Inability to exclude BSE in sheep or goats
9.—(1) This paragraph applies if a TSE is confirmed in a suspect sheep or goat, or a body of a sheep or goat monitored under Annex III to the EU TSE Regulation, and BSE cannot be excluded by the results of a ring trial carried out in accordance with the procedure set out in Chapter C, point 3(2)(c) of Annex X to that Regulation.
(2) The Secretary of State, after carrying out the inquiry specified in Article 13(1)(b) of, and point 1(b) of Annex VII to, the EU TSE Regulation, must serve a notice on the occupier of the holding informing them of the Secretary of State’s intention to have the animals killed and destroyed, and the embryos and ova destroyed and the milk and milk products destroyed, in accordance with Article 13(1)(c), and point 2(3)(a) of Annex VII to that Regulation.
(3) In sub-paragraph (2) “milk and milk products” means the milk and milk products that derived from the animals that were present on the relevant holding on and from the date on which notice was served under paragraph 4(1)(d).
(4) The appeals procedure in regulation 10 applies.