Regulation 5
| 1. | Notification | 22 |
| 2. | Restriction of a notified animal | 23 |
| 3. | Killing of a suspect animal | 23 |
| 4. | Movement restrictions | 23 |
| 5. | Action where TSE is not confirmed | 23 |
| 6. | Action following confirmation of TSE in sheep | 23 |
| 7. | Action following confirmation of TSE in goats | 24 |
| 8. | Action following confirmation of BSE in sheep or goats | 24 |
| 9. | Time for appeals | 24 |
| 10. | Killing and destruction following confirmation | 24 |
| 11. | Animals from another holding | 25 |
| 12. | Common grazing | 25 |
| 13. | Multiple flocks on a holding | 25 |
| 14. | Subsequent occupiers | 25 |
| 15. | Introduction of animals onto a holding | 25 |
| 16. | Use of ovine germinal products | 25 |
| 17. | Movement of animals from a holding | 25 |
| 18. | Period of movement restrictions | 25 |
| 19. | Death while under restriction | 25 |
| 20. | Placing on the market of progeny of sheep or goats in which BSE is confirmed | 26 |
| 21. | Notification while the holding is under restriction | 26 |
| 22. | Derogations | 26 |
| 23. | Compensation for animals killed as suspect animals | 27 |
| 24. | Compensation for animals killed and products destroyed following confirmation 27 | 27 |
| 25. | Valuations 27 | 27 |
1.—(1) For the purposes of Article 11 of the Community TSE Regulation, any person who has possession or control of any sheep or goat suspected of having a TSE shall immediately notify the Scottish Ministers and retain 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 shall, 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 shall 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.
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.
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 has a TSE, the inspector shall–
(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) In accordance with Article 12(3) of the Community TSE Regulation, if the animal is killed on the holding, it is an offence to remove the body from the holding except in accordance with a written direction from an inspector.
4.—(1) For the purposes of point 3 of Annex VII to the Community TSE Regulation, and Article 12(1) of that Regulation, following suspicion of a TSE (whether in a live animal or through the monitoring under Annex III to the Community TSE Regulation), an inspector–
(a)shall serve a notice–
(i)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; or
(ii)if the suspect animal came from another holding, and the inspector considers that the suspect animal may have been exposed to a TSE on that other holding, the inspector may serve such a notice on that other holding and on the holding the animal was on when it became a suspect animal, or only on the other holding; and
(b)shall serve a notice prohibiting movement onto or from a holding where an animal specified in point 1(b) of Annex VII to the Community TSE Regulation is kept or where the inspector suspects such an animal is kept.
(2) Movements of restricted animals are only permitted in accordance with regulation 16.
5. If it is confirmed that the animal did not have a TSE, an inspector shall remove all restrictions imposed because of the suspect animal.
6.—(1) When it is confirmed that a suspect sheep or the body of a sheep monitored under Annex III to the Community TSE Regulation has a TSE the Scottish Ministers, after–
(a)carrying out the inquiry specified in Article 13(1)(b) of the Community TSE Regulation and in point 1(b) of Annex VII to that Regulation; and
(b)sampling the animals to establish their genotype (if this is necessary),
shall decide which of the options set out in points 2(b)(i) and (ii) of Annex VII to the Community TSE Regulation they intend to exercise.
(2) They shall then serve a notice on the occupier of the holding identifying which of the options in those paragraphs they intend to exercise.
(3) The notice shall specify–
(a)the identity of the animals to be killed and destroyed;
(b)the identity of any animals to be slaughtered for human consumption;
(c)the identity of any animals that may be retained;
(d)the identity of any ovum or embryo to be destroyed;
(e)the time limit for complying with the notice; and
(f)the right to apply for a derogation in accordance with paragraph 22(2).
(4) The appeals procedure in regulation 10 applies.
7.—(1) If it is confirmed that a suspect goat, or a body of a goat monitored under Annex III to the Community TSE Regulation, has a TSE, the Scottish Ministers, after carrying out the inquiry specified in Article 13(1)(b) of that Regulation and in point 1(b) of Annex VII to that Regulation, shall serve on the occupier of the holding a notice of their intention to cause to be killed and destroyed all the goats on the holding and all embryos and ova from those animals in accordance with Article 13(1)(c) of, and point 2(b)(i) of Annex VII, to that Regulation.
(2) The appeals procedure in regulation 10 applies.
8.—(1) If BSE is confirmed in a sheep or goat on a holding, the Scottish Ministers, after carrying out the inquiry specified in Article 13(1)(b) of the Community TSE Regulation and point 1 of Annex VII to that Regulation, shall serve on the occupier of the holding a notice of their intention to cause to be killed and destroyed the animals, embryos and ova in accordance with Article 13(1)(c) of, and point 2(c) of Annex VII to, that Regulation.
(2) The appeals procedure in regulation 10 applies.
9. The Scottish Ministers shall 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; or
(b)after the 21 day period for appeal under regulation 10 has expired; or
(c)if there is an appeal, the appeal is determined or withdrawn.
10.—(1) An inspector shall ensure that all the animals specified for killing in the notice in paragraphs 6(2), 7(1) or 8(1) 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 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 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.
11. For the purposes of point 2(b)(iii) of Annex VII to the Community TSE Regulation, 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.
12. In the case of animals with a TSE on common grazing, the Scottish Ministers may limit a notice under paragraphs 6(2) or 7(1) to an individual flock in accordance with point 2(b)(iii) of Annex VII to the Community TSE Regulation.
13. Where more than one flock is kept on a single holding, the Scottish Ministers may limit a notice under paragraphs 6(2) or 7(1) to an individual flock in accordance with point 2(b)(iii) of Annex VII to the Community TSE Regulation.
14. If there is a change in occupation of the holding, the previous occupier shall 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 shall be an offence.
15. Any person who introduces an animal onto a holding in contravention of point 4 of Annex VII to the Community TSE Regulation is guilty of an offence.
16. Any person who uses ovine germinal products in contravention of point 5 of Annex VII to the Community TSE Regulation is guilty of an offence.
17. Any person who moves an animal from a holding in contravention of point 7 of Annex VII to the Community TSE Regulation is guilty of an offence.
18. For the purposes of point 8 of Annex VII to the Community TSE Regulation the relevant dates shall be established by the Scottish Ministers giving written notification of those dates to the occupier of the holding.
19. If any animal aged 18 months or over dies or is killed otherwise than in accordance with Article 12(1) and (2) of the Community TSE Regulation while it is under restriction for any reason under this Schedule or Annex VII to the Community TSE Regulation, the owner shall 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.
20. Any person who places on the market any sheep or goat in contravention of Article 15(2) of the Community TSE Regulation and Chapter B of Annex VIII to that Regulation is guilty of an offence.
21.—(1) For the purposes of point 8(d) of Annex VII to the Community TSE Regulation, for the period that the holding is under restriction in accordance with point 8 of that Annex, if the owner intends to consign a sheep aged 18 months or more for slaughter for human consumption, the owner shall notify the Scottish Ministers at least four weeks before consignment.
(2) The owner shall not consign a sheep aged 18 months or more for killing or slaughter for human consumption except in accordance with a written direction from the Scottish Ministers.
(3) Failure to comply with this paragraph is an offence.
22.—(1) The Scottish Ministers shall not exercise the option permitted under point 7(c) of Annex VII to the Community TSE Regulation.
(2) The occupier of a holding may apply to the Scottish Ministers asking them to permit before 1st January 2007 the introduction of non-pregnant ewe lambs of unknown genotype in accordance with paragraph 6 of that Annex VII.
(3) Upon application by the occupier of a holding, the Scottish Ministers may allow the occupier to exercise one or both of the options permitted under point 9 of that Annex VII.
(4) An application under this paragraph shall be in writing and shall set out in full the reasons for the application.
(5) The Scottish Ministers shall give the applicant their decision in writing, which shall state that they–
(a)consent to the application; or
(b)consent in part to the application; or
(c)refuse the application.
(6) Unless the Scottish Ministers consent to the application in full, the appeals procedure in regulation 10 applies.
23.—(1) The Scottish Ministers shall pay compensation in accordance with this paragraph for a sheep or goat killed as a suspect animal.
(2) Where it is confirmed that the animal had 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 the animal had 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 had 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.
24. The Scottish Ministers shall 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–
| Animal or product | Compensation (£) A | Compensation (£) B |
|---|---|---|
(a) Where the Scottish Ministers have granted a derogation under point 9 of Annex VII to 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 Scottish Ministers have 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. | ||
Note on the rates (a) The rate in Column A is payable if– (i) the owner notified the Scottish Ministers that an animal was suspected of being affected by a TSE in accordance with paragraph 1 before 10th March 2006, and the presence of a TSE was confirmed (whether before or after that date); and (ii) the animal for which compensation is being paid was in the flock or herd before 10th March 2006; and (b) the rate in Column B is payable in all other cases. | ||
| Male sheep or goat | 90 | 90 |
| Female sheep(a) or goat | 90 | 65 |
| Lamb (under 12 months old)(b) or kid under (12 months old) | 50 | 40 |
| Embryo | 150 | 150 |
| Ovum | 5 | 5 |
25.—(1) If the owner of an animal considers the compensation in paragraph 24 to be unreasonable the owner may notify the Scottish Ministers, and the procedure in regulation 11 applies, with the owner paying the fee for nominating the valuer and the valuer’s fee.
(2) If the Scottish Ministers consider the compensation in paragraph 24 to be excessive in all the circumstances they may obtain a valuation of the animal in accordance with regulation 11, with the Scottish Ministers paying the fee for nominating the valuer and the valuer’s fee.
(3) The valuer shall value the animal at the market price.
(4) The market price for sheep and goats is the price that might reasonably have been obtained for the individual animal at the time of valuation from a buyer in the open market if the animal was not from a flock affected by TSE.