The Transmissible Spongiform Encephalopathies (Wales) Regulations 2006 (revoked)

Regulation 7

SCHEDULE 4 E+W Control and eradication of TSE in sheep and goats

Notification of TSE E+W

1.—(1) For the purposes of Article 11 of the Community TSE Regulation, any person who has in his or her possession or under his or her control any sheep or goat suspected of being affected with a TSE must immediately notify the National Assembly and detain it on the premises until it has been examined by a veterinary inspector.

(2) Any veterinary surgeon who examines or inspects any such animal must, with all practical speed, notify the National Assembly.

(3) Any person (other than the National Assembly) who examines the body of any sheep or goat, or any part of it, in a laboratory and who reasonably suspects the presence of a TSE must immediately notify the National Assembly, and retain the body and any parts of it until a veterinary inspector has authorised disposal.

(4) Failure to comply with this paragraph is an offence.

Restriction of a notified animal E+W

2.—(1) If an animal is notified under paragraph 1, pending determination of whether or not it is suspected of being affected with a TSE, a veterinary inspector may serve a notice prohibiting the movement of that animal from its holding, and the movement of any other sheep or goat on to or from that holding.

(2) Movements of restricted animals are only permitted in accordance with regulation 20.

Slaughter of a suspect animal E+W

3.—(1) For the purposes of paragraphs (1) and (2) of Article 12 of the Community TSE Regulation, if a veterinary inspector suspects that a sheep or goat is affected with a TSE, he or she must either–

(a) kill it on the holding immediately;

(b) serve a notice prohibiting the animal from being moved from the holding until it has been killed; or

(c) serve a notice directing the owner to consign it to other premises for killing and prohibiting movement other than in accordance with that direction.

(2) In accordance with Article 12(3) of the Community TSE Regulation, if the animal is killed on the holding, it is an offence to remove the body from the holding except in accordance with a written direction from an inspector.

Movement restrictions E+W

4.—(1) For the purposes of point 3 of Annex VII to the Community TSE Regulation, and Article 12(1) of that Regulation, following suspicion of a TSE (whether in a live animal or through the monitoring under Annex III to the Community TSE Regulation), an inspector–

(a) must serve a notice–

(i) prohibiting the movement on to or from its holding of any sheep or goat on the same holding as the suspect animal if he or she considers that the animal was exposed to a TSE on that holding; or

(ii) if the animal came from another holding, and he or she considers that the animal may have been exposed to a TSE on that holding, may serve such a notice either on that holding and on the same holding as the suspect animal, or only the holding of exposure; and

(b) must serve a notice prohibiting movement on to or from a holding where an animal specified in point 1(b) of Annex VII to the Community TSE Regulation is kept or where he suspects such an animal is kept.

(2) Movements of restricted animals are only permitted in accordance with regulation 20.

Action where TSE is not confirmed E+W

5.  If it is confirmed that the animal was not affected with a TSE, the inspector must remove all restrictions imposed because of the suspect animal.

Confirmation of TSE in sheep E+W

6.—(1) If it is confirmed that a suspect sheep, or a body of a sheep monitored under Annex III to the Community TSE Regulation, is affected with a TSE, the National Assembly, after–

(a) carrying out the inquiry specified in Article 13(1)(b) of the Community TSE Regulation and in point 1(b) of Annex VII to that Regulation; and

(b) sampling the animals to establish their genotype (if this is necessary),

must decide which of the options set out in points 2(b)(i) and (ii) of Annex VII to the Community TSE Regulation it intends to exercise.

(2) It must then serve a notice on the occupier of the holding informing him or her of which of the options in those paragraphs it intends to exercise.

(3) The notice must 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 identity of any ovum or embryo to be destroyed;

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

(f) the right to apply for a derogation in accordance with paragraph 22(2).

(4) The appeals procedure in regulation 14 applies.

Confirmation of TSE in goats E+W

7.—(1) If it is confirmed that a suspect goat, or a body of a goat monitored under Annex III to the Community TSE Regulation, is affected with TSE, the National Assembly, after carrying out the inquiry specified in Article 13(1)(b) of that Regulation and in point 1(b) of Annex VII to that Regulation, must serve a notice on the occupier of the holding informing him or her that it intends to kill and destroy all the goats on the holding and all embryos and ova from those animals in accordance with Article 13(1)(c) of, and point 2(b)(i) of Annex VII to that Regulation.

(2) The appeals procedure in regulation 14 applies.

Confirmation of BSE in sheep or goats E+W

8.—(1) If BSE is confirmed in a sheep or goat on a holding, the National Assembly, after carrying out the inquiry specified in Article 13(1)(b) of the Community TSE Regulation and point 1 of Annex VII to that Regulation, must serve a notice on the occupier of the holding informing him or her of its intention to kill and destroy the animals, embryos and ova in accordance with Article 13(1)(c) of, and point 2(c) of Annex VII to that Regulation.

(2) The appeals procedure in regulation 14 applies.

Time for appeals E+W

9.  The National Assembly must not kill any sheep or goat, or destroy any ovum or embryo, under this Schedule until–

(a) it has received written notification from the person on whom the notice is served that that person has no intention to proceed with an appeal;

(b) after the 21 day period for appeal under regulation 14 is completed; or

(c) if there is an appeal, the appeal is determined or withdrawn.

Killing and destruction following confirmation E+W

10.—(1) An inspector must ensure that all the animals specified for killing in the notice in paragraphs 6(2), 7 or 8 are killed and that all the ova and embryos specified for destruction in the notice are destroyed.

(2) If an animal is not killed on the holding, an inspector must direct the owner in writing to consign it to other premises for killing as specified in the direction.

(3) When an animal has been killed under this paragraph, it is an offence to remove the body from the premises on which it was killed except in accordance with a written direction from an inspector.

Infected animals from another holding E+W

11.  For the purposes of point 2(b)(iii) of Annex VII to the Community TSE Regulation, if the infected animal was introduced from another holding, the National Assembly may act in accordance with this Schedule in relation to the holding of origin in addition to, or instead of, the holding on which infection was confirmed.

Common grazing E+W

12.  In the case of infected animals on common grazing, the National Assembly may limit a notice under paragraphs 6(2) or 7(1) to an individual flock in accordance with point 2(b)(iii) of Annex VII to the Community TSE Regulation.

Multiple flocks on a holding E+W

13.  Where more than one flock is kept on a single holding, the National Assembly may limit a notice under paragraphs 6(2) or 7(1) to an individual flock in accordance with point 2(b)(iii) of Annex VII to the Community TSE Regulation.

Subsequent occupiers E+W

14.  If there is a change in occupation of the holding, the previous occupier must ensure that the subsequent occupier is made aware of the existence and contents of any notice served under this Schedule, and failure to do so is an offence.

Introduction of animals on to a holding E+W

15.  Any person who introduces an animal on to a holding in contravention of point 4 of Annex VII to the Community TSE Regulation is guilty of an offence.

Use of ovine germinal products E+W

16.  Any person who uses ovine germinal products in contravention of point 5 of Annex VII to the Community TSE Regulation is guilty of an offence.

Movement of animals from a holding E+W

17.  Any person who moves an animal from a holding in contravention of point 7 of Annex VII to the Community TSE Regulation is guilty of an offence.

Time of movement restrictions E+W

18.  For the purposes of point 8 of Annex VII to the Community TSE Regulation the relevant dates must be established by the National Assembly giving written notification of those dates to the occupier of the holding.

Death while under restriction E+W

19.  If any animal aged 18 months or over dies or is killed while it is under restriction for any reason under this Schedule or Annex VII to the Community TSE Regulation, the owner must immediately notify the National Assembly, and retain the body on the premises until he or she is directed in writing to move or dispose of it by the National Assembly, and it is an offence not to comply with this paragraph or to fail to comply with a direction under it.

Placing on the market of progeny of BSE affected sheep and goats E+W

20.  Any person who places on the market any BSE affected sheep or goat in contravention of Article 15(2) of the Community TSE Regulation and Chapter B of Annex VIII to that Regulation is guilty of an offence.

Notification while the holding is under restriction E+W

21.—(1) For the purposes of point 8(d) of Annex VII to the Community TSE Regulation, for the period that the holding is under restriction in accordance with point 8 of that Annex, if the owner intends to consign a sheep aged 18 months or more for slaughter for human consumption, he or she must notify the National Assembly at least four weeks before consignment.

(2) He or she must not consign a sheep aged 18 months or more for killing or slaughter for human consumption except under a written direction from the National Assembly, and must do so in accordance with that direction.

(3) Failure to comply with this paragraph is an offence.

Derogations E+W

22.—(1) The National Assembly must not exercise the option permitted under point 7(c) of Annex VII to the Community TSE Regulation.

(2) The occupier of a holding may apply to the National Assembly asking it to exercise one or both of the options permitted under point 9 of that Annex.

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

(4) The National Assembly must give the applicant its decision in writing, which must state that it either–

(a) consents to the application;

(b) consents in part to the application; or

(c) refuses the application.

(5) Unless the National Assembly consents to the application in full, the appeals procedure in regulation 14 applies.