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DRAFT SCOTTISH STATUTORY INSTRUMENTS
2002 No. AGRICULTURE
The TSE (Scotland) Regulations 2002
Part II
Prevention of TSE
TSE monitoring
4.-(1) An inspector may make such enquiries and carry out such investigations as he considers necessary for any purpose connected with the administration or enforcement of the annual programme of monitoring under in article 6 of the Community TSE Regulation.
(2) For any such purpose an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable times to enter any premises (excluding premises used only as a dwelling) to-
(a) ascertain whether any TSE susceptible animal is being or has been kept on the premises;
(b) ascertain whether-
(i) any TSE exists or has existed on the premises or any other premises; or
(ii) any animal which is being kept on the premises or has been kept on the premises is, or was at the time it was kept there, affected with any TSE;
(c) collect, pen, inspect and examine any TSE susceptible animal and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;
(d) inspect and examine the carcase of such an animal;
(e) make such tests and take such samples from any TSE susceptible animal, or the carcase of such an animal, as he considers necessary;
(f) mark for identification purposes any TSE susceptible animal, or the carcase of such an animal, or administer or otherwise attach to any TSE susceptible animal an electronic identification device;
(g) serve a notice to restrict or prohibit the movement of any TSE susceptible animal or the carcase or such an animal;
(h) issue a licence in connection with the movement of any TSE susceptible animal or the carcase or such an animal;
(i) seize any TSE susceptible animal or the carcase of such an animal;
(j) serve any notice in connection with the slaughter of any TSE susceptible animal;
(k) slaughter any TSE susceptible animal;
(l) examine any record, in whatever form the record may be held, and take copies of the record;
(m) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any record; and for this purpose may require any person who has charge of or who is otherwise concerned with the operation of the computer, apparatus or material to afford to him such assistance as he may reasonably require 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; or
(n) ascertain whether there is or has been any contravention of, or failure to comply with, this Part of these Regulations or any evidence of any such contravention or failure.
(3) No person except a veterinary inspector shall remove or otherwise interfere with any mark applied to a TSE susceptible animal or the carcase of such an animal under paragraph (2)(f) above or any electronic identification device attached to or otherwise administered to such an animal under that paragraph.
(4) If a justice of the peace is satisfied on sworn information in writing that there are reasonable grounds for an inspector to enter any premises (excluding premises used only as a dwelling) for any purpose mentioned in paragraph (2) above and that either-
(a) admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier of the premises; or
(b) an application for admission, or the giving of such a notice, would defeat the object of entering the premises, or that the case is one of urgency, or that the premises are unoccupied or the occupier is absent,
he may issue a warrant authorising an inspector to enter the premises for that purpose if necessary using reasonable force.
(5) The occupier of premises entered by an inspector under this regulation or by virtue of a warrant issued it, and his employees and any person on the premises 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 to the inspector and comply with such reasonable requirements as the inspector considers necessary for any purpose connected with the administration or enforcement of the annual programme of monitoring referred to in article 6 of the Community TSE Regulation; and
(b) if required by an inspector, give such information as he 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 his possession or charge.
(6) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it may take with him-
(a) such other persons as he considers necessary to give him such assistance as he considers necessary; and
(b) a representative of the European Commission acting for the purpose of the Community TSE Regulation or the Community Transitional Measures; and
(7) If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
Movement prohibitions and restrictions of TSE susceptible animals
5.-(1) This regulation applies where an inspector is satisfied that for any purpose connected with the administration or enforcement of the annual programme of monitoring under article 6 of the Community TSE Regulation it is necessary to prohibit or restrict the movement of any TSE susceptible animal from or to any premises.
(2) By notice in writing served on the owner or person in charge of the animal an inspector may prohibit or restrict the movement of the animal or carcase from or to any premises described in the notice for such period, and subject to such conditions, as he considers necessary for that purpose and specifies in the notice.
(3) During the period in which the notice is in force a veterinary inspector may renew it subject to such conditions as he considers necessary for the same or a shorter period.
(4) A notice which is renewed may be renewed from time to time in a similar manner by a veterinary inspector.
(5) Where a notice is in force under this regulation the conditions of which allow movement of any animal or carcase from premises on the authority of a licence issued by a veterinary inspector, a veterinary inspector may issue a licence for this purpose subject to such conditions as he considers necessary.
Slaughter of TSE susceptible animals at slaughterhouses
6.-(1) This regulation and regulation 7 apply where the Scottish Ministers are satisfied it is necessary to slaughter any TSE susceptible animal for any purpose connected with the administration or enforcement of the annual programme of monitoring under article 6 of the Community TSE Regulation.
(2) Where the Scottish Ministers are satisfied that it is necessary to slaughter a TSE susceptible animal at premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 an inspector shall so inform the occupier of the premises concerned and direct the occupier to slaughter the animal in such manner and period as the inspector directs.
(3) Before an inspector gives an occupier a direction to slaughter an animal under this regulation he shall consider the hygiene, specified risk material or animal welfare requirements with which the occupier must comply at the slaughterhouse in relation to-
(a) the slaughter of the animal; and
(b) any related operation, including-
(i) the handling of the animal before and at slaughter, or the handling, storage, treatment and disposal of the carcase, any part of the carcase or any blood derived from the carcase or any part of the carcase; or
(ii) any operation in relation to any other animal or the slaughter of any other animal at the slaughterhouse, including the handling of any other animal before and at slaughter, or the handling, storage, treatment and disposal of the carcase, any part of the carcase or any blood derived from the carcase or any part of the carcase of any other animal.
(4) Where the inspector is satisfied that for the purpose of complying with any of these requirements the occupier must-
(a) slaughter any other animal at the slaughterhouse; or
(b) carry out any such related operation,
the inspector shall direct the occupier to slaughter the other animal or carry out the related operation in such manner and within such period as the inspector directs.
(5) Directions from an inspector to an occupier under this regulation may include directions in relation to-
(a) the keeping and handling before and at slaughter of any animal at the slaughterhouse, whether or not it is to be slaughtered under a direction given under this regulation;
(b) the arrangements for the slaughter at the slaughterhouse of any animal slaughtered under a direction given under this regulation; and
(c) the treatment, storage and disposal of the carcase of any animal slaughtered at the slaughterhouse or any part of the carcase or any blood derived from the carcase or any part of the carcase.
(6) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given except where the Scottish Ministers are satisfied that it is not proportionate for that person to bear some or all of that expense.
(7) Where the Scottish Ministers are satisfied that it is not proportionate for a person to whom a direction is given to bear some or all of the expense of complying with it they shall give notice to that person of the proportion of the expense, if any, which they are satisfied the person should bear.
(8) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with at the expense of the person to whom the direction is given.
Slaughter of TSE susceptible animals at other premises
7.-(1) Where the Scottish Ministers are satisfied that it is necessary to slaughter a TSE susceptible animal at premises other than a slaughterhouse a veterinary inspector shall serve a notice of intended slaughter on the owner or person in charge of the animal-
(a) informing him of that intention; and
(b) specifying the period within which representations from the owner or person in charge of the animal may be made to the Scottish Ministers.
(2) After considering any representations received during this period from the owner or person in charge of the animal, the Scottish Ministers shall either-
(a) withdraw the notice of intended slaughter; or
(b) serve a notice on the owner or person in charge of the animal to confirm the intended slaughter of the animal.
(3) After service of the notice to confirm the intended slaughter of the animal the Scottish Ministers shall cause the animal to be slaughtered as soon as possible having regard to the requirements of the annual programme of monitoring referred to in article 6 of the Community TSE Regulation.
Retention and seizure of carcases etc. of TSE susceptible animals
8.-(1) This regulation applies where the Scottish Ministers are satisfied that for any purpose connected with the administration or enforcement of the annual programme of monitoring under article 6 of the Community TSE Regulation it is necessary-
(a) to require an occupier of premises to retain on the premises under the direction of the Scottish Ministers a carcase of a TSE susceptible animal, any part of such a carcase or any blood derived from any such carcase or part; or
(b) to seize from any premises the carcase of a TSE susceptible animal, any part of such a carcase or any blood derived from any such carcase or part.
(2) For any such purpose an inspector may-
(a) direct the occupier of the premises to retain on the premises a carcase of a TSE susceptible animal on the premises, any part of such a carcase or any blood derived from any such carcase or part; or
(b) seize or dispose of-
(i) any carcase of a TSE susceptible animal from any premises, or any part of such a carcase, whether or not it is a carcase or part of a carcase which the occupier has been required to be retained under the direction of an inspector; or
(ii) any blood derived from a carcase of a TSE susceptible animal or any part of such a carcase, whether or not the carcase or part of the carcase from which the blood is derived has been required to be retained under the direction of an inspector or has been seized by an inspector.
(3) Directions from an inspector to an occupier under this regulation to retain a carcase, part of a carcase or blood derived from any carcase or part may include directions in relation to the treatment, storage and disposal of the carcase, part or blood.
(4) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given except where the Scottish Ministers are satisfied that it is not proportionate for that person to bear some or all of that expense.
(5) Where the Scottish Ministers is satisfied that it is not proportionate for a person to whom a direction is given to bear some or all of the expense of complying with it they shall give notice to that person of the proportion of the expense, if any, which they are satisfied the person should bear.
(6) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with at the expense of the person to whom the direction is given.
Compensation
9.-(1) Where a TSE susceptible animal is slaughtered under regulation 6 or 7 above the Scottish Ministers shall pay compensation to the owner of the animal in accordance with the provisions of Part I of Schedule 1 below.
(2) Subject to paragraph (3) below, the Scottish Ministers may pay compensation in accordance with the provisions of Part II of Schedule 1 below to the owner of any carcase, part of a carcase or blood seized or disposed of under regulation 8 above.
Notifications
10.-(1) For any purpose connected with the administration or enforcement of the annual programme of monitoring referred to in Article 6 of the Community TSE Regulation, the Scottish Ministers may certify in respect of any category of notifiable animal that a monitoring notification in respect of animals in that category is required.
(2) Where in respect of a category of notifiable animal the Scottish Ministers have certified that a monitoring notification in respect of animals in that category is required-
(a) a person who has in his possession or under his charge an animal of that category, or the carcase of an animal of that category, shall, within 24 hours from the time when the animal dies or was killed or the carcase comes into his possession or charge, notify the fact, and such other information as may be required by virtue of the monitoring notification, to the Scottish Ministers or, where the Scottish Ministers have appointed an agent to receive notifications under this regulation on his behalf, to that agent; and
(b) any veterinary surgeon or other person who, in the course of his duties examines or inspects an animal of that category which dies during the course of those duties, or examines or inspects the carcase of such an animal, shall within 24 hours from the time when the animal dies or the carcase is examined or inspected, notify the fact, and such other information as may be required by virtue of the monitoring notification, to the Scottish Ministers or, where the Scottish Ministers have appointed an agent to receive notifications under this regulation on his behalf, to that agent.
(3) Where-
(a) in respect of a category of notifiable animal the Scottish Ministers has certified that a monitoring notification is required; or
(b) the Scottish Ministers appoints an agent for the purposes of receiving notifications under this regulation on her behalf,
The Scottish Ministers shall publish by such means as he thinks fit, including by notice in the London Gazette, the details of the certificate or the name of the agent, his address and other relevant contact information and the date on and after which notifications under this regulation shall be made to the agent instead of the Scottish Ministers.
(4) A person who has in his possession or under his charge on any premises any animal or carcase in respect of which the Scottish Ministers have certified that a monitoring notification is required shall detain it on the premises until it has been collected by or on behalf of the Scottish Ministers.
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