Regulation 5
1.Notification of TSE
2.Restriction of a notified animal
3.Slaughter of a suspect animal
4.Movement restrictions
5.Action where TSE is not confirmed
6.Confirmation of TSE in sheep
7.Confirmation of TSE in goats
8.Confirmation of BSE in sheep or goats
9.Confirmation of atypical scrapie in sheep or goats
10.Time for appeals
11.Killing and destruction following confirmation
12.Infected animals from other premises
13.Common grazing
14.Multiple flocks on any premises
15.Subsequent occupiers
16.Introduction of an animal onto any premises
17.Use of ovine germinal products
18.Movement of an animal from any premises
19.Time of movement restrictions
20.Death while under restriction
21.Placing on the market of progeny of a BSE affected sheep or goat
22.Compensation for a sheep or goat slaughtered as a suspect animal
23.Compensation for animals killed or products destroyed following confirmation of TSE
24.Valuations
1.—(1) For the purposes of Article 11 of the Community TSE Regulation, any person who has in their possession or under their charge a sheep or goat suspected of being affected with a TSE must 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 must, 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 must 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.
2.—(1) If notification is given to the Department under paragraph 1 in relation to a sheep or goat pending determination by an inspector of whether or not it is suspected of being affected with a TSE, an inspector may serve a notice prohibiting the movement of that animal from the premises on which it was detained and the movement of any other sheep or goat onto or from that premises.
(2) Movements of animals restricted under this paragraph 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 is affected with a TSE, the veterinary inspector must either—
(a)kill it immediately on the premises on which it was kept;
(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) 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.
4.—(1) For the purposes of point 2(2) 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 sheep or goat onto or from the premises on which the suspected sheep or goat is kept if the inspector considers that the sheep or goat was exposed to a TSE on those premises; or
(b)may serve a notice prohibiting the movement onto or from any premises of any sheep or goat if there is evidence that the suspected sheep or goat was exposed to a TSE on those premises; 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 the inspector suspects such an animal is kept.
(2) Movements of animals restricted under this Schedule are only permitted in accordance with regulation 16.
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, as soon as is reasonably possible, remove all restrictions imposed because of the suspected animal.
6.—(1) This paragraph applies 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, and BSE is excluded in accordance with the procedure set out in Annex X, Chapter C, point 3(2)(c) of that Regulation except where the Department decides to exercise the power in paragraph 9(2).
(2) 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),
must decide which of the options set out in points 2(3)(b)(i) and(ii) of Annex VII of that Regulation it intends to exercise.
(3) The Department must then serve a notice on the occupier of the premises in question informing the occupier of which of the options in those points it intends to exercise.
(4) The notice must specify—
(a)the identity of the animals (if any) 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; and
(e)the time limit for complying with the notice.
(5) The appeals procedure in regulation 10 applies in relation to any decision under this paragraph.
7.—(1) This paragraph applies 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 a TSE, and BSE is excluded in accordance with the procedure set out in Annex X, Chapter C, point 3(2)(c) of that Regulation except where the Department decides to exercise the power in paragraph 9(2).
(2) The Department, after carrying out the inquiry specified in Article 13(1)(b) of the Community TSE Regulation and in point 1(b) of Annex VII of that Regulation, must serve a notice on the occupier of the premises informing them that it intends to kill and destroy all the goats on the premises and all embryos and ova from those animals in accordance with Article 13(1)(c) of, and point 2.3(b)(i) of Annex VII of that Regulation.
(3) The appeals procedure in regulation 10 applies in relation to any decision under this paragraph.
8.—(1) This paragraph applies if TSE is confirmed in a suspected sheep or goat, or a body of a sheep or goat monitored under Annex III of the Community TSE Regulation, and BSE cannot be excluded by the results of a ring trial carried out in accordance with the procedure set out in Annex X, Chapter C, point 3(2)(c) of that Regulation.
(2) 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, must serve a notice on the occupier of the premises informing them of its intention to kill and destroy the animals, embryos and ova in accordance with Article 13(1)(c) and point 2(3)(a) of Annex VII of that Regulation.
(3) The appeals procedure in regulation 10 applies in relation to any decision under this paragraph.
9.—(1) This paragraph applies if the TSE confirmed in a suspected sheep or goat, or a body of a sheep or goat monitored under Annex III of the Community TSE Regulation is atypical scrapie, and BSE is excluded in accordance with the procedure set out in Annex X, Chapter C, point 3(2)(c) of that Regulation.
(2) The Department may decide not to apply paragraph 6 in respect of sheep, or paragraph 7 in respect of goats.
(3) If the Department decides not to apply either paragraphs 6 or 7, it must instead of complying with the requirements in those paragraphs—
(a)carry out the inquiry specified in Article 13(1)(b) of the Community TSE Regulation and in point 1(b) of Annex VII of that Regulation; and
(b)decide which of the options set out in points 5(a) and 5(b) of Annex VII of that Regulation it intends to exercise.
(4) The Department must then serve a notice on the occupier of the premises informing them which of the options in those points it intends to exercise.
(5) If the Department chooses the option set out in point 5(a) of Annex VII of the Community TSE Regulation, the notice must specify—
(a)the identity of the animals (if any) to be killed and destroyed;
(b)the identity of any ovum or embryo (if any) to be destroyed; and
(c)the time limit for complying with the notice.
(6) If the Department chooses the option set out in point 5(b) of Annex VII of the Community TSE Regulation, for two breeding years following the detection of the last TSE case, the occupier—
(a)must identify all sheep and goats on the premises; and
(b)must subject the premises to the intensified TSE monitoring set out in point 5(b)(ii) of that Annex,
and failure to comply with this sub-paragraph is an offence.
(7) A person may not dispatch any live ovine or caprine animals identified under sub-paragraph (6)(a) or embryos or ova from such animals to a member State or third country, and failure to comply with this sub-paragraph is an offence.
(8) The appeals procedure in regulation 10 applies in relation to any decision under this paragraph.
10. The Department must not kill any sheep or goat, or destroy any ovum or embryo, under this Schedule until—
(a)it has received written notification from the person on whom the notice is served 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.
11.—(1) An inspector must ensure that any animal specified for killing in the notice in paragraphs 6(3), 7(2), 8(2) or 9(4) 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) applies is not killed on the premises on which it is kept, 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 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.
12. For the purposes of point 2(4) 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.
13. In the case of an infected animal on common grazing, the Department may limit a notice under paragraphs 6(3), 7(2), 8(2) or 9(4) to an individual flock or herd in accordance with point 2(4) of Annex VII of the Community TSE Regulation.
14. Where more than one flock is kept on a premises, the Department may limit a notice under paragraphs 6(3), 7(2), 8(2) or 9(4) to an individual flock or herd in accordance with point 2(4) of Annex VII of the Community TSE Regulation.
15. If there is a change in occupation of any premises, the previous occupier must 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 is an offence.
16. Any person who introduces an animal onto any premises in contravention of point 3(1) of Annex VII of the Community TSE Regulation is guilty of an offence.
17. Any person who uses ovine germinal products in contravention of point 3(2) of Annex VII of the Community TSE Regulation is guilty of an offence.
18. Any person who moves an animal from any premises in contravention of point 3(3) of Annex VII of the Community TSE Regulation is guilty of an offence.
19. For the purposes of point 3(4) of Annex VII of the Community TSE Regulation the relevant dates must be established by the Department giving written notification of those dates to the occupier of the premises in question.
20.—(1) If any animal of 18 months of age 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 they are directed in writing to move or dispose of it by the Department.
(2) It is an offence not to comply with this paragraph or to fail to comply with a direction under it.
21. 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.
22.—(1) The Department must 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.
23. The Department must 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—
| Animal or product | Compensation (£) |
|---|---|
| In this paragraph “ordinary” in relation to an animal is defined as meaning that it is not pure bred. | |
| Pure bred sheep or goats | Market value of animal |
| Ordinary male adult sheep or goats | 90 |
| Ordinary female adult sheep or goat | 65 |
| Ordinary sheep in lamb and ordinary goat in kid | 115 |
| Ordinary lamb (under 12 months old) or ordinary kid (under 12 months old) | 50 |
| Embryo | 150 |
| Ovum | 5 |
24.—(1) If the owner of an animal considers the compensation in the preceding paragraph to be unreasonable the owner may notify the Department and where the owner does so the compensation must 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 it may notify the owner and where it does so the compensation must 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 must value the animal at the price that might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal was not from a flock or herd affected by a TSE.