The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2006

Regulations 4(1) and 5

SCHEDULE 4 CONTROL AND ERADICATION OF TSE IN SHEEP AND GOATS

1. 1. Notification of TSE

2. 2. Restriction of a notified animal

3. 3. Slaughter of a suspect animal

4. 4. Movement restrictions

5. 5. Action where TSE is not confirmed

6. 6. Confirmation of TSE in sheep

7. 7. Confirmation of TSE in goats

8. 8. Confirmation of BSE in sheep or goats

9. 9. Time for appeals

10. 10. Killing and destruction following confirmation

11. 11. Infected animals from other premises

12. 12. Common grazing

13. 13. Multiple flocks on any premises

14. 14. Subsequent occupiers

15. 15. Introduction of animals onto any premises

16. 16. Use of ovine germinal products

17. 17. Movement of animals from any premises

18. 18. Time of movement restrictions

19. 19. Death while under restriction

20. 20. Placing on the market of progeny of BSE affected sheep and goats

21. 21. Notification while any premises are under restriction

22. 22. Derogations

23. 23. Compensation for a sheep or goat slaughtered as a suspect animal

24. 24. Compensation for animals killed or products destroyed following confirmation of TSE

25. 25. Valuations

Notification of TSE

1.—(1) For the purposes of Article 11 of the Community TSE Regulation, any person who has in his possession or under his charge a sheep or goat suspected of being affected with a TSE shall immediately notify the Department 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 shall, with all practical speed, notify the Department.

(3) Any person (other than the Department) 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 shall immediately notify the Department, 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 notification is given to the Department under paragraph 1 in relation to a sheep or goat, an inspector may serve a notice prohibiting the movement of that animal from the premises on which it was detained, pending determination by an inspector of whether or not it is suspected of being affected with BSE.

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

Slaughter of a suspect animal

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

(a) kill it immediately on the premises on which it was kept; or

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

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

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

Movement restrictions

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

(a) must serve a notice prohibiting the movement of any other animal onto or from the premises on which the suspected sheep or goat is kept if he considers that the animal would be exposed to a TSE on those premises; or

(b) if the suspected animal came from other premises, and he considers that it may have been exposed to a TSE on those other premises, may serve such a notice either in relation to those premises and on the premises where the suspect animal is kept, or only the premises where the exposure may have taken place; and

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

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

Action where TSE is not confirmed

5.  If it is confirmed in any case to which this Schedule applies, that a suspected animal was not affected with a TSE, the inspector must remove all restrictions imposed because of the suspected animal.

Confirmation of TSE in sheep

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

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

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

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

(2) It shall then serve a notice on the occupier of the premises in question informing him of which of the options in those paragraphs it intends to exercise.

(3) The notice shall specify—

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

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

(c) the identity of the animals (if any) that may be retained;

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

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

(f) the right to apply for a derogation in accordance with paragraph 22(3).

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

Confirmation of TSE in goats

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

(2) The appeals procedure in regulation 10 applies in relation to any decision under this paragraph.

Confirmation of BSE in sheep or goats

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

(2) The appeals procedure in regulation 10 applies in relation to any decision under this paragraph.

Time for appeals

9.  The Department shall not kill any sheep or goat, or destroy any ovum or embryo, under this Schedule until—

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

(b) after the 21 day period for appeal under regulation 10 is completed; or

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

Killing and destruction following confirmation

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

(2) If an animal to which sub-paragraph (1) relates is not killed on the premises on which it is kept, an inspector shall 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 in accordance with this paragraph, it is an offence to remove the body from the premises on which it was killed except in accordance with a written direction from an inspector.

Infected animals from other premises

11.  For the purposes of point 2(b)(iii) of Annex VII of the Community TSE Regulation, if the infected animal was introduced from any other premises onto the premises where the infection was confirmed, the Department may act in accordance with this Schedule in relation to those other premises in addition to, or instead of, the premises on which infection was confirmed.

Common grazing

12.  In the case of an infected animal on common grazing, the Department may limit a notice under paragraphs 6(2), 7(1)or 8(1) to an individual flock in accordance with point 2(b)(iii) of Annex VII of the Community TSE Regulation.

Multiple flocks on any premises

13.  Where more than one flock is kept on any premises, the Department may limit a notice under paragraphs 6(2), 7(1)or 8(1) to an individual flock in accordance with point 2(b)(iii) of Annex VII of the Community TSE Regulation.

Subsequent occupiers

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

Introduction of an animal onto any premises

15.  Any person who introduces an animal onto any premises in contravention of point 4 of Annex VII of the Community TSE Regulation is guilty of an offence.

Use of ovine germinal products

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

Movement of an animal from any premises

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

Time of movement restrictions

18.  For the purposes of point 8 of Annex VII of the Community TSE Regulation the relevant dates shall be established by the Department giving written notification of those dates to the occupier of the premises in question.

Death while under restriction

19.  If any animal aged 18 months or over dies or is killed while it is under restriction for any reason under this Schedule or Annex VII of the Community TSE Regulation, the owner must immediately notify the Department, and retain the body on the premises where it was kept until he is directed in writing to move or dispose of it by the Department, 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 a BSE affected sheep or goat

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

Notification while any premises are under restriction

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

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

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

Derogations

22.—(1) The Department shall not exercise the option permitted under point 7(c) of Annex VII of the Community TSE Regulation.

(2) The Department may exercise the option permitted under point 6 of that Annex.

(3) The occupier of any premises may apply to the Department asking it to exercise one or both of the options permitted under point 9 of that Annex.

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

(5) The Department shall give the applicant its decision in writing, which shall state that it—

(a) consents to the application;

(b) consents in part to the application; or

(c) refuses the application.

(6) Unless the Department consents to the application in full, the appeals procedure in regulation 10 applies in relation to any decision under sub-paragraph (5).

Compensation for a sheep or goat slaughtered as a suspect animal

23.—(1) The Department shall pay compensation in accordance with this paragraph for a sheep or goat killed as a suspected 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 sub-paragraph (2) if it had been confirmed the animal was affected with a TSE; and

(b) such sum as appears to the Department, 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

24.—(1) The Department shall pay compensation to the owner of animals killed and destroyed and products destroyed under this Schedule following confirmation of a TSE in accordance with the following provisions of this paragraph—

Compensation

Animal or product	Compensation (£) A	Compensation (£) B
(a) where the Department has granted a derogation under point 9 of Annex VII of the Community TSE Regulation the compensation for a female sheep is £30 if it is killed after the first year of the derogation period.
(b) where the Department has granted a derogation in accordance with that point in respect of any ram in a flock, the compensation for any lamb in that flock killed after the first year of the period of derogation is £25.
(c) “ordinary” in relation to an animal means that it is not pure bred
Pure bred sheep or goats	Market value of animal	Market value of animal
Ordinary male adult sheep or goats (c)	90	90
Ordinary female adult sheep(a) or goat(c)	90	65
Ordinary sheep in lamb and ordinary goat in kid(c)	140	115
Ordinary lamb (under 12 months old)(b) or ordinary kid (under 12 months old)(c)	50	50
Embryo	150	150
Ovum	5	5

(2) The rate in Column A is payable in all cases until 13th May 2006.

(3) On or after 13th May 2006—

(a) the rate in Column A is payable if—

(i) the owner notifies an animal under sub-paragraph (1) before 13th May 2006, and the presence of a TSE is confirmed (whether before or after that date); and

(ii) the animal for which compensation is being paid was in the flock or herd before 13th May 2006; and

(b) the rate in Column B is payable in all other cases.

Valuations

25.—(1) If the owner of an animal considers the compensation in the preceding paragraph to be unreasonable he may notify the Department and where he does so the compensation shall be the market value of the animal determined in accordance with the procedure in regulation 11.

(2) If in relation to any animal the Department considers the compensation in the preceding paragraph to be excessive in all the circumstances it may notify the owner and where it does so the compensation shall be the market value of the animal determined in accordance with the procedure in regulation 11, but in this case it must pay any fee arising for nominating and employing the valuer.

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