compensation to the owner of the carcase, part, blood or semen, embryos or ova of an amount equal to the value of the carcase, part, blood or semen, embryos or ova at the time it was seized or disposed of.

2.  The value of any carcase, part, blood or semen, embryos or ova seized or disposed of under regulation 90 above shall be determined– S

(a) by agreement between the Scottish Ministers and the owner of the carcase, part, blood or semen, embryos or ova retained, seized or disposed of;

(b) failing agreement by an arbiter appointed jointly by the Scottish Ministers and the owner of the carcase, part, blood or semen, embryos or ova seized or disposed of; or

(c) failing such agreement or appointment, by an arbiter appointed by the President of the Institute of Auctioneers and Appraisers in Scotland and the liability for the costs of the arbiter shall be determined by the arbiter.

3.  The owner of a carcase, part, blood or semen, embryos or ova seized or disposed of under regulation 90 above shall pay any reasonable expenses incurred by the Scottish Ministers in connection with the seizure or disposal. S

4.  These expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part, blood or semen, embryos or ova seized or disposed of. S

5.  If the amount of these expenses exceed the amount of compensation payable to the owner, the Scottish Ministers shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Scottish Ministers. S

6.  The owner shall pay to the Scottish Ministers the amount of the excess within the period specified in the notice. S

7.  On the expiry of that period, the amount of the excess shall be recoverable as a debt by the Scottish Ministers from the owner. S

Regulation 10A

[F1 SCHEDULE 1A S REQUIREMENTS TO BE COVERED BY AGREEMENTS RELATING TO THE SLAUGHTER OF BOVINE ANIMALS OVER 30 MONTHS OF AGE

Textual Amendments

F1 Sch. 1A inserted (7.11.2005) by The TSE (Scotland) Amendment (No. 2) Regulations 2005 (S.S.I. 2005/469), regs. 1, 14, sch.

Animal identification and separation S

1.   There must be a reliable system for identifying on arrival at the slaughterhouse–

(a) bovine animals born before 1st August 1996;

(b) bovine animals born on or after 1st August 1996;

(c) bovine animals referred to in (a) or (b) which are to be slaughtered by order of a veterinary surgeon following an accident or serious physiological or functional problems;

(d) bovine animals referred to in (a) or (b) which are, or are suspected of, suffering from–

(i) a disease which is communicable to humans or animals; or

(ii) a disease or disorder of their general condition which is likely to make their meat unfit for human consumption;

(e) bovine animals referred to in (a) or (b) which have, or are suspected of having–

(i) had administered to them substances with pharmacological effects, or

(ii) consumed substances,

which may make their meat unfit for human consumption.

2.   There must be a reliable system for ensuring that no bovine animal born or reared in the United Kingdom before 1st August 1996 is slaughtered for human consumption.

3.   Bovine animals which are over 30 months of age but born on or after 1st August 1996 must be clearly identified.

4.   Bovine animals which are over 30 months of age but born on or after 1st August 1996 and the bovine animals which are 30 months of age and under must be separated into batches for separate slaughter.

Brain stem sampling S

5.   There must be sufficient slaughterhouse staff trained and competent in the taking, labelling, packaging and despatch of brain stem samples. Health and Safety guidelines to minimise the risk of exposure to bovine spongiform encephalopathy must be followed and hygienic facilities must be provided. Sampling procedures must not jeopardise the hygienic production of meat intended for human consumption.

Correlation of sample to carcase and all other body parts S

6.   There must be a reliable system for linking the brain stem sample of each bovine animal over 30 months of age to the carcase of that animal and all other parts of the body of that animal including the blood and the hide.

Retention of carcases and all other body parts S

7.   Unless there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there must be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that the carcase of a bovine animal tested for bovine spongiform encephalopathy (“the tested animal”) plus the carcases of–

(a) the bovine animal immediately preceding the tested animal, and

(b) the two bovine animals immediately following the tested animal,

on the slaughter line are retained in slaughter order either in a sealed chiller or on a sealed rail in an unsealed chiller, pending the receipt of the results of the rapid test.

8.   Where there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there must also be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that the carcase of a bovine animal tested for bovine spongiform encephalopathy is retained in either a sealed chiller or on a sealed rail in an unsealed chiller, pending receipt of the results of the rapid test.

9.   There must be a reliable system (including the provision of suitable and sufficient chiller space) for ensuring that–

(a) all parts of the body, including the blood and the hide, but excluding the carcase (“the body parts”) of a tested animal plus the body parts of–

(i) the bovine animal immediately preceding the tested animal on the slaughter line, and

(ii) the two bovine animals immediately following the tested animal on the slaughter line, and

(b) mixed batches of the body parts of a tested animal and any other bovine animal,

are disposed of by incineration or, with the exception of the hides, retained at the slaughterhouse until rapid test results are available.

10.   Hides not retained at the slaughterhouse must be retained at premises under official control until rapid test results are available.

Delivery of sample to testing laboratory S

11.   Brain stem samples for testing for bovine spongiform encephalopathy must be packaged and delivered to the approved testing laboratory in a testable condition. The samples shall be packaged and labelled in accordance with packaging instructions P650 of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (version applicable as from 1st January 2005).

Receipt of rapid test results by the slaughterhouse S

12.   There must be a system for the receipt of the correct test results from the laboratory, either by fax, or by other electronic means.

Action following a positive or ‘no test’ result S

13.   Unless there is a system in place at the slaughterhouse in question which prevents contamination between carcases, there must be effective arrangements to ensure that the carcase and all other parts of the body, including the blood and the hide (“the whole body”) of any bovine animal which tested positive for bovine spongiform encephalopathy (“the BSE positive animal”), plus the whole body of the bovine animal immediately preceding the BSE positive animal and of the two bovine animals immediately following the BSE positive animal on the slaughter line (including any batched materials), are identified and disposed of by incineration.

14.   Where there is a system in place at the slaughterhouse in question which prevents contamination between carcases, effective arrangements must be in place to ensure that the whole body of any BSE positive animal is identified and disposed of by incineration.

15.   Unless there is a system in place at the slaughterhouse in question which prevents contamination between carcases, effective arrangements must be in place to ensure that the whole body of any bovine animal, samples of which cannot be tested for any reason (“the no test animal”), plus the whole body, excluding the hide if separately identified, of the bovine animal immediately preceding the no test animal and of the two bovine animals immediately following the no test animal on the slaughter line (including any batched materials) are identified and disposed of by incineration.

16.   Where there is a system in place at the slaughterhouse in question which prevents contamination between carcases, effective arrangements must be in place to ensure that the whole body of any bovine animal, samples of which cannot be tested for any reason, is identified and disposed of by incineration.

Removal of vertebral column in cutting premises licensed under regulation 56(1) S

17.   Effective arrangements must be in place to ensure that the vertebral column is not removed from the carcase of a bovine animal over 30 months of age which has tested negative for bovine spongiform encephalopathy in the slaughterhouse but that it is removed from the carcase in cutting premises licensed under regulation 56(1).

Testing of the effectiveness of the controls put in place S

18.   Before the first occasion on which the occupier of a slaughterhouse slaughters a bovine animal over 30 months of age any part of which is intended for human consumption, there must be a test of all the control procedures referred to in the requirements set out in paragraphs 1 to 10 of this Schedule by means of a trial using bovine animals under 30 months old, which demonstrates that all of the control procedures are effective.]

Regulations 14(2)(a) and 16

SCHEDULE 2 S Conditions for the transport of fishmeal for feeding to farmed animals other than ruminants

1.  Fishmeal for use in the manufacture of feed for farmed animals other than ruminants shall be transported directly from the premises where the fishmeal is produced to the premises manufacturing the animal feed by means of a vehicle which at the same time is not used for the transport of other feed materials. S

2.  If a vehicle used for the transport of fishmeal for use in the manufacture of feed for farmed animals other than ruminants is subsequently used for the transport of other products, it shall be thoroughly cleaned and inspected before and after the transport of the fishmeal. S

3.  Intermediate storage of fishmeal is allowed only if it is carried out in dedicated storage plants. S

4.  Fishmeal imported from a third country for use in the manufacture of feed for farmed animals other than ruminants shall be transported directly from the border inspection post in accordance with the conditions laid down in Article 8 of Council Directive 97/78/EC M1 to the establishment manufacturing the animal feed by means of a vehicle which at the same time is not used for the transport of other feed materials. S

Marginal Citations

M1 O.J. No. L 24, 30.1.1998, p.9.

5.  If a vehicle used for the transport of fishmeal imported from a third country for use in the manufacture of feed for farmed animals other than ruminants is subsequently used for the transport of other products, it shall be thoroughly cleaned and inspected before and after the transport of the fishmeal. S

Regulation 17

SCHEDULE 3 S Conditions for the production of dicalcium phosphate for feeding to farmed animals other than ruminants

1.  Dicalcium phosphate for feeding to farmed animals other than ruminants shall be produced from defatted bones. S

2.  The dicalcium phosphate shall be derived from bones derived from animals fit for human consumption following ante- and post-mortem inspection. S

3.  The dicalcium phosphate shall be produced by a process which ensures that all bone material is finely crushed and degreased with hot water and treated with dilute hydrochloric acid (at a minimum concentration of 4% and pH<1.5) over a period of not less than two days followed by a treatment of the obtained phosphoric liquor with lime, resulting in a precipitate of dicalcium phosphate at pH 4 to 7, which is finally air dried with inlet temperature of 65°C–325°C and end temperature between 30°C–65°C or by an equivalent process approved in accordance with the procedure of Article 17 of Council Directive 89/662/EEC M2 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market. S

Marginal Citations

M2 O.J. No. L 395, 30.12.1989, p.13, as last amended by Directive 1992/118/EEC (O.J. No. L 62, 15.3.1993, p.49).

4.  Dicalcium phosphate for use in the manufacture of feed for farmed animals other than ruminants shall be transported by means of a vehicle which at the same time is not used for the transport of other feed materials. S

Regulation 17

SCHEDULE 4 S Conditions for the production of hydrolysed protein for feeding to farmed animals other than ruminants

1.  Hydrolysed protein from hides and skins shall– S

(a) be derived from hides and skins obtained from animals which have been slaughtered in a slaughterhouse and whose carcases have been found fit for human consumption following ante- and post-mortem inspection; and

(b) be produced by a production process which involves appropriate measures to minimise contamination of hides and skins, preparation of the raw material by brining, liming and intensive washing followed by exposure of the material to a pH of >11 for >3 hours at temperature >80°C and followed by heat treatment at >140°C for 30 minutes at >3.6 bar; or by an equivalent production process approved in accordance with the procedure of Article 17 of Council Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market.

2.  Hydrolysed protein from fish, feather, hides and skins shall be sampled after processing and found to have a molecular weight below 10,000 Dalton. S

3.  Hydrolysed protein for use in the manufacture of feed for farmed animals other than ruminants shall be transported by means of a vehicle which at the same time is not used for the transport of other feed materials. S

Regulation 30(4)

[F2 SCHEDULE 5 S Application of part IV of the Regulations to scheme animals

Textual Amendments

F2 Sch. 5 substituted (1.10.2003) by The Animal By-Products (Scotland) Regulations 2003 (S.S.I. 2003/411), reg. 1(1), sch. 5 Pt. 1 para. 7 (with reg. 50, sch. 4)

PROVISION OF THE REGULATIONS	EXTENT TO WHICH THE PROVISION APPLIES TO SCHEME ANIMALS
Regulation 34	Not applicable
Regulation 39(6)(b)	Not applicable
Regulation 56	Not applicable]

Regulation 55(2)(b), 66(1) to (2), 67(2)

F3 SCHEDULE 6 S Rendering requirements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 6 revoked (1.10.2003) by The Animal By-Products (Scotland) Regulations 2003 (S.S.I. 2003/411), reg. 1(1), sch. 6 (with reg. 50, sch. 4)

Regulation 84A

[F4 SCHEDULE 6A S Enforcement of Annex VII to the Community TSE Regulation

Textual Amendments

F4 Sch. 6A inserted (20.7.2004) by The TSE (Scotland) Amendment Regulations 2004 (S.S.I. 2004/277), regs. 1, 2(3), sch.

PART I S CONFIRMATION OF DISEASE

Competent authority for Annex VII of the Community TSE Regulation S

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 F5 ... Commission Regulation (EC) No. 260/2003 and Commission Regulation (EC) No. 1915/2003.

Textual Amendments

F5 Words 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 sheep S

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 goats S

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 holding S

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 grazing S

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.

[F6 Multiple flocks on a holding S

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

F6 Sch. 6A para. 5A inserted (10.3.2006) by The TSE (Scotland) Amendment Regulations 2006 (S.S.I. 2006/46), regs. 1, 5(2)

Confirmation of BSE in sheep or goats S

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.

[F7 Time for review S

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

F7 Sch. 6A para. 7 substituted (10.3.2006) by The TSE (Scotland) Amendment Regulations 2006 (S.S.I. 2006/46), regs. 1, 5(3)

Subsequent occupiers S

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.

PART II S MOVEMENT OF ANIMALS [F8 ON CONFIRMATION OF TSE]

Textual Amendments

F8 Words in sch. 6A Pt. 2 heading inserted (10.3.2006) by The TSE (Scotland) Amendment Regulations 2006 (S.S.I. 2006/46), regs. 1, 5(4)

Scope of measures in this Part S

9.   This Part shall have effect as soon as a notice has been served under Part I of this Schedule, irrespective of any review of such a notice.

Introduction of animals on to a holding S

10.   Any person who introduces an animal on to a holding in contravention of [F9 paragraph 4] of Annex VII shall be guilty of an offence.

Textual Amendments

F9 Words in sch. 6A para. 10 substituted (1.5.2005) by The TSE (Scotland) Amendment Regulations 2005 (S.S.I. 2005/173), regs. 1(1), 2(3)(b)

Use of ovine germinal products S

11.   Any person who uses ovine germinal products in contravention of [F10 paragraph 5] of Annex VII shall be guilty of an offence.

Textual Amendments

F10 Words in sch. 6A para. 11 substituted (1.5.2005) by The TSE (Scotland) Amendment Regulations 2005 (S.S.I. 2005/173), regs. 1(1), 2(3)(c)

Movement of animals from a holding S

12.   Any person who moves an animal from a holding in contravention of [F11 paragraph 7] of Annex VII shall be guilty of an offence.

Textual Amendments

F11 Words in sch. 6A para. 12 substituted (1.5.2005) by The TSE (Scotland) Amendment Regulations 2005 (S.S.I. 2005/173), regs. 1(1), 2(3)(d)

Time of movement restrictions S

13.   For the purposes of [F12 paragraph 8] of Annex VII the relevant dates shall be established by the Scottish Ministers giving written notification of those dates to the occupier of the holding.

Textual Amendments

F12 Words in sch. 6A para. 13 substituted (1.5.2005) by The TSE (Scotland) Amendment Regulations 2005 (S.S.I. 2005/173), regs. 1(1), 2(3)(e)

[F13 PART IIA S MOVEMENT RESTRICTIONS ON SUSPICION OF TSE

Textual Amendments

F13 Sch. 6A Pt. 2A and Pt 2B heading inserted (10.3.2006) by The TSE (Scotland) Amendment Regulations 2006 (S.S.I. 2006/46), regs. 1, 5(5)

Movement restrictions on suspicion of TSE S

13A.— (1) For the purposes of paragraph 3 of Annex VII, where TSE is suspected in an animal on a holding, an inspector–

(a) shall serve a notice prohibiting the movement of any sheep or goat from that holding; or

(b) if the inspector is satisfied that that holding is not likely to be the holding where the suspect animal could have been exposed to TSE, the inspector may serve a notice prohibiting the movement of any sheep or goat on to or from other holdings or only the holding of exposure.

PART IIB] S

[F14 Derogations S

14.— (1) In accordance with paragraph 9 of Annex VII, the occupier of a holding may apply to the Scottish Ministers in writing asking them to exercise one of the options permitted under that paragraph.

(2) An application under this paragraph shall be in writing and shall set out in full the reasons for the application.

(3) After they have considered an application under this paragraph, the Scottish Ministers shall serve a notice on the applicant giving their decision, which must either–

(a) consent to the application; or

(b) consent in part to the application; or

(c) refuse the application.

(4) The Scottish Ministers shall not exercise the option permitted under paragraph 7(c) of Annex VII.]

Textual Amendments

F14 Sch. 6A para. 14 substituted (10.3.2006) by The TSE (Scotland) Amendment Regulations 2006 (S.S.I. 2006/46), regs. 1, 5(6)

PART III S REVIEW

Notices S

15.   A notice served under any provision of this Schedule (other than one under paragraph 14(4)(a) above) shall–

(a) give the reasons for the decision of the Scottish Ministers; and

(b) explain the right of the person receiving the notice to make written representations to the Scottish Ministers within a period of 21 days beginning with the day on which the notice is served and to be heard by an independent person or persons appointed by the Scottish Ministers.

Review S

16.— (1) A person on whom a notice is served under any provision of this Schedule (other than one under paragraph 14(4)(a) above) may within a period of 21 days beginning with the day on which the notice is served–

(a) make written representations to the Scottish Ministers requesting a review of the decision on the basis of those representations; and

(b) give notice of whether or not that person wishes to appear before an independent person appointed by the Scottish Ministers.

(2) Where the person aggrieved gives notice of their wish to appear before and be heard by such an independent person–

(a) the Scottish Ministers shall appoint such an independent person or persons to hear representations and specify a time limit within which representations to the independent person must be made;

(b) the independent person or persons shall not, except with the consent of the person aggrieved, be an officer of the Scottish Ministers;

(c) if the person aggrieved so requests the hearing shall be in public; and

(d) if the person aggrieved so requests, the Scottish Ministers shall send to that person a copy of the report of the independent person or persons.

(3) The independent person or persons shall conduct the hearing in such form and manner as that person considers or those persons consider fit and thereafter shall report to the Scottish Ministers as to the findings of fact of that person or those persons and the recommendation of that person or those persons as to how to determine the review.

(4) The Scottish Ministers, having had regard to the written representations and the report (if any), shall determine the outcome of the review and shall give to the person aggrieved written notification of their final determination and the reasons for it.

[F15 PART IV S COMPENSATION

Textual Amendments

F15 Sch. 6A Pt. 4 substituted (10.3.2006) by The TSE (Scotland) Amendment Regulations 2006 (S.S.I. 2006/46), regs. 1, 5(7)

Compensation S

17.— (1) Compensation for animals killed and products destroyed under this Schedule shall be payable by the Scottish Ministers as specified in the following table as read with the Note on the rates:

Animal or product	Compensation (£)	Compensation (£)
	A	B
(i) In the case of a female sheep in respect of which the Scottish Ministers have granted a derogation under paragraph 9 of Annex VII the compensation shall be £30 if it is killed after the first year of the period of that derogation.
(ii) Where the Scottish Ministers have granted a derogation under paragraph 9 of Annex VII in respect of a ram, the compensation for a lamb in that flock shall be £25 if it is killed after the first year of the period of that derogation.
Male sheep or goat	90	90
Female sheep or goat	90	65
Lamb (under 12 months old) or kid (under 12 months old)	50	40
Embryos	150	150
Ova	5	5

Note on the rates S

The rate in Column A is payable if–

(i) the owner notifies the Divisional Veterinary Manager of an animal suspected of being affected by a TSE in accordance with regulation 77(1) on or before 9th March 2006, and the presence of a TSE is confirmed (whether before or after that date); and

(ii) the animal for which compensation is being paid was in the flock or herd on or before 9th March 2006.

The rate in Column B is payable in all other cases.

(2) If the owner of an animal killed under this Schedule considers the compensation specified in paragraph (1) is unreasonable–

(a) that owner may notify the Scottish Ministers of this;

(b) following such notification the owner may, at the owner’s own expense, obtain a valuation of the animal; and

(c) the expense of having a valuer nominated and the valuation carried out shall be at the owner’s expense.

(3) If the Scottish Ministers consider the compensation specified in paragraph (1) is excessive for an animal killed under this Schedule–

(a) they may notify the owner of this;

(b) following such notification the Scottish Ministers may, at their own expense, obtain a valuation of the animal; and

(c) the expense of having a valuer nominated and the valuation carried out shall be at the Scottish Minister’s expense.

(4) Any valuation to be obtained under sub paragraphs (2)(b) and (3)(b)–

(a) shall be obtained from a valuer nominated by the President of the Institute of Auctioneers and Appraisers in Scotland;

(b) that valuer shall value the animal at a value which might reasonably have been obtained for it at the time of valuation from a buyer in the open market if the animal was not from a herd or flock affected by a TSE;

(c) the owner and a representative of the Scottish Ministers shall have the right to be present at the valuation;

(d) the valuer shall submit the valuation and any other relevant information and documentation to the owner and the Scottish Ministers; and

(e) the valuation shall be binding on the owner and the Scottish Ministers.]]

Regulation 92

SCHEDULE 7 S Offspring Slaughter

Interpretation S

1.—(1) For the purposes of this Schedule–

• “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 M3 ;

• “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 M4 ;

• “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 paragraph 7 below:

• “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;

• “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 M5 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 M6 ;

• “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.

(2) For the purpose of calculating the compensation payable for an offspring animal, 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.

Marginal Citations

M3 O.J. No. L 148, 28.6.68, p. 24 (O.J. SE Vol. I, p.187); the last relevant amendment was made by Council Regulation (EC) No. 2222/96, O.J. No. L 296, 21.11.96, p.50.

M4 S.I. 1998/871 as amended by S.I. 1998/1796 , 2969, and 1999/1339

M5 O.J. No. L 99, 20.4.96, p.14, as amended by Commission Regulations (EC) Nos. 774/96 (O.J. No. L 104, 27.4.96, p.1), 835/96 (O.J. No. L 112, 7.5.96, p.17), 1512/96 (O.J. No. L 189, 30.7.96, p.93), 1846/96 (O.J. No. L 245, 26.9.96, p.9), 1974/96 (O.J. No. L 262, 16.10.96, p.2), 2149/96 (O.J. No. L 288, 9.11.96, p.14), 2423/96 (O.J. No. L 329, 19.12.96, p.43) and 1365/97 (O.J. No. L 188, 17.7.97, p.6).

M6 O.J. No. L 206, 12.8.77, p.8 to which there are amendments not relevant to these Regulations.

Requirements relating to offspring animals S

2.—(1) If an inspector is of the opinion that there is an offspring animal on any premises, that inspector may serve a notice in Form OC 1 on the person appearing to that inspector to be the owner or person in charge of that animal.

(2) On the service of a notice in Form OC 1–

(a) the requirements contained in that notice shall have effect; and

(b) the owner or person in charge of the animal who has been served with the notice shall surrender the cattle passport for the animal to an officer of the Scottish Ministers.

(3) The occupier of any premises and the employees of that occupier, and any person who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall–

(a) provide such reasonable facilities and reasonable assistance and comply with such reasonable requirements as are necessary to assist the inspector to form an opinion and carry out any inspection, examination, test, sampling or marking under this paragraph; and

(b) if so required by an inspector, or by an officer of the Scottish Ministers, give such information as that person 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; and

(iii) the location and movement of any animal or carcase which is or has been in the possession or charge of that person.

(4) If an animal to which a notice in Form OC 1 relates is moved from premises under a licence issued by an officer of the Scottish Ministers which is subject to a condition, the notice in Form OC 1 shall, providing the animal is moved in accordance with the condition, cease to have effect on the expiry of the period in respect of which the condition applies.

(5) A notice in Form OC 1 may at any time be withdrawn by a notice in Form OC 3 served by a veterinary inspector on the person appearing to that inspector to be the owner or person in charge of the animal to which the notice in Form OC 1 relates.

Notice of intended slaughter S

3.—(1) The Scottish Ministers may, if they think fit, cause any offspring animal to be slaughtered.

(2) Subject to paragraph (5) below, where the Scottish Ministers propose to cause an offspring animal to be slaughtered under this paragraph a veterinary inspector shall serve a notice of intended slaughter in Form OC 2 on the person appearing to that inspector to be the owner or person in charge of the animal specifying the premises at which the animal is to be slaughtered.

(3) Following the service of a notice in Form OC 2 an inspector may insert or administer an implant for the purpose of electronically tagging an offspring animal.

(4) No person except an inspector shall remove or otherwise interfere with an implant inserted or administered under paragraph (3) above.

(5) Where an animal is presented at any premises for slaughter for human consumption and a veterinary inspector is of the opinion that the animal is an offspring animal, the Scottish Ministers may cause the animal to be slaughtered under this paragraph without any notice in Form OC 2 being served on the owner or person in charge of the animal before it is slaughtered.

(6) Where an offspring animal is slaughtered in accordance with paragraph (5) above an inspector or officer of the Scottish Ministers shall, as soon as reasonably practicable thereafter, give notice to the owner or other person in charge of the carcase of the slaughtered animal that the animal has been slaughtered as an offspring animal.

(7) If an animal to which a notice in Form OC 2 relates is moved from premises under a licence issued by an officer of the Scottish Ministers which is subject to a condition, the notice in Form OC 2 shall, providing the animal is moved in accordance with the condition, cease to have effect on the expiry of the period in respect of which the condition applies.

(8) A notice in Form OC 2 may at any time be withdrawn by a notice in Form OC 3 served by a veterinary inspector on the person appearing to that inspector to be the owner or person in charge of the animal to which the notice in Form OC 2 relates.

Compensation for slaughtered offspring animals S

4.—(1) Subject to the provisions of this paragraph, where the Scottish Ministers cause an offspring animal to be slaughtered under paragraph 3 above the Scottish Ministers shall pay compensation in accordance with the provisions of this paragraph.

(2) The compensation payable for a pedigree offspring animal or a productive offspring animal shall be an amount equal to the market value of the animal.

(3) The compensation payable for a dairy offspring animal, a beef breeding offspring animal or a beef offspring animal shall be the percentage of the indicative market price for the month in which the animal is slaughtered specified in the table in paragraph 6 below for an animal of the description and age of the animal slaughtered; together with the amount (if any) specified in that table in respect of any beef special premium payable for the animal which has not been claimed.

(4) The market value of a pedigree offspring animal or a productive offspring animal shall, for the purposes of payment of compensation under these Regulations, be determined–

(a) by agreement between the Scottish Ministers and the owner of the animal;

(b) failing agreement by an arbiter appointed jointly by the Scottish Ministers and the owner of the animal; or

(c) failing such agreement or appointment, by an arbiter appointed by the President of the Institute of Auctioneers and Appraisers in Scotland and the liability for the costs of the arbiter shall be determined by the arbiter.

(5) An arbiter appointed or nominated for the purpose of this paragraph shall give to the Scottish Ministers and the owner a certificate in writing of the value that arbiter has determined.

(6) Where an offspring animal is slaughtered as an offspring animal and was certified before slaughter by a veterinary surgeon as–

(a) requiring slaughter for emergency reasons relating to the welfare of the animal;

(b) not fit for human consumption by virtue of its condition; and

(c) having no market value as a consequence,

there shall be no compensation payable for the animal under this paragraph.

(7) Where an offspring animal is slaughtered as an offspring animal and was certified in form OC 4 before slaughter by a veterinary surgeon as–

(a) requiring slaughter for emergency reasons relating to the welfare of the animal;

(b) not unfit for human consumption by virtue of its condition,

compensation shall be payable for the animal in accordance with the compensation payable under paragraph (3) above for a beef animal of the age of the animal slaughtered (without any amount in respect of beef special premium).

(8) Where a notice in Form OC 1 has been served on an offspring animal and the animal is slaughtered under section 17 of the Animal Health Act 1981 M7 in its application to brucellosis or tuberculosis as an affected animal, an animal exposed to the infection of brucellosis or tuberculosis or an animal which is a reactor, within the meaning of the Brucellosis and Tuberculosis Compensation (Scotland) Order 1978 M8 and the notice in Form OC 1 has been withdrawn by the time of such slaughter or is withdrawn at that time, the compensation payable for the animal shall be ascertained in accordance with the Order concerned.

(9) Where a notice in Form OC 1 has been served on an offspring animal and the animal is slaughtered under section 32 of the Animal Health Act 1981 in its application to the disease bovine spongiform encephalopathy as an animal affected or suspected of being affected with that disease, and the notice in Form OC 1 has been withdrawn by the time of such slaughter or is withdrawn at that time, the compensation payable for the animal shall be ascertained in accordance with the provisions of regulation 83 and Part III of Schedule 1 above.

(10) The Scottish Ministers shall take such steps as they consider appropriate for the purpose of bringing to the notice of such organisations as appear to them to be representative of owners of bovine animals–

(a) the indicative market price in respect of each month; and

(b) the number of animals and the sale price of the animals on which the calculation of such indicative market price was based.

Marginal Citations

M7 1981 c.22; section 35(1A) was inserted by section 1(2) of the Animal Health and Welfare Act 1984 (c.40).

M8 S.I. 1978/1485, amended by S.I. 1981/1448, S.I. 1996/1358 and S.I. 1998/2181.

Forms S

5.  The following forms shall be used for the purposes of this Schedule–

Table of compensation S

6.  The following table of compensation shall be used for the purposes of this Schedule–

Ascertainment of amount of compensation for dairy offspring animals, beef breeding offspring animals and beef offspring animals by reference to the indicative market price for the month of slaughter

Age (months)	Dairy	Beef breeding	Beef
			Basic scale	+	Slaughter premium	+	Steers	Bulls
							Not yet entered a claim for first beef special premium	Not yet entered a claim for second beef special premium	Not yet entered a claim for beef special premium
Less than 1	20% of IMP	20% of IMP	20% of IMP
1 – less than 3	30% of IMP	30% of IMP	30% of IMP	+	£30.04
3 – less than 6	40% of IMP	40% of IMP	40% of IMP	+	£30.04
6 – less than 7	50% of IMP	50% of IMP	50% of IMP	+	£30.04
7 – less than 8	50% of IMP	50% of IMP	50% of IMP	+		+	£90.13		£126.18
8 – less than 9	50% of IMP	50% of IMP	50% of IMP	+	£48.07	+	£90.13		£126.18
9 – less than 12	60% of IMP	60% of IMP	60% of IMP	+	£48.07	+	£90.13		£126.18
12 – less than 15	70% of IMP	70% of IMP	70% of IMP	+	£48.07	+	£90.13		£126.18
15 – less than 18	80% of IMP	80% of IMP	80% of IMP	+	£48.07	+	£90.13		£126.18
18 – less than 20	90% of IMP	90% of IMP	90% of IMP	+	£48.07	+	£90.13		£126.18
20 – less than 21	90% of IMP	90% of IMP	90% of IMP	+	£48.07	+		£90.13	£126.18
21 – less than 24	100% of IMP	100% of IMP	100% of IMP	+	£48.07	+		£90.13	£126.18
24 – less than 27	110% of IMP	110% of IMP	100% of IMP	+	£48.07	+		£90.13	£126.18
27 – less than 30	120% of IMP	120% of IMP	100% of IMP	+	£48.07	+		£90.13	£126.18
30 or over	130% of IMP	120% of IMP	OTMS rate	+	£48.07	+		£90.13	£126.18

Calculation of indicative market price S

7.  The indicative market price for each month shall be calculated using data collected in Great Britain relating to the month occurring two months before the month of slaughter and in accordance with the following formula:–

where–

A equals the number of cattle aged less than 7 years when valued which were slaughtered as BSE suspects;

B equals the average price for Friesian and Holstein cows in milk and in calf, first calving cows in milk and down calving heifers, in each case of first and second quality;

C equals the number of cattle aged 7 years or more when valued which were slaughtered as BSE suspects; and

D equals the average purchase price paid in the case of barrener cattle of dairy breeds slaughtered in accordance with Commission Regulation (EC) No. 716/96 adopting exceptional measures for the support of the beef market in the United Kingdom, as amended,

the final figure being rounded down to the nearest multiple of £1.

Regulation 101

SCHEDULE 8 S CONSEQUENTIAL AMENDMENTS

Part I S Amendment to the Welfare of Animals (Slaughter or Killing) Regulations 1995 M9

Marginal Citations

M9 S.I. 1995/539, as amended by S.I. 1995/731, 1763, 2148, 2200, 3124 and 3189, 1996/1148 and 2235, 1997/1729 and 2074, S.S.I.2000/62, 171 and 288.

For regulation 3A M10 (laceration of central nervous tissue after stunning), there is substituted–

“3A   Nothing in these Regulations shall be taken as permitting, on or after 19th June 2002, the laceration after stunning, of central nervous tissue by means of an elongated rod shaped instrument introduced into the cranial cavity of any bovine, ovine or caprine animal prior to slaughtering it for human or animal consumption, as prohibited by the TSE (Scotland) Regulations 2002.”.

Marginal Citations

M10 Regulation 3A was inserted by S.S.I. 2001/73.

Part II S Amendments to the Specified Risk Material Order 1997 M11

Marginal Citations

M11 S.I 1997/2964, as amended by S.S.I. 2000/344, 2001/4 and 2001/287.

1.  In the list of countries in article 3(3) (specified sheep or goat material) M12 , there are inserted in the appropriate alphabetical places– S

(a) “El Salvador”; and

(b) “Panama”.

Marginal Citations

M12 Article 3(3) was inserted by S.S.I. 2001/287.

2.  In article 4(5) (specified bovine material) M13 , “Austria, Finland or” is omitted. S

Marginal Citations

M13 Article 4(5) was inserted by S.S.I. 2001/287.

3.  In article 6(2A)(a) (import of class I specified risk material) M14 for “designated under regulation 15A of the Specified Risk Material Regulations 1997(a)”, there is substituted “ licensed under regulation 55(1) of the TSE (Scotland) Regulations 2002 ”. S

Marginal Citations

M14 Article 6(2A) was inserted by S.S.I. 2001/287.

4.  In the list of countries M15 in the declaration on the form in Schedule 2 (form of importation certificate), there are inserted in the appropriate alphabetical places– S

(a) “El Salvador”; and

(b) “Panama”.

Marginal Citations

M15 The list of countries in the declaration was inserted by S.S.I. 2001/287.

Part III S Amendment to the Cattle Identification Regulations 1998 M16

Marginal Citations

M16 S.I. 1998/871, as amended by S.I. 1998/1796, 1998/2969, 1999/1339, S.S.I. 2001/231 and 2002/1.

For regulation 26(1A) (animal deaths or lost or stolen animals) M17 , there is substituted–

“(1A) If a notifiable bovine animal with a cattle passport dies, the keeper will be treated as having complied with paragraph (1) above if, on notifying the fact in accordance with regulation 10(3) of the TSE (Scotland) Regulations 2002, the keeper surrenders the cattle passport to the Scottish Ministers or, where the Scottish Ministers have appointed an agent to receive notifications, to that agent.”.

Marginal Citations

M17 Regulation 26(1A) was inserted by S.S.I.2001/231.

F16 ... S

Textual Amendments

F16 Sch. 8 Pt. IV revoked (1.10.2003) by The Animal By-Products (Scotland) Regulations 2003 (S.S.I. 2003/411), reg. 1(1), sch. 6 (with reg. 50, sch. 4)

F16   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

F16   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

F16   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Part V S Amendment to the Feeding Stuffs (Scotland) Order 2000 M18

Marginal Citations

M18 S.S.I 2000/453, as amended by S.S.I. 2001/231 and 334.

For the definition of “mammalian meat and bone meal” in article 2(1) (interpretation), there is substituted–

““mammalian meat and bone meal” has the meaning given in article 3(1) of the TSE (Scotland) Regulations 2002;”.

Part VI S Amendment to the Cattle (Identification of Older Animals) (Scotland) Regulations 2001 M19

Marginal Citations

M19 S.S.I. 2001/1, as amended by S.S.I. 2001/231 and 2002/1 and 22.

For regulation 9(2) (notification of death) M20 , there is substituted–

“(2) If a notifiable bovine animal with a registration certificate dies, the keeper will be treated as having complied with paragraph (1) above if, on notifying the fact in accordance with regulation 10(3) of the TSE (Scotland) Regulations 2002, the keeper surrenders the registration certificate to the Scottish Ministers or, where the Scottish Ministers have appointed an agent to receive notifications, to that agent.”.

Marginal Citations

M20 Regulation 9(2) was inserted by S.S.I.2001/231.

Part VII S Amendment to the Rendering (Fluid Treatment) (Scotland) Order 2001 M21

Marginal Citations

M21 S.S.I. 2001/189.

In the definition of “animal by-product” in article 2 (interpretation), for “the Specified Risk Material Regulations 1997”, there is substituted “the TSE (Scotland) Regulations 2002.”

Regulation 102

SCHEDULE 9 S REVOCATIONS AND SAVINGS

Part I S Revocations

Column 1 – enactment	Column 2 – references	Column 3 – extent
The Bovine Spongiform Encephalopathy (No. 2) Order 1996	(S.I. 1996/3183)	The whole Order
The Bovine Spongiform Encephalopathy Compensation Order 1996	(S.I. 1996/3184)	The whole Order
The Specified Risk Material Order 1997	(S.I. 1997/2964)	Articles 5 and 7 to 14
The Specified Risk Material Regulations 1997	(S.I. 1997/2965)	The whole Regulations
The Bovine Spongiform Encephalopathy Compensation (Amendment) Order 1997	(S.I. 1997/2365)	The whole Order
The Specified Risk Material (Amendment) Regulations 1997	(S.I. 1997/3062)	The whole Regulations
The Bovine Spongiform Encephalopathy (No. 2) (Amendment) Order 1997	(S.I. 1997/2387)	The whole Order
The Fertilisers (Mammalian Meat and Bone Meal) Regulations 1998	(S.I. 1998/954)	The whole Regulations
The Fertilisers (Mammalian Meat and Bone Meal) (Conditions of Manufacture) Regulations 1998	(S.I. 1998/955)	The whole Regulations
The Sheep and Goats Spongiform Encephalopathy Order 1998	(S.I. 1998/1645)	The whole Order
The Sheep and Goats Spongiform Encephalopathy Regulations 1998	(S.I. 1998/1646)	The whole Regulations
The Sheep and Goats Spongiform Encephalopathy (Compensation) Order 1998	(S.I. 1998/1647)	The whole Order
The Specified Risk Material (Amendment) Regulations 1998	(S.I. 1998/2405)	The whole Regulations
The Specified Risk Material (Coming into Force Date) (Amendment) Regulations 1998	(S.I. 1998/2431)	The whole Regulations
The BSE Offspring Slaughter Regulations 1998	(S.I. 1998/3070)	The whole Regulations
The Bovine Spongiform Encephalopathy (No. 2) (Amendment) Order 1998	(S.I. 1998/3071)	The whole Order
The Specified Risk Material (Inspection Charges) Regulations 1999	(S.I. 1999/539)	The whole Regulations
The Animal By-Products Order 1999	(S.I. 1999/646)	Article 35(2) and Part II of Schedule 6
The Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999	(S.I. 1999/882)	The whole Regulations
The Bovine Spongiform Encephalopathy (No. 2) (Amendment) Order 1999	(S.I. 1999/921)	The whole Order
The Food Standards Act 1999 (Transitional and Consequential Provisions and Savings (Scotland) Regulations 2000	(S.S.I. 2000/62)	Regulation 6(10) and Part X of Schedule 4
The Specified Risk Material Order Amendment (Scotland) Regulations 2000	(S.S.I. 2000/344)	Regulation 2(6)
The Specified Risk Material Amendment (Scotland) Regulations 2000	(S.I. 2000/345)	The whole Regulations
The Specified Risk Material Amendment (Scotland) Regulations 2001	(S.I. 2001/3)	The whole Regulations
The Specified Risk Material Amendment (No. 2) (Scotland) Regulations 2001	(S.I. 2001/86)	The whole Regulations
The Specified Risk Material Amendment (No. 3) (Scotland) Regulations 2001	(S.I. 2001/288)	The whole Regulations
The BSE Monitoring (Scotland) Regulations 2001	(S.I. 2001/231)	Regulations 2 to 9
The Processed Animal Protein (Scotland) Regulations 2001	(S.S.I. 2001/276)	Regulations 4 to 9, 12 to 16, 26 and Schedules 1, 2 and 3
The Restriction on Pithing (Scotland) Regulations 2001	(S.S.I. 2001/73)	The whole Regulations
The Processed Animal Protein (Scotland) Amendment Regulations 2001	(S.S.I. 2001/383)	Regulation 2(2)
The Sheep and Goats Spongiform Encephalopathy (Compensation) Amendment (Scotland) Order 2001	(S.S.I. 2001/458)	The whole Order
The BSE Monitoring (Scotland) Amendment Regulations 2002	(S.S.I. 2002/1)	Regulation 2

Regulation 102(2)

Part II S Savings of things done under the Bovine Spongiform Encephalopathy (No. 2) Order 1996 M22 and the Bovine Spongiform Encephalopathy Compensation Order 1996 M23

Marginal Citations

M22 S.I. 1996/3183, as amended by S.I. 1997/2387, S.I. 1998/3071 and S.I. 1999/646 and 921.

M23 S.I. 1996/3184, as amended by S.I. 1997/2365.

1.  Any notice issued under the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and having effect at the coming into force of these Regulations to prohibit or restrict the movement of an animal shall have effect as if it were a notice issued under regulation 79 of these Regulations to prohibit or restrict the movement of the animal; and a requirement of such a notice shall have effect as if it were a requirement of a notice issued under regulation 79 of these Regulations. S

2.  Any licence issued under the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and having effect at the coming into force of these Regulations to permit the movement of an animal shall have effect as if it were a licence issued under regulation 79 of these Regulations. S

3.  Any notice of intended slaughter of– S

(a) an affected or suspected animal in Form C; or

(b) an exposed animal in Form F,

issued under the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and having effect at the coming into force of these Regulations shall have effect as if it were a notice of intended slaughter of the animal issued under regulation 81(1) of these Regulations.

4.  Any notice of confirmation of intention to slaughter in Form G issued under the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and having effect at the coming into force of these Regulations shall have effect as if it were a notice of confirmation of intended to slaughter issued under regulation 81(2)(b) of these Regulations. S

5.  Any notice requiring any cleansing and disinfection issued under article 9 of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and having effect at the coming into force of these Regulations shall have effect as if it were a notice issued under regulation 93 of these Regulations. S

6.  Any licence issued under article 12(2)(b) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and having effect at the coming into force of these Regulations to permit the feeding to an animal or poultry of milk for research purposes in a research establishment shall have effect as if it were a licence issued under regulation 84(2)(b) of these Regulations. S

7.  Any licence issued under article 13(2) or 14(5) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and having effect at the coming into force of these Regulations to permit the feeding to an animal of any feedingstuff for research purposes in a research establishment shall have effect as if it were a licence issued under regulation 11(2) or 12(5) of these Regulations. S

8.  Any notice issued under article 16(1) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and having effect at the coming into force of these Regulations, requiring the disposal of any mammalian meat and bone meal or any MBM product and any other material with which it has come into contact, shall have effect as if it were a notice issued under regulation 29(2) of these Regulations. S

9.  Any notice issued under article 16(2) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and having effect at the coming into force of these Regulations, requiring the collection and transport of any feedingstuff, shall have effect as if it were a notice issued under regulation 29(3) of these Regulations. S

10.  Any requirement to keep a record in relation to consignments of mammalian meat and bone meal or any such product under article 17 of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and having effect at the coming into force of these Regulations shall have effect as if it were a requirement to keep a record under regulation 26 of these Regulations. S

11.  The compensation payable in respect of any bovine animal slaughtered before the coming into force of these Regulations pursuant to the exercise by the Scottish Ministers of powers under section 32(1) of the Animal Health Act 1981 shall be calculated in accordance with the provisions of the Bovine Spongiform Encephalopathy Compensation Order 1996. S

Regulation 102(3)

Part III S Savings of things done under the Specified Risk Material Order 1997 M24

Marginal Citations

M24 S.I. 1997/2964, as amended by S.S.I. 2000/344 and 2001/4 and 287.

1.  Any licence issued under article 8(5) of the Specified Risk Material Order 1997 and having effect at the coming into force of these Regulations to permit the feeding to any creature of any specified risk material or feedingstuff for research purposes in a research establishment shall have effect as if it were a licence for the purposes of regulation 47(6) of these Regulations. S

2.  Any approval issued under article 10(1) of the Specified Risk Material Order 1997 and having effect at the coming into force of these Regulations shall have effect as if it were a licence issued under regulation 56(1) of these Regulations. S

3.  Any approval issued under article 12(2) of the Specified Risk Material Order 1997 and having effect at the coming into force of these Regulations shall have effect as if it were an approval issued under regulation 51(2) of these Regulations. S

Regulation 102(4)

Part IV S Savings of things done under the Specified Risk Material Regulations 1997 M25

Marginal Citations

M25 S.I. 1997/2965, as amended by S.I. 1997/3062, 1998/2405 (as amended by S.I. 1998/2431) and 1999/539, and S.S.I. 2000/62, 323 and 345 and 2001/3, 86 and 288.

1.  Any approval by the Scottish Ministers under regulation 6(1) of the Specified Risk Material Regulations 1997 and having effect at the coming into force of these Regulations shall have effect as if it were a licence issued under regulation 55(1) or 56(1) of these Regulations. S

2.  Any authorisation by the Agency under regulation 6(2) of the Specified Risk Material Regulations 1997 and having effect at the coming into force of these Regulations shall have effect as if it were a licence issued under regulation 55(1) of these Regulations. S

3.  Any authorisation by the Agency under regulation 15(7) of the Specified Risk Material Regulations 1997 and having effect at the coming into force of these Regulations shall have effect as if it were a licence issued under regulation 55(1) of these Regulations. S

4.  Any designation by the Agency under regulation 15A(4) and (5) of the Specified Risk Material Regulations 1997 and having effect at the coming into force of these Regulations shall have effect as if it were a licence issued under regulation 55(1) of these Regulations. S

5.  Any appointment by the Agency of a meat technician under regulation 16(4) of the Specified Risk Material Regulations 1997 and having effect at the coming into force of these Regulations shall have effect as if it were an appointment of the meat technician under regulation 41(4) of these Regulations. S

6.  Any appointment by the Agency of a meat technician under regulation 18(5) of the Specified Risk Material Regulations 1997 and having effect at the coming into force of these Regulations shall have effect as if it were an appointment of the meat technician under regulation 42(5) of these Regulations. S

7.  Any written directions for the disposal of specified risk material in a safe manner under regulation 26(1) of the Specified Risk Material Regulations 1997 and having effect at the coming into force of these Regulations shall have effect as if they were such directions under regulation 72(1) of these Regulations. S

8.  Any approval of the storage of specified risk material under regulation 28(2) of the Specified Risk Material Regulations 1997 and having effect at the coming into force of these Regulations shall have effect as if it were an approval issued under regulation 51(2) of these Regulations. S

Regulation 102(5)

Part V S Savings of things done under the Fertilisers (Mammalian Meat and Bone Meal) (Conditions of Manufacture) Regulations 1998 M26

Marginal Citations

M26 S.I. 1998/955.

1.  Any appointment of an authorised officer under regulation 9(1) of the Fertilisers (Mammalian Meat and Bone Meal) (Conditions of Manufacture) Regulations 1998 and having effect at the coming into force of these Regulations shall have effect as if it were an appointment of that officer as an inspector for the purposes of these Regulations. S

2.  Any appointment of a person under section 67(3)(a) of the Agriculture Act 1970 M27 , deemed by virtue of regulation 9(3) of the Fertilisers (Mammalian Meat and Bone Meal) (Conditions of Manufacture) Regulations 1998 to be a person appointed under regulation 9(1) of those Regulations and having effect at the coming into force of these Regulations, shall have effect as if it were an appointment of that person as an inspector for the purposes of these Regulations. S

Marginal Citations

M27 1970 c.40. Section 67 was amended by paragraph 85(2) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39) and S.S.I. 2001/334.

Regulation 102(6)

Part VI S Savings of things done under the Sheep and Goats Spongiform Encephalopathy Order 1998 M28 , the Sheep and Goats Spongiform Encephalopathy Regulations 1998 M29 and the Sheep and Goats Spongiform Encephalopathy (Compensation) Order 1998 M30

Marginal Citations

M28 S.I. 1998/1645.

M29 S.I. 1998/1646.

M30 S.I. 1998/1647 as amended by S.S.I. 2002/1.

1.  Any notice issued under article 4 or 5 of the Sheep and Goats Spongiform Encephalopathy Order 1998 and having effect at the coming into force of these Regulations to prohibit or restrict the movement of an animal shall have effect as if it were a notice issued under regulation 79 of these Regulations to prohibit or restrict the movement of the animal; and a requirement of such a notice shall have effect as if it were a condition of a notice issued under regulation 79 of these Regulations. S

2.  Any licence issued under the Sheep and Goats Spongiform Encephalopathy Order 1998 and having effect at the coming into force of these Regulations to permit the movement of an animal shall have effect as if it were a licence issued under regulation 79 of these Regulations. S

3.  Any notice requiring any cleansing and disinfection issued under article 6 of the Sheep and Goats Spongiform Encephalopathy Order 1998 and having effect at the coming into force of these Regulations shall have effect as if it were a notice issued under regulation 93 of these Regulations. S

4.  Any notice of intended slaughter of an affected or suspected animal in Form C served under article 7 the Sheep and Goats Spongiform Encephalopathy Order 1998 and having effect at the coming into force of these Regulations shall have effect as if it were a notice of intended slaughter of the animal issued under regulation 81(1) of these Regulations. S

5.  Any appointment of a veterinary inspector for the purposes of the Sheep and Goats Spongiform Encephalopathy Regulations 1998 by the appropriate Minister (within the meaning of those Regulations) and having effect at the coming into force of these Regulations shall have effect as if it were an appointment of that veterinary inspector as a veterinary inspector by the Scottish Ministers for the purposes of these Regulations. S

6.  The compensation payable in respect of any sheep or goat slaughtered before the coming into force of these Regulations pursuant to the exercise by the Scottish Ministers of powers under section 32(1) of the Animal Health Act 1981 shall be calculated in accordance with the provisions of the Sheep and Goats Spongiform Encephalopathy (Compensation) Order 1998. S

Regulation 102(7)

Part VII S Savings of things done under the Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999 M31

Marginal Citations

M31 S.I. 1999/882 as amended by S.S.I. 2001/276.

Any appointment of an authorised officer for the purposes of the Bovine Spongiform Encephalopathy (Feeding Stuffs and Surveillance) Regulations 1999 by the appropriate Minister (within the meaning of those Regulations) or a local authority and having effect at the coming into force of these Regulations shall have effect as if it were an appointment of that officer as an inspector by the Scottish Ministers or the local authority (as the case may be) for the purposes of these Regulations.

Regulation 102(8)

Part VIII S Savings of things done under the BSE Monitoring (Scotland) Regulations 2001 M32

Marginal Citations

M32 S.S.I. 2001/231, as amended by S.S.I. 2002/1.

1.  Any appointment of an inspector for the purposes of the BSE Monitoring (Scotland) Regulations 2001 by the Scottish Ministers or a local authority and having effect at the coming into force of these Regulations shall have effect as if it were an appointment of that inspector by the Scottish Ministers or the local authority (as the case may be) as an inspector for the purposes of these Regulations. S

2.  Any appointment of a veterinary inspector for the purposes of the BSE Monitoring (Scotland) Regulations 2001 by the Scottish Ministers and having effect at the coming into force of these Regulations shall have effect as if it were an appointment of that veterinary inspector as a veterinary inspector by the Scottish Ministers for the purposes of these Regulations. S

3.  Any appointment of an agent under regulation 3 of the BSE Monitoring (Scotland) Regulations 2001 by the Scottish Ministers to receive notifications under that regulation and having effect at the coming into force of these Regulations shall have effect as if it were an appointment of that agent by the Scottish Ministers under regulation 10 of these Regulations to receive notifications under that regulation. S

Regulation 102(9)

Part IX S Savings of things done under the Processed Animal Protein (Scotland) Regulations 2001 M33

Marginal Citations

M33 S.S.I. 2001/276 as amended by S.S.I. 2001/383.

1.  Any approval by the Scottish Ministers under regulation 5 of the Processed Animal Protein (Scotland) Regulations 2001 and having effect at the coming into force of these Regulations shall have effect as if it were an approval by the Scottish Ministers under regulation 16 of these Regulations. S

2.  Any approval by the Scottish Ministers under regulation 6 of the Processed Animal Protein (Scotland) Regulations 2001 and having effect at the coming into force of these Regulations shall have effect as if it were an approval by the Scottish Ministers under regulation 17(1) of these Regulations. S

3.  Any approval by the Scottish Ministers under regulation 7 of the Processed Animal Protein (Scotland) Regulations 2001 and having effect at the coming into force of these Regulations shall have effect as if it were an approval by the Scottish Ministers under regulation 17(2) of these Regulations. S

4.  Any authorisation of premises for the purposes of paragraph 6 of Annex I to the Commission Decision by the Scottish Ministers under regulation 13(2) of the Processed Animal Protein (Scotland) Regulations 2001 and having effect at the coming into force of these Regulations shall have effect as if it were a registration of the premises for those purposes by the Scottish Ministers under regulation 23(1)(b) of these Regulations. S

5.  Any authorisation of premises for the purposes of paragraph 3 of Annex II to the Commission Decision by the Scottish Ministers under regulation 14(2) of the Processed Animal Protein (Scotland) Regulations 2001 and having effect at the coming into force of these Regulations shall have effect as if it were a registration of the premises for those purposes by the Scottish Ministers under regulation 24(1)(b) of these Regulations. S

6.  Any authorisation of premises for the purposes of paragraph 2 of Annex III to the Commission Decision by the Scottish Ministers under regulation 15(2) of the Processed Animal Protein (Scotland) Regulations 2001 and having effect at the coming into force of these Regulations shall have effect as if it were a registration of the premises for those purposes by the Scottish Ministers under regulation 24(2)(b) of these Regulations. S

7.  Any appointment of an inspector for the purposes of the Processed Animal Protein (Scotland) Regulations 2001 by the Scottish Ministers or a local authority and having effect at the coming into force of these Regulations shall have effect as if it were an appointment of that inspector as an inspector by the Scottish Ministers or the local authority (as the case may be) for the purposes of these Regulations. S

8.  Any appointment of a veterinary inspector for the purposes of the Processed Animal Protein (Scotland) Regulations 2001 by the Scottish Ministers and having effect at the coming into force of these Regulations shall have effect as if it were an appointment of that veterinary inspector as a veterinary inspector by the Scottish Ministers for the purposes of these Regulations. S