Confirmation of TSE in sheep
6.—(1) This paragraph applies if it is confirmed that a suspected sheep, or a body of a sheep monitored under Annex III to the EU 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 10(2) and (3).
(2) The Department, after—
(a)carrying out the inquiry specified in Article 13(1)(b) and point 1(b) of Annex VII to the EU 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 2 (3) (b)(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 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.