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The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010

Type Scottish-Statutory-Instrument

Publication 2010-05-05

Last updated 2020-12-31

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Made: 5th May 2010

Laid before the Scottish Parliament: 6th May 2010

Coming into force: 28th May 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references to the EU instruments referred to in Schedule 1 to be construed as references to those instruments as amended from time to time.

The Scottish Ministers have carried out consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety .

PART 1 — General provisions

Citation, commencement and extent

1

(1) These Regulations may be cited as the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010 and come into force on 28th May 2010.

(2) These Regulations extend to Scotland only.

Interpretation

2

(1) In these Regulations—

“approved research premises” means premises approved for research purposes by the Scottish Ministers;

“bovine animal” includes bison and buffalo (including water buffalo);

“BSE” means bovine spongiform encephalopathy;

“bulk” means not enclosed or wrapped in packaging;

“cattle passport” has the same meaning as in the Cattle Identification (Scotland) Regulations 2007 ;

“Commission Decision 2007/411/EC” means Commission Decision 2007/411/EC prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1st August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in Regulation (EC) No. 999/2001 and repealing Decision 2005/598/EC;

“cutting plant” (except in Schedule 7, paragraph 9(3)(b)(iii)) has the meaning given to it in paragraph 1(17) of Annex 1 to Regulation (EC) No. 853/2004 , and is an establishment that is—approved or conditionally approved as such by the Food Standards Scotland under Article 148 of Regulation (EU) 2017/625 ; oroperating as such under Article 4(5) of Regulation (EC) No. 853/2004, pending such approval;

“EU TSE Regulation” means Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies , as read with—Commission Decision 2007/411/EC;Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk ; andCommission Decision 2009/719/EC authorising certain Member States to revise their annual BSE monitoring programmes ;

“inspector” means an inspector appointed under regulation 12, and “veterinary inspector” means a veterinary surgeon appointed by the Scottish Ministers as an inspector;

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

“offal” has the meaning given to it in point 1.11 of Annex I to Regulation (EC) No. 853/2004 (definitions);

“premises” includes—domestic premises if they are being used for any purpose in connection with the EU TSE Regulation or these Regulations;land and outbuildings;a slaughterhouse;a cutting plant;a place that is, for the purposes of point 4.1(a) of Annex V to the EU TSE Regulation (removal of specified risk material), an other place of slaughter; andany vehicle, container or structure (moveable or otherwise);

“Regulation (EC) No. 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin, as read with—Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC;Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs , as last amended by Commission Implementing Regulation (EU) No 1223/2011;Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 , as last amended by Commission Regulation (EU) 2017/1980;...

“Regulation (EU) 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products

“Regulation (EC) No1069/2009” means Regulation (EC) No1069/2009 of the European Parliament and of the Council laying down health rules concerning animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) , as last amended by Regulation (EU) No 2017/625;

“Regulation (EU) No 142/2011” means Commission Regulation (EU) No142/2011 implementing Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by‑products and derived products not intended for human consumption and implementing Council Directive 97/78/EC as regards certain samples and items exempt from veterinary checks at the border under that Directive ...;

“slaughterhouse” has the meaning given to it in point 1.16 of Annex I to Regulation (EC) No. 853/2004 (definitions), and is an establishment that is—approved or conditionally approved as such by the Food Standards Scotland under Article 148 of Regulation (EU) 2017/625; oroperating as such under Article 4(5) of Regulation (EC) No. 853/2004 (registration and approval of establishments) pending such approval;

“suspect animal” means an animal suspected of having a TSE;

“TSE” means transmissible spongiform encephalopathy; and

“TSE susceptible” means capable of having a TSE.

(2) Expressions defined in the EU TSE Regulation and not defined in these Regulations have the same meaning in these Regulations as they have for the purposes of the EU TSE Regulation.

(3) Any reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 2000 , which has been recorded and is consequently capable of being reproduced.

(4) References in these Regulations to the EU instruments identified in Schedule 1 are references to those instruments as amended from time to time.

Appointment of competent authority

3

The Scottish Ministers are the competent authority for the purposes of the EU TSE Regulation except in relation to paragraphs 1 to 18 of Schedule 7 and paragraphs 1, 3 and 4 of Schedule 8 where the Food Standards Scotland are the competent authority.

Exception for research

4

(1) The provisions of Schedules 2 to 8 do not apply in relation to animals kept for the purposes of research in approved research premises.

(2) If a bovine animal, sheep or goat kept in approved research premises or its progeny dies or is killed, the occupier must dispose of it as a Category 1 animal by-product in accordance with Regulation (EC) No. 1069/2009 and failure to do so is an offence.

PART 2 — Introduction of Schedules

The Schedules

5

The following Schedules have effect—

(a) Schedule 2 (TSE monitoring);

(b) Schedule 3 (control and eradication of TSE in bovine animals);

(d) Schedule 5 (control and eradication of TSE in animals that are not bovine, ovine or caprine);

(e) Schedule 6 (feedingstuffs);

(f) Schedule 7 (specified risk material, mechanically separated meat and slaughtering techniques); and

(g) Schedule 8 (restrictions on placing on the market and export).

PART 3 — Administration and enforcement

Approvals, authorisations, licences and registrations

6

(1) The Scottish Ministers must grant an approval, authorisation, licence or registration under these Regulations if they are satisfied that the provisions of the EU TSE Regulation and these Regulations will be complied with.

(2) Any approval, authorisation, licence or registration must be in writing, and specify—

(a) the address of the premises;

(b) the name of the occupier; and

(3) Any approval, authorisation, licence or registration may be made subject to such conditions as are necessary to—

(a) ensure that the provisions of the EU TSE Regulation and these Regulations will be complied with; or

(b) protect public or animal health.

(4) If the Scottish Ministers refuse to grant an approval, authorisation, licence or registration, or grant one subject to conditions—

(a) they must—

(i) give their reasons in writing; and

(ii) explain the right of the applicant to make written representations to a person appointed by the Scottish Ministers; and

(b) the appeals procedure in regulation 10 applies in relation to any decision of the Scottish Ministers under this regulation.

Occupier's duty

7

The occupier of any premises approved, authorised, licensed or registered under these Regulations commits an offence if that occupier does not ensure that—

(a) the premises are maintained and operated in accordance with—

(i) any condition of the approval, authorisation, licence or registration; and

(ii) the requirements of the EU TSE Regulation and these Regulations; and

(b) any person employed by the occupier, and any person permitted to enter the premises, complies with those conditions and requirements.

Suspension and amendment

8

(1) The Scottish Ministers may suspend or amend any approval, authorisation, licence or registration granted under these Regulations if—

(a) any of the conditions under which it was granted is not being complied with; or

(b) they are satisfied that the provisions of the EU TSE Regulation or these Regulations are not being complied with.

(2) The Scottish Ministers may amend an approval, authorisation, licence or registration granted under these Regulations if the Scottish Ministers consider it necessary in the light of technical or scientific developments.

(3) A suspension or amendment—

(a) has immediate effect if the Scottish Ministers consider it necessary for the protection of public or animal health; or

(b) otherwise, does not have effect for at least 21 days from notification of the suspension or amendment.

(4) Notification of the suspension or amendment must—

(a) be in writing;

(b) state when the suspension or amendment comes into effect;

(d) explain the right of the person who has been notified to make written representations to a person appointed by the Scottish Ministers.

(5) The appeals procedure in regulation 10 applies in relation to any decision of the Scottish Ministers under this regulation.

(6) If the suspension or amendment does not have immediate effect and representations are made under regulation 10, the suspension or amendment does not have effect until the final determination of the appeal by the Scottish Ministers unless at any point they consider that it is necessary for the protection of public or animal health for the suspension or amendment to have effect before then.

Revocation of approvals, authorisations, licences and registrations

9

(1) The Scottish Ministers may revoke any approval, authorisation, licence or registration granted under these Regulations if they are satisfied that the premises will not be operated in accordance with the EU TSE Regulation or these Regulations and if—

(a) it is currently suspended and the period for appeal under regulation 10 has expired or they have upheld the suspension following such appeal;

(b) they have previously suspended it and there is further non�??compliance with the EU TSE Regulation or these Regulations; or

(2) Notification of the revocation must—

(a) be in writing;

(b) state when the revocation comes into effect;

(d) explain that the person who has been notified has the right to make written representations to a person appointed by the Scottish Ministers.

(3) If the Scottish Ministers make a revocation under paragraph (1)(b) or (c) the appeals procedure in regulation 10 applies but the revocation remains in force during that appeals procedure.

Appeals procedure

10

(1) Where this regulation applies, a person may make written representations to a person appointed for the purpose by the Scottish Ministers concerning any decision of the Scottish Ministers within 21 days of notification of the decision to that person.

(2) The Scottish Ministers may also make written representations to the appointed person concerning the decision.

(3) The appointed person must then report in writing to the Scottish Ministers.

(4) The Scottish Ministers must give to the appellant written notification of the Scottish Ministers' final determination and the reasons for it.

Valuations

11

(1) This regulation applies when a valuation is to be obtained under these Regulations.

(2) The owner and the Scottish Ministers may agree a valuation.

(3) If the owner and the Scottish Ministers cannot agree a valuation, they may jointly appoint a valuer.

(4) If the owner and the Scottish Ministers cannot agree who to appoint as valuer, the President of the Institute of Auctioneers and Appraisers in Scotland will nominate a valuer, and both the owner and the Scottish Ministers must accept the nomination.

(5) The valuer will carry out the valuation and submit it and any other relevant information and documentation to the Scottish Ministers, and submit a copy to the owner.

(6) The owner and a representative of the Scottish Ministers each have the right to be present at the valuation.

(7) The valuation is binding on the owner and the Scottish Ministers.

(8) In this regulation, “owner” means the owner of the animal or product in question.

Appointment of inspectors

12

(1) Except as specified in paragraph (2), the Scottish Ministers or the local authority may appoint inspectors for the purposes of enforcing these Regulations.

(2) The Food Standards Scotland may appoint inspectors for the purposes of enforcing Schedule 7 and paragraphs 1, 3 and 4 of Schedule 8 in relation to a slaughterhouse or cutting plant.

(3) The appointment of an inspector (whether under paragraph (1) or (2)) is limited to powers and duties specified in the appointment.

Powers of entry

13

(1) Inspectors have a right to enter any premises for the purpose of ensuring that the EU TSE Regulation or these Regulations are being complied with.

(2) Inspectors must, if so required, produce some duly authenticated document showing their authority before exercising their right under paragraph (1).

(3) Inspectors may exercise the right under paragraph (1) at all reasonable hours.

(4) Inspectors may be accompanied by—

(a) such other persons as they consider necessary; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) If inspectors enter any unoccupied premises or (where the premises are occupied) the occupier of the premises is temporarily absent, they must leave those premises (so far as reasonably practicable) as effectively secured against unauthorised entry as the inspectors found them.

(6) If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purposes of the enforcement of these Regulations, and that—

(a) admission has been refused, or a refusal is expected, and (in either case) notice to apply for a warrant has been given to the occupier;

(b) asking for admission, or the giving of such a notice, would defeat the object of the entry;

(d) the premises are unoccupied or the occupier is temporarily absent,

the justice may by a signed warrant authorise inspectors to enter the premises, if need be by reasonable force.

(7) A warrant under this regulation is valid for one month.

Powers of inspectors

14

(1) An inspector may—

(a) seize any—

(i) animal;

(ii) body of an animal, part of a body of an animal (including the blood and the hide), semen, embryo or ovum;

(iii) animal protein or feedingstuffs that may contain animal protein; or

(iv) milk or milk product,

and dispose of them as necessary;

(b) carry out any inquiries, investigations, examinations and tests;

(c) collect, pen and inspect any animal and for this purpose may require the keeper of the animal to arrange for its collection and penning;

(d) inspect any body of an animal, part of a body of an animal (including the blood and the hide), semen, embryo or ovum;

(e) inspect any part of the premises, any equipment, facility, operation or procedure;

(f) take any samples;

(g) have access to, and inspect and copy, any records (in whatever form they are held) in order to determine if these Regulations are being complied with, including records kept under the EU TSE Regulation and these Regulations, or remove such records to enable them to be copied;

(h) have access to, inspect and check the operation of, any computer and any associated apparatus or material that is or has been in use in connection with any record; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford the inspector such assistance as the inspector may reasonably require (including providing the inspector with any necessary passwords) and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;

(i) mark anything (including an animal) whether electronically or otherwise, for identification purposes; and

(j) lock or seal any container or store.

(2) Any person who without reasonable cause defaces, obliterates, or removes any mark or seal, or removes any lock, applied under paragraph (1) is guilty of an offence.

(3) An inspector is not personally liable for any act done in the execution or purported execution of these Regulations and within the scope of his or her employment, if the inspector acted in the honest belief that a duty under these Regulations required it or entitled it to be done; but this does not relieve the Scottish Ministers, a local authority or the Food Standards Scotland from any liability in respect of the acts of an inspector appointed by them.

Notices

15

(1) If it is necessary for any reason connected with the enforcement of the EU TSE Regulation or these Regulations, an inspector may serve a notice on—

(a) the owner or keeper of any animal;

(b) the person in possession of any animal, body of an animal, part of a body of an animal (including the blood and the hide), semen, embryo or ovum;

(d) the owner, or person in possession, of any milk or milk products.

(e) the occupier or person in charge of any holding, vehicle or container to which the these Regulations apply; or

(f) the occupier of a slaughterhouse.

(2) The notice must be in writing and give the reasons for it being served.

(3) The notice may—

(a) prohibit the movement of any animal on to or from the premises specified in the notice;

(b) prohibit the movement of any milk or milk products from the premises specified in the notice;

(d) require the killing or slaughter of any animal;

(e) prohibit or require the movement on to or from the premises specified in the notice of the body or any part of the body (including the blood and the hide) of any animal, any animal protein or feedingstuffs that may contain animal protein, and any semen, embryo or ovum;

(f) require the disposal of the body or any part of the body (including the blood and the hide) of any animal (whether or not it is one that was required to be retained), and any semen, embryo, ovum, milk or milk product as may be specified in the notice;

(g) require the disposal of any animal protein or feedingstuffs that may contain animal protein or specify how they are to be used; ...

(h) require the recall of any animal protein or feedingstuffs that may contain animal protein.

(i) require that a person does not feed any animal protein or feedingstuffs that may contain animal protein to livestock;

(j) require that all or any part of the holding, vehicle, vessel or container (and any associated equipment) is cleansed and disinfected where the inspector suspects there is a risk to animal or human health; or

(k) require an occupier of a slaughterhouse—

(i) to take a sample from any bovine animal in accordance with paragraph 8 of Part 1 of schedule 2, or

(ii) to permit an official veterinarian to take brain stem samples from an bovine animal in accordance with paragraph 8 of Part 1 of schedule 2.

(4) If an inspector suspects that any premises to which the EU TSE Regulation or these Regulations apply constitutes a risk to public or animal health, the inspector may serve a notice on the occupier or person in charge of the premises requiring that occupier or person to cleanse and disinfect all or any part of the premises and any associated equipment.

(5) A notice may specify how it must be complied with, and specify time limits.

(6) A notice must be complied with at the expense of the person on whom it is served, and if it is not complied with an inspector may arrange to have it complied with at that person's expense.

(7) Failure to comply with a notice is an offence.

Notices restricting movement

16

(1) If a notice is served restricting movement, an inspector may subsequently permit movement under the authority of a licence.

(2) The person transporting under the authority of a licence must carry the licence during movement and produce it on demand to an inspector.

(3) Failure to comply with paragraph (2) is an offence.

Obstruction

17

Any person who—

(a) intentionally obstructs an inspector acting under these Regulations;

(b) without reasonable cause, fails to give to an inspector acting under these Regulations any assistance or information or to provide any facilities that the inspector may reasonably require that person to give or provide for the performance of the inspector's functions under these Regulations;

(d) fails to produce a record when required to do so by an inspector acting under these Regulations,

is guilty of an offence.

Penalties

18

A person guilty of an offence under these Regulations is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 12 months or both; or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or both.

Offences by bodies corporate

19

(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is shown to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate; or

(b) any person who was purporting to act in any such capacity,

that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, the provisions of paragraph (1) apply in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body corporate.

(3) For the purposes of paragraph (1), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate and “body corporate” includes a Scottish partnership, and, in relation to such a partnership, a reference to a director or other officer of a body corporate is a reference to a partner.

Enforcement

20

(1) Subject to paragraphs (2) to (4), these Regulations are enforced by the local authority.

(2) Schedule 2 is enforced by the Scottish Ministers in slaughterhouses and cutting plants.

(3) Schedule 7 and paragraphs 1, 3 and 4 of Schedule 8 are enforced by the Food Standards Scotland in slaughterhouses and cutting plants.

(4) The Scottish Ministers may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on the local authority under this regulation is discharged by the Scottish Ministers and not by the local authority.

Consequential amendments

21

The consequential amendments specified in Schedule 9 have effect.

Saving provision

22

Notwithstanding the revocation of the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 , regulation 21 (miscellaneous amendments) of and paragraphs 1 and 2 of Schedule 8 to those Regulations shall remain in full force and effect.

Revocations

23

The enactments specified in the first column of Schedule 10 are revoked.

SCHEDULE 1 — Ambulatory References

The EU instruments that must be construed as amended from time to time are—

(a) EU TSE Regulation;

(b) Regulation (EC) No.1774/2002;

(d) Regulation (EC) No. 882/2004;

(e) Commission Decision 2007/411/EC;

(f) Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk[^f00025]; and

(g) Commission Decision 2009/719/EC authorising certain Member States to revise their annual BSE monitoring programmes[^f00026].

SCHEDULE 2 — TSE monitoring

PART 1 — Monitoring for TSE

Notification of the body of a goat for the purpose of monitoring under Article 6 of the EU TSE Regulation

1

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

Delivery of the body of a bovine animal for the purpose of monitoring under Article 6 of the EU TSE Regulation

2

(1) For the purpose of monitoring under Article 6 of the EU TSE Regulation, a person who has possession or control of the body of a bovine animal that must be tested for BSE in accordance with point 3.1 of Part I of Chapter A of Annex III to that Regulation (monitoring in animals not slaughtered for human consumption) must, unless directed otherwise by the Scottish Ministers, within 24 hours either—

(a) make arrangements with another person for that other person to collect it and deliver it to an approved sampling site within 72 hours; or

(b) identify an approved sampling site that will carry out the sampling and deliver the animal to that site so as to arrive at the site within 72 hours,

and failure to do so is an offence.

(2) The periods of 24 and 72 hours referred to in sub�??paragraph (1) run from the time when the animal died or was killed or the body came into the possession or control of the person to whom the requirements of that sub�??paragraph apply.

Persons collecting and delivering

3

A person with whom arrangements are made under paragraph 2(1)(a) for the delivery of a body to an approved sampling site must, unless directed otherwise by the Scottish Ministers, within 48 hours of the time when the body comes into that person's possession or control—

(a) identify an approved sampling site that will carry out the sampling; and

(b) ensure it is delivered to that site,

and failure to do so is an offence.

Destruction without sampling

4

Any person who destroys the body of a bovine animal to which paragraph 2(1) applies before it has undergone sampling at an approved sampling site, except in accordance with a direction of the Scottish Ministers, commits an offence.

Retention of bodies of bovine animals pending test results

5

An approved sampling site to which the body of a bovine animal has been sent for sampling in accordance with this Part must retain it in accordance with point 6.3 of Part I of Chapter A of Annex III to the EU TSE Regulation (measures following testing), and failure to do so is an offence.

Island areas

6

(1) The requirements of paragraphs 1(1) and 2 do not apply in an island area.

(2) In this paragraph, “island area” means—

(a) islands in the area of the Argyll and Bute Council, excluding the island of Bute;

(b) the area of Comhairle nan Eilean Siar;

(d) islands in the area of North Ayrshire Council;

(e) the area of the Orkney Islands Council; and

(f) the area of the Shetland Islands Council.

(3) The exemption in sub-paragraph (1) continues to apply even if the body of the animal has been removed from an island area.

Consignment and slaughter of over-age bovine animals

7

(1) If a bovine animal was born or reared in the United Kingdom before 1st August 1996, it is an offence—

(a) to consign it to a slaughterhouse for human consumption (whether the animal is alive or dead); or

(b) to slaughter it for human consumption.

(2) For the purposes of sub-paragraph (1), a bovine animal is deemed to have been born or reared in the United Kingdom before 1st August 1996 unless its cattle passport shows either that—

(a) it was born in the United Kingdom on or after 1st August 1996; or

(b) it first entered the United Kingdom on or after 1st August 1996.

Brain stem sampling of bovine animals (slaughterhouses)

8

(1) The occupier of a slaughterhouse in which a bovine animal which must be tested in accordance with point 2 of Part I of Chapter A of Annex III to the EU TSE Regulation (monitoring in animals slaughtered for human consumption) is slaughtered or (if the animal is slaughtered at a place other than a slaughterhouse) processed must—

(a) take a sample comprising the brain stem for testing in accordance with point 1 of Chapter C of Annex X to the EU TSE Regulation (sampling);

(b) ensure that the animal from which the sample has been taken can be identified; and

and failure to do so is an offence.

(2) The Scottish Ministers must, by means of a notice, notify the occupier of a slaughterhouse if an animal comes into any of the categories specified in point 2.1 of Part I of Chapter A of Annex III to the EU TSE Regulation (except in the case of a dead animal consigned to a slaughterhouse with a written declaration from a veterinary surgeon that it falls into one of those categories).

(3) For the purposes of point 5 of Part I of Chapter A of Annex III to the EU TSE Regulation (monitoring in other animals), the Scottish Ministers may serve a notice on the occupier of a slaughterhouse requiring the occupier to take a sample from any bovine animal slaughtered there and send it for testing in accordance with sub�??paragraph (1).

Brain stem sampling of bovine animals (other places of slaughter)

9

The occupier of a place—

(a) that, for the purposes of point 4.1(a) of Annex V to the EU TSE Regulation (removal of specified risk material), is an other place of slaughter; and

(b) in which a bovine animal covered by point 2 of Part I of Chapter A of Annex III to the EU TSE Regulation (monitoring in animals slaughtered for human consumption) is slaughtered must—

(i) arrange for a sample, comprising the brain stem, to be taken for testing in accordance with point 1 of Chapter C of Annex X to the EU TSE Regulation (sampling);

(ii) ensure that the animal from which the sample has been taken can be identified; and

(iii) arrange for the sample to be delivered to an approved testing laboratory,

and failure to do so is an offence.

Approval of laboratories

10

(1) The Scottish Ministers must approve laboratories to test samples taken under paragraph 8 if the Scottish Ministers are satisfied that the laboratory—

(a) will carry out the testing in accordance with Chapter C of Annex X to the EU TSE Regulation (sampling and laboratory testing);

(b) has adequate quality control procedures; and

(c) has adequate procedures to ensure the correct identification of the samples and notification of the test results to the consigning slaughterhouse and to the Scottish Ministers.

(2) The Scottish Ministers may charge the fees set out in the following table for the initial approval and ongoing quality assessment of a laboratory—

Approved sampling sites

11

(1) The Scottish Ministers must on application approve a sampling site to sample animals to which paragraph 2 applies if the Scottish Ministers are satisfied that the sampling site has adequate control procedures to carry out the sampling.

(2) For the purposes of this Schedule, an “approved sampling site” means a sampling site approved under this paragraph or a sampling site in another part of the United Kingdom approved by the competent authority in that part of the United Kingdom to carry out sampling under the EU TSE Regulation.

Slaughter of bovine animals

12

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

Retention of products and disposal

13

(1) In relation to any sampled bovine animal, the occupier of a slaughterhouse or other place of slaughter (for the purposes of point 4.1(a) of Annex V to the EU TSE Regulation (removal of specified risk material), hide market or tannery must, for the purpose of point 6.3 of Part I of Chapter A of Annex III to the EU TSE Regulation (measures following testing) and pending receipt of the test result, either—

(a) retain all carcases and all parts of the body (including the blood and the hide) that will have to be disposed of in the event of a positive result; or

(b) dispose of them in accordance with sub�??paragraph (2).

(2) For the purposes of points 6.4 and 6.5 of that Part, if a positive result is received for a sampled bovine animal, the occupier must immediately dispose of—

(a) the carcase and all parts of the body of that animal (including the blood and the hide); and

(b) unless a derogation has been granted under sub-paragraph (5), the carcase and all parts of the body (including the blood and the hide) of the animal immediately preceding that animal on the slaughter line and the 2 animals immediately following it,

in accordance with point 6.4 of that Part.

(3) If no sample has been sent to or no sample has been received by, an approved testing laboratory for testing in accordance with paragraphs 8 and 9, or if an insufficient test result is received, in respect of a bovine animal required to be tested under this Schedule, the occupier must immediately dispose of—

(a) the carcase and all parts of the body (including the blood and the hide) of that animal; and

(b) unless a derogation has been granted under sub-paragraph (5), the carcase and all parts of the body (including the blood but not the hide) of the animal immediately preceding that animal on the slaughter line and the 2 animals immediately following it,

in accordance with point 6.4 of that Part; and for the purposes of this sub-paragraph an “insufficient test result” means a certification by an approved testing laboratory that the sample sent to the laboratory was not of an adequate quality or was not of a sufficient quantity to obtain a test result.

(4) If a no-test result is received in respect of an animal required to be tested under this Schedule, the occupier must immediately dispose of the carcase and all parts of the body (including the blood and the hide) of that animal in accordance with point 6.4 of that Part; and for the purposes of this sub-paragraph a “no-test result” means a negative result from a sample following multiple rapid testing where such testing was certified as necessary by an approved testing laboratory.

(5) The Scottish Ministers may grant in writing a derogation under point 6.6 of Part I of Chapter A of Annex III to the EU TSE Regulation if they are satisfied that there is a system in place that prevents contamination between carcases.

(6) Failure to comply with sub�??paragraphs (1) to (4) is an offence.

TSE sampling of sheep, goats and deer

14

(1) In relation to any sheep or goat selected for sampling, the occupier of a slaughterhouse, hide market or tannery must—

(a) for the purposes of point 7.3 of Part II of Chapter A of Annex III to the EU TSE Regulation (measures following testing of ovine and caprine animals), retain the carcase and all parts of the body (including the blood and the hide) pending receipt of the test result (except to the extent that point 7.3 permits direct disposal of animal by-products pending receipt of a negative rapid test result); and

(b) in the event of a positive result, immediately dispose of the carcase and all parts of the body (including the blood and the hide) in accordance with point 7.4 of that Part.

(2) Where—

(a) a sheep, goat or deer has died, or has been killed, other than for human consumption; and

(b) either—

(i) the death or killing occurred at premises approved, or required to be approved, under Articles24 and 44 of Regulation (EC) No1069/2009; or

(ii) the carcase of the sheep, goat or deer has been taken to those premises,

the occupier of the premises must comply with any direction given by the Scottish Ministers requiring the carcase to be sampled at the premises.

(3) In relation to any deer selected for monitoring for TSE ..., the occupier of a slaughterhouse, hide market or tannery must—

(a) retain the carcase and all parts of the body (including the blood and the hide) pending receipt of the test result; and

(b) in the event of a positive result, immediately dispose of the carcase and all parts of the body (including the blood and the hide) in accordance with point 7.4 of Part II of Chapter A of Annex III to the EU TSE Regulation.

(4) Failure to comply with sub-paragraph (1), (2) or (3) is an offence.

Compensation

15

(1) If an animal slaughtered for human consumption tests positive, the Scottish Ministers must pay to the occupier of the slaughterhouse or other place of slaughter compensation for the carcase and all parts of the body (including the blood and the hide) of—

(a) that animal; and

(b) if they are destroyed because of that positive result, the animal immediately preceding it on the slaughter line and the 2 animals immediately following it.

(2) The compensation is the market value, established under the procedure in regulation 11(1) to (7) (reading “occupier” wherever “owner” is mentioned in that regulation), with the occupier paying any fee arising for nominating and employing a valuer.

(3) For the purposes of sub-paragraph (2), the market value is the price that would reasonably be expected to have been obtained for the animal from a buyer in the open market at the time of the valuation and on the assumption that the animal was not affected by a TSE.

(4) Compensation under this paragraph is not payable in any other case.

PART 2 — Contents of the RMOP

Animal identification and separation

16

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

Brain stem sampling

17

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

Correlation of sample to carcase and all other parts of the body

18

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

Retention of carcases

19

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

Retention of parts of the body

20

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

Disposal before receipt of the result

21

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

Other measures following sampling

22

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

SCHEDULE 3 — Control and eradication of TSE in bovine animals

Notification

1

(1) For the purposes of Article 11 of the EU TSE Regulation (notification), any person who has possession or control of any bovine animal suspected of having a TSE must immediately notify the Scottish Ministers and detain it on the premises until it has been examined by a veterinary inspector.

(2) Any veterinary surgeon who examines or inspects any bovine animal suspected of having a TSE must, with all practical speed, notify the Scottish Ministers.

(3) Any person (other than the Scottish Ministers) who examines the body of any bovine animal, or any part of it, in a laboratory and who reasonably suspects the presence of a TSE must immediately notify the Scottish Ministers, 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

2

(1) Where a bovine animal is the subject of notification under paragraph 1, an inspector may serve a notice prohibiting its movement from the premises pending determination of whether or not it is suspected of having a TSE.

(2) Movement of restricted animals is only permitted in accordance with regulation 16.

Killing of a suspect animal

3

(1) For the purposes of paragraphs (1) and (2) of Article 12 of the EU TSE Regulation (measures with respect to suspect animals), if a veterinary inspector suspects that a bovine animal has a TSE the veterinary inspector must—

(a) cause it to be killed on the holding immediately;

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

(c) ensure that its cattle passport is stamped “Not for human consumption” and 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) The inspector must restrict the movement of other bovine animals on the holding in accordance with the second, third and fifth paragraphs of Article 12(1) of the EU TSE Regulation and Article 2(1)(a) of Commission Decision 2007/411/EC.

(3) The inspector may restrict the movement of bovine animals on other holdings in accordance with the fourth paragraph of Article 12(1) of the EU TSE Regulation.

(4) If the suspect animal is killed on the holding, it is an offence to remove the body from that holding except in accordance with a written direction from an inspector.

(5) If the suspect animal is not killed immediately, its keeper must dispose of its milk in such a way that it cannot be consumed by humans or animals except its own calf or animals kept for research purposes, and failure to comply with this sub�??paragraph is an offence.

Identification and restriction of progeny and cohorts

4

(1) In accordance with Article 13(2) of the EU TSE Regulation (measures following confirmation of the presence of a TSE) as read with Article 2(1)(b) and (2) of Commission Decision 2007/411/EC, if—

(a) a veterinary inspector suspects that a bovine animal has a TSE;

(b) the monitoring of carcases under Part 1 of Schedule 2 or under Annex III to the EU TSE Regulation (monitoring system) confirms that an animal is suspected of having a TSE; or

(c) the competent authority of another part of the United Kingdom ... notifies the Scottish Ministers that a bovine animal is suspected of having a TSE,

an inspector must identify—

(i) (if the suspect animal is female) all its progeny born within 2 years prior to, or after, clinical onset of the disease; and

(ii) in all cases all its bovine cohorts born on or after 1st August 1996,

and for these purposes the animal's date of birth is the one shown on its cattle passport.

(2) An inspector must serve notices prohibiting movement of the animals identified in accordance with sub-paragraph (1) from the holding on which they are kept or where the inspector suspects they may be kept (whether or not this is the same holding as that of the suspect animal) and remove their cattle passports.

(3) If the inspector cannot immediately identify the animals specified in subparagraph (1) the inspector must prohibit the movement of all bovine animals from the holding pending identification.

(4) Movements of restricted animals are only permitted in accordance with regulation 16.

Action following confirmation of test result

5

(1) In accordance with Article 13(1)(c) of, and point 2 of Chapter A of Annex VII to, the EU TSE Regulation (measures following confirmation of the presence of a TSE) as read with Article 2(1)(b) and (2) of Commission Decision 2007/411/EC, when it is confirmed that a bovine animal had a TSE an inspector must cause to be killed—

(a) (if the animal is female) all its progeny born within 2 years prior to, or after, clinical onset of the disease; and

(b) in all cases, all the bovine animals in its cohort born on or after 1st August 1996 except where—

(i) an inspector is satisfied that the animal did not have access to the same feed as the animal in which a TSE was confirmed; or

(ii) the animal is a bull that is kept at, and will not be removed from, a semen collection centre, but it is an offence to remove the animal from the centre except to be killed, and when it is killed the owner must ensure that the carcase is completely destroyed, and failure to do so is an offence.

(2) If the animal is not killed on the holding, an inspector must ensure that its cattle passport is stamped “Not for human consumption” and serve a notice directing the owner to consign it to other premises for killing as specified in the direction.

(3) If the test is confirmed as negative the inspector must remove all restrictions imposed because of the suspect animal and return the cattle passports.

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

(5) The appeals procedure in regulation 10 applies to a decision to kill under sub-paragraph (1)(b), and no animal may be killed until—

(a) receipt of 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 10 has expired; or

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

Death while under restriction

6

If a bovine animal dies or is killed while it is under restriction for any reason under this Schedule, the owner must immediately notify the Scottish Ministers and retain the body on the premises until the owner is directed in writing to move or dispose of it by an inspector, 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

7

Any person who places on the market a bovine animal in contravention of Article 15(2) (live animals, their semen, embryos and ova) of, and Chapter B of Annex VIII (conditions relating to progeny of TSE suspect or confirmed animals referred to in Article 15(2)) to, the EU TSE Regulation is guilty of an offence.

When compensation is payable

8

The Scottish Ministers must pay compensation—

(a) when an animal is killed under this Schedule;

(b) when an animal is to be killed under this Schedule, and has been valued for the purposes of compensation, but dies (or is killed for other reasons) after valuation; or

(c) where an animal is subject to a movement restriction under this Schedule and has to be killed as an emergency and a veterinary surgeon has declared in writing that the animal would otherwise have been fit for human consumption in accordance with Chapter VI of Section I of Annex III to Regulation (EC) No. 853/2004 (emergency slaughter outside the slaughterhouse), in which case compensation is the market value of the body (including the blood and the hide).

Amount of compensation payable

9

(1) The compensation is the average price paid in Great Britain for that age and category of animal—

(a) for a pedigree animal, in the previous 6 months before the date of its valuation; and

(b) for any other bovine animal, in the previous month before the date of its valuation.

(2) A pedigree animal is one for which a pedigree certificate has been issued by a breeders' organisation or association that fulfils the conditions of Commission Decision 84/247/EEC laying down the criteria for the recognition of breeders' organisations and associations which maintain or establish herd-books for pure-bred breeding animals of the bovine species .

(3) The Scottish Ministers must categorise animals as follows, and for the purposes of determining which category the animal falls into, the age of the animal is the age, as shown by its cattle passport, at the date on which the notice of intention to kill was served—

Categories	Categories
Male	Male	Female	Female	Female
Beef Sector – non-pedigree animal	Beef Sector – non-pedigree animal
Up to and including 3 months	Up to and including 3 months	Up to and including 3 months	Up to and including 3 months	Up to and including 3 months
Over 3 months up to and including 6 months	Over 3 months up to and including 6 months	Over 3 months up to and including 6 months	Over 3 months up to and including 6 months	Over 3 months up to and including 6 months
Over 6 months up to and including 9 months	Over 6 months up to and including 9 months	Over 6 months up to and including 9 months	Over 6 months up to and including 9 months	Over 6 months up to and including 9 months
Over 9 months up to and including 12 months	Over 9 months up to and including 12 months	Over 9 months up to and including 12 months	Over 9 months up to and including 12 months	Over 9 months up to and including 12 months
Over 12 months up to and including 16 months	Over 12 months up to and including 16 months	Over 12 months up to and including 16 months	Over 12 months up to and including 16 months	Over 12 months up to and including 16 months
Over 16 months up to and including 20 months	Over 16 months up to and including 20 months	Over 16 months up to and including 20 months	Over 16 months up to and including 20 months	Over 16 months up to and including 20 months
Over 20 months—	Over 20 months—	Over 20 months—	Over 20 months—	Over 20 months—
	Breeding bulls		Calved	Calved
	Other		Not calved	Not calved

Dairy Sector – non-pedigree animal	Dairy Sector – non-pedigree animal
Up to and including 3 months	Up to and including 3 months	Up to and including 3 months	Up to and including 3 months	Up to and including 3 months
Over 3 months up to and including 6 months	Over 3 months up to and including 6 months	Over 3 months up to and including 6 months	Over 3 months up to and including 6 months	Over 3 months up to and including 6 months
Over 6 months up to and including 12 months	Over 6 months up to and including 12 months	Over 6 months up to and including 12 months	Over 6 months up to and including 12 months	Over 6 months up to and including 12 months
Over 12 months up to and including 16 months	Over 12 months up to and including 16 months	Over 12 months up to and including 16 months	Over 12 months up to and including 16 months	Over 12 months up to and including 16 months
Over 16 months up to and including 20 months	Over 16 months up to and including 20 months	Over 16 months up to and including 20 months	Over 16 months up to and including 20 months	Over 16 months up to and including 20 months
Over 20 months	Over 20 months	Over 20 months–	Over 20 months–	Over 20 months–
				Calved
				Not calved

Beef Sector – pedigree animal	Beef Sector – pedigree animal
6 months up to and including 12 months	6 months up to and including 12 months	6 months up to and including 12 months	6 months up to and including 12 months	6 months up to and including 12 months
Over 12 months up to and including 24 months	Over 12 months up to and including 24 months	Over 12 months up to and including 24 months	Over 12 months up to and including 24 months	Over 12 months up to and including 24 months
Over 24 months	Over 24 months	Over 24 months (not calved)	Over 24 months (not calved)	Over 24 months (not calved)
		Calved under 36 months	Calved under 36 months	Calved under 36 months
		Calved 36 months and over	Calved 36 months and over	Calved 36 months and over
Dairy Sector – pedigree animal	Dairy Sector – pedigree animal
Up to and including 2 months	Up to and including 2 months	Up to and including 2 months	Up to and including 2 months	Up to and including 2 months
Over 2 months up to and including 12 months	Over 2 months up to and including 12 months	Over 2 months up to and including 10 months	Over 2 months up to and including 10 months	Over 2 months up to and including 10 months
Over 12 months up to and including 24 months	Over 12 months up to and including 24 months	Over 10 months up to and including 18 months	Over 10 months up to and including 18 months	Over 10 months up to and including 18 months
Over 24 months	Over 24 months	Over 18 months (not calved)	Over 18 months (not calved)	Over 18 months (not calved)
		Calved under 36 months	Calved under 36 months	Calved under 36 months
		Calved 36 months and over.	Calved 36 months and over.	Calved 36 months and over.

Exceptions

10

(1) Where the Scottish Ministers consider that the data to calculate the average price is inadequate, they may pay compensation at—

(a) for animals in that category, the most recent previously calculated average price for which there was sufficient data to calculate the average price; or

(b) for the individual animal, the market value.

(2) For buffalo or bison, compensation is the market value.

(3) The market value is the price that might reasonably have been obtained for the individual animal—

(a) from a purchaser in the open market;

(b) at the time of valuation;

(d) calculated in accordance with regulation 11.

(4) Where the owner and the Scottish Ministers cannot agree on a market value, the valuation must be carried out in accordance with the procedure laid down in regulation 11(3) to (8) with the owner paying any valuation fee arising.

SCHEDULE 4 — Control and eradication of TSE in sheep and goats

Notification

1

(1) For the purposes of Article 11 of the EU TSE Regulation (notification), any person who has possession or control of any sheep or goat suspected of having a TSE must immediately notify the Scottish Ministers and detain it on the premises until it has been examined by a veterinary inspector.

(2) Any veterinary surgeon who examines or inspects any sheep or goat suspected of having a TSE must, with all practical speed, notify the Scottish Ministers.

(3) Any person (other than the Scottish Ministers) 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 Scottish Ministers, 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

2

(1) When a sheep or goat is the subject of notification under paragraph 1, a veterinary inspector may, pending determination of whether or not it is suspected of having a TSE, serve a notice prohibiting the movement of the 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 16.

Killing of a suspect animal

3

(1) For the purposes of Article 12(1) and (2) (measures with respect to suspect animals) of the EU TSE Regulation, if a veterinary inspector suspects that a sheep or goat has a TSE, the inspector must—

(a) cause the animal to be killed 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 the animal to other premises for killing and prohibiting movement other than in accordance with that direction.

(2) 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

4

(1) For the purposes of Article 12(1) (measures with respect to suspect animals) of, and point 2.2 of Chapter B of Annex VII (measures following confirmation of the presence of a TSE) to, the EU TSE Regulation, following suspicion of a TSE (whether in a live animal or through the monitoring under Annex III to the EU TSE Regulation (monitoring system)), an inspector—

(a) must serve a notice prohibiting the movement onto or from its holding of any sheep or goat on the same holding as the suspect animal if the inspector considers that the animal was exposed to a TSE on that holding;

(b) may serve a notice prohibiting the movement onto or from any holding of any sheep or goat if there is evidence that the suspect animal was exposed to a TSE on that holding;

(c) may serve a notice prohibiting movement onto or from a holding where an animal specified in point 1(b) of Chapter B of Annex VII to the EU TSE Regulation (measures following confirmation of the presence of a TSE) is kept or where the inspector suspects such an animal is kept; and

(d) must serve a notice prohibiting the movement of sheep or goat milk, or sheep or goat milk products, derived from any sheep or goat present on any holding referred to in paragraphs (a) to (c).

(2) Movements of restricted animals or products are only permitted in accordance with regulation 16.

(3) To avoid doubt, a notice served under sub-paragraph (1)(d) does not prohibit the use of milk or milk products within the holding.

(4) A notice referred to in sub-paragraph (1)(a) to (d) remains in force until one of paragraphs 5, 6, 7 or 9 applies.

Action where TSE is not confirmed

5

If it is confirmed that the sheep or goat did not have a TSE, an inspector must remove as soon as reasonably practicable all restrictions imposed because the sheep or goat was suspected of having a TSE.

Action following confirmation of TSE in sheep

6

(1) When it is confirmed that a suspect sheep or the body of a sheep monitored under Annex III to the EU TSE Regulation (monitoring system) has a TSE, and BSE is excluded in accordance with the procedure set out in point 3.2(c) of Chapter C of Annex X to that Regulation (further examination of positive TSE cases), the Scottish Ministers, after—

(a) carrying out the inquiry specified in point 2.2 of Chapter B of Annex VII to, the EU TSE Regulation (measures following confirmation of the presence of a TSE); and

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

must decide which of the options set out in point 2.2 of Chapter B of Annex VII to the EU TSE Regulation they intend to exercise.

(2) The Scottish Ministers must then serve a notice on the occupier of the holding identifying which of the options in point 2.2 of Chapter B of Annex VII to that Regulation they intend to exercise.

(3) The notice must specify—

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

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

(d) the identity of any ovum or embryo to be destroyed; and

(e) the time limit for complying with the notice.

(4) The appeals procedure in regulation 10 applies in relation to any decision of the Scottish Ministers under this paragraph.

Confirmation of TSE in goats

7

(1) This paragraph applies if it is confirmed that a suspect goat, or a body of a goat monitored under Annex III to the EU TSE Regulation, is affected with a TSE, and BSE is excluded in accordance with the procedure set out in point 3.2(c) of Chapter C of Annex X to that Regulation (further examination of positive TSE cases), except where the Scottish Ministers decide to exercise the power in paragraph 10(3).

(2) The Scottish Ministers, after carrying out the inquiry specified in Article 13(1)(b) of, and point 2.2 of Chapter B of Annex VII to, the EU TSE Regulation (measures following confirmation of the presence of a TSE), must serve a notice on the occupier of the holding informing him or her that the Scottish Ministers intend 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 2.2 of Chapter B of Annex VII, to that Regulation.

(3) The appeals procedure in regulation 10 applies in relation to any decision of the Scottish Ministers under this paragraph.

Use of milk and milk products following confirmation of classical scrapie

8

(1) This paragraph applies to milk or milk products derived from a sheep or goat that is to be destroyed in accordance with paragraph 6 or 7.

(2) Milk and milk products must not—

(a) be used for feeding ruminants, other than ruminants within the holding; or

(b) be exported, or allowed to be exported, outside the United Kingdom as feed for non-ruminants.

(3) Milk and milk products that are to be fed to non-ruminants in the United Kingdom must be—

(a) accompanied by documentation that clearly states that it must not be fed to ruminants; and

(b) contained in packaging that is clearly marked “must not be fed to ruminants”.

(4) Feedingstuffs containing milk or milk products must not be stored on farms where ruminants are kept.

(5) Bulk feedingstuffs containing milk or milk products must not be transported in vehicles that also transport feedingstuffs for ruminants.

(6) Vehicles that have transported bulk feedingstuffs containing milk or milk products must, before being used for transporting any feedingstuffs intended for ruminants, be thoroughly cleaned so as to avoid cross-contamination, in accordance with a procedure approved by the Scottish Ministers.

(7) Failure to comply with any of sub-paragraphs (2) to (6) is an offence.

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 (monitoring system), and BSE cannot be excluded by the results of a ring trial carried out in accordance with the procedure set out in point 3.2(c) of Chapter C of Annex X to that Regulation (further examination of positive TSE cases).

(2) The Scottish Ministers, after carrying out the inquiry specified in Article 13(1)(b) of, and point 2.2 of Chapter B of Annex VII to, the EU TSE Regulation (measures following confirmation of the presence of a TSE), must serve a notice on the occupier of the holding informing him or her of the Scottish Ministers' 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 2.2.1 of Chapter B 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 in relation to any decision of the Scottish Ministers under this paragraph.

Confirmation of atypical scrapie in sheep or goats

10

If the TSE is confirmed in a suspect sheep or goat as atypical scrapie, but BSE is excluded, the Scottish Ministers, after carrying out an inquiry, must serve a notice informing the occupier that the holding will be subject to intensified TSE monitoring in accordance with Annex 7 to the EUTSE Regulation.

Derogation

11

(1) Subject to sub-paragraphs (2) to (4)—

(a) the Scottish Ministers may decide to delay the destruction of any animals specified in a notice served under paragraph 6 or 7; or

(b) the occupier of the relevant holding may apply to the Scottish Ministers for a delay in the destruction of any such animals.

(2) The Scottish Ministers must not decide upon, or consent to, a delay unless satisfied that—

(a) the frequency of ARR allele within the relevant breed or holding is low or absent; or

(b) a delay is necessary in order to avoid inbreeding.

(3) Subject to sub-paragraph (4), the Scottish Ministers may decide upon, or consent to, a delay of up to 5 breeding years.

(4) The Scottish Ministers must not decide upon, or consent to—

(a) any delay, if a breeding ram (other than a ram of the ARR/ARR genotype present within the breed or holding) is on the holding; or

(b) a delay of more than 18 months in relation to sheep or goats kept for the production of milk or milk products intended for placing on the market.

(5) An application under sub-paragraph (1)(b) must be in writing and must set out in full the reasons for the application.

(6) The Scottish Ministers must provide the applicant with a decision in writing, stating that the Scottish Ministers—

(a) consent to the application;

(b) consent in part to the application; or

(7) The Scottish Ministers may impose any conditions that they consider to be reasonably necessary in relation to any decision made, or consent granted, under this paragraph.

(8) Unless the Scottish Ministers consent to the application in full, the appeals procedure in regulation 10 applies in relation to any decision by the Scottish Ministers under this paragraph.

Time for appeals

12

The Scottish Ministers must not cause to be killed any sheep or goat, or cause to be destroyed any ovum or embryo, under this Schedule until—

(a) they have 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 10 has expired; or

Killing and destruction following confirmation

13

(1) An inspector must ensure that all the animals specified for killing in the notice under paragraph 6(2), 7(2) or 9(2) 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.

Animals from another holding

14

For the purposes of point 2.2 of Chapter B of Annex VII to the EU TSE Regulation (measures following confirmation of the presence of a TSE), if the animal with a TSE was introduced from another holding, the Scottish Ministers may act in accordance with this Schedule in relation to the holding of origin in addition to, or instead of, the holding on which a TSE was confirmed.

Common grazing

15

In the case of any animal with a TSE on common grazing, the Scottish Ministers may limit movement restrictions and killing to an individual flock or herd.

Multiple flocks on a holding

16

Where more than one flock or herd is kept on a single holding, the Scottish Ministers may limit movement restrictions and killing to an individual flock or herd.

Subsequent occupiers

17

(1) 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.

(2) The subsequent occupier must comply with the notice as if that notice were served on that occupier and failure to do so is an offence.

Introduction of animals onto a holding

18

Any person who introduces an animal onto a holding in contravention of point 3.2 of Chapter B of Annex VII to the EU TSE Regulation is guilty of an offence.

Use of ovine germinal products

19

Any person who uses ovine germinal products in contravention of point 3.3 of Chapter B of Annex VII to the EU TSE Regulation is guilty of an offence.

Movement of animals from a holding

20

Any person who moves an animal from a holding in contravention of point 3.4 of Chapter B of Annex VII to the EU TSE Regulation is guilty of an offence.

Period of movement restrictions

21

For the purposes of point 3.5 of Chapter B of Annex VII to the EU TSE Regulation the relevant dates must be established by the Scottish Ministers giving written notification of those dates to the occupier of the holding.

Death while under restriction

22

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 EU TSE Regulation, the owner must immediately notify the Scottish Ministers, and retain the body on the premises until the owner is directed in writing to move or dispose of it by the Scottish Ministers, 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 sheep or goats in which BSE is confirmed

23

Any person who places on the market any first generation progeny, semen, embryo or ovum of a sheep or goat suspected of, or confirmed with, a TSE in contravention of Article 15(2) of the EU TSE Regulation and Chapter B of Annex VIII to that Regulation is guilty of an offence.

Compensation for a sheep or goat slaughtered as a suspect animal

24

(1) The Scottish Ministers must pay compensation in accordance with this paragraph for a sheep or goat killed as a suspect animal.

(2) Where it is confirmed that it was affected with a TSE, the compensation is—

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

(b) £90 in any other case.

(3) Where it is not confirmed that it was affected with a TSE, the compensation is the higher of—

(a) the amount that would have been payable under this paragraph if it had been confirmed the animal was 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 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 animals killed or products destroyed following confirmation of TSE

25

The Scottish Ministers must pay compensation to the owner of animals killed and products destroyed under this Schedule following confirmation of a TSE in accordance with the following provisions of this paragraph—

Valuations

26

(1) If the owner of an animal or product considers the compensation in the preceding paragraph to be unreasonable a valuation must be carried out in accordance with the procedure laid down in regulation 11(3) to (8), with the owner paying any valuation fee arising.

(2) When carrying out a valuation under regulation 11(5), the valuer must value the animal or product at the price that might reasonably have been obtained for it at the time of valuation from a buyer in the open market as if the animal or product was not from a flock or herd affected by TSE.

Compensation for milk and milk products compulsorily destroyed in accordance with paragraph 9

27

(1) The Scottish Ministers must pay compensation in accordance with this paragraph for milk and milk products destroyed pursuant to paragraph 9.

(2) The compensation payable is that which the Scottish Ministers believe might reasonably have been obtained for it on the open market if the milk or milk product had not been compulsorily destroyed and had not been milk that derived from a flock or herd affected by TSE.

(3) If the owner of milk or milk products considers the compensation in the preceding paragraph to be unreasonable, a valuation must be carried out in accordance with the procedure laid down in regulation 11(3) to (8), with the owner paying any valuation fee arising.

SCHEDULE 5 — Control and eradication of TSE in animals that are not bovine, ovine or caprine

Notification

1

(1) For the purposes of Article 11 of the EU TSE Regulation (notification), any person who has in his or her possession or under his or her control any animal that is not bovine, ovine or caprine that is suspected of being affected by a TSE must immediately notify the Scottish Ministers 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 Scottish Ministers of that examination or inspection.

(3) Any person (other than the Scottish Ministers) who examines the body of an animal that is not bovine, ovine or caprine, or any part of it, in a laboratory and who reasonably suspects the presence of a TSE must immediately notify the Scottish Ministers, 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

2

(1) If an animal is the subject of notification under paragraph 1, a veterinary inspector may serve a notice prohibiting the movement of that animal from its holding, pending determination of whether or not it is suspected of being affected with a TSE.

(2) Movements of restricted animals are only permitted in accordance with regulation 16.

Slaughter of a suspect animal

3

(1) For the purposes of Article 12(1) and (2) of the EU TSE Regulation (measures with respect to suspect animals), if a veterinary inspector suspects that an animal that is not bovine, ovine or caprine is affected with a TSE, he or she may 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) If the animal is killed on the holding, it is an offence to remove the body from the holding or dispose of it except in accordance with a written direction from an inspector.

Compensation

4

(1) Where an animal is killed under paragraph 3, the Scottish Ministers must pay compensation.

(2) The compensation is the market value of the animal at the time it is killed.

(3) For the purposes of this paragraph, the market value—

(a) must be calculated in accordance with the procedure in regulation 11;

(b) must be the price that would reasonably be expected to have been obtained for the animal from a buyer in the open market at the time of the valuation; and

(4) Where the owner and the Scottish Ministers cannot agree on a market value, the valuation must be carried out in accordance with the procedure laid down in regulation 11(3) to (8), with the owner paying any valuation fee arising.

SCHEDULE6 — Feedingstuffs

PART 1 — Restrictions on feeding proteins to animals

Prohibition on feeding animal protein to ruminants

1

(1) Where an inspector has reasonable grounds to believe that an animal has been fed or has had access to any material prohibited by Article 7 of, and listed in Annex 4 to, the EUTSE Regulation (referred to in this schedule as unlawful feedingstuffs), that inspector may serve a notice on the owner or person in charge of the animal in accordance with sub-paragraph (2).

(2) The notice may require the owner or person in charge of the animal to—

(a) kill the animal and dispose of it, as specified in the notice; or

(b) keep the animal on such holding and in such manner as the notice provides.

(3) Where a bovine animal is required by notice to be killed an inspector must ensure that the relevant cattle passport is stamped “Not for human consumption”.

(4) Any animal the cattle passport for which has been stamped under sub-paragraph (2) must not be consigned for slaughter for human consumption.”.

Prohibition on feeding animal protein to non-ruminants

2

(1) Where an animal is killed because an inspector has reasonable grounds to believe that a TSE susceptible animal has been fed or has had access to unlawful feedingstuffs which consist of—

(a) specified risk material,

(b) any material that the inspector has reasonable grounds to believe carries the risk of TSE infectivity, or

the Scottish Ministers may pay compensation in accordance with sub-paragraph (4) if the Scottish Ministers consider it appropriate in all the circumstances.

(2) The Scottish Ministers must give notice of any decision to pay compensation in writing to the owner of the animal.

(3) The appeal procedure in regulation 10 applies in relation to any such decision.

(4) The compensation for—

(a) a bovine animal is the value established in accordance with schedule 3;

(b) an ovine or caprine animal is the value established in accordance with paragraph 24 of schedule 4; and

(c) an animal that is not bovine, ovine or caprine, is the market value of the animal calculated in accordance with paragraph 4 of schedule 5.

Exceptions

3

(1) Where unlawful feedingstuffs have been identified by an inspector as suspected of containing material prohibited by Article 7 of, and listed Annex 4 to, the EUTSE Regulation, an inspector may serve a notice on the owner or person in possession of the feedingstuffs.

(2) The notice may require the owner or person in possession of the feedingstuffs to—

(a) restrict access by animals to the area where the feedingstuffs are stored;

(b) prevent the feedingstuffs being fed to animals generally, or prevent it being fed to those animals specified in the notice;

(c) require disposal of the feedingstuffs by the owner or person in possession of the feedingstuffs in accordance with instructions contained in the notice, with the cost of such disposal being borne by the recipient of the notice.

Movement prohibitions and restrictions of animals

4

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