Derogation
11.—(1) Subject to sub-paragraphs (2) to (4)—
(a)the Department 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 Department for a delay in the destruction of any such animals.
(2) The Department 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 Department may decide upon, or consent to, a delay of up to five breeding years.
(4) The Department 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 Department must provide the applicant with a decision in writing, stating that the Department —
(a)consents to the application;
(b)consents in part to the application; or
(c)refuses the application.
(7) The Department may impose any conditions that it considers to be reasonably necessary in relation to any decision made, or consent granted, under this paragraph.
(8) Unless the Department consents to the application in full, the appeals procedure in regulation 10 applies.