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The TSE (Scotland) Regulations 2002

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Retention and seizure of carcases etc. of TSE susceptible animals

8.—(1) This regulation applies where the Scottish Ministers are satisfied that for any purpose connected with the administration or enforcement of the annual programme of monitoring under article 6 of the Community TSE Regulation it is necessary–

(a)to require an occupier of premises to retain on the premises, under the direction of the Scottish Ministers, a carcase of a TSE susceptible animal, any part of such a carcase or any blood derived from any such carcase or part; or

(b)to seize from any premises the carcase of a TSE susceptible animal, any part of such a carcase or any blood derived from any such carcase or part.

(2) For any such purpose an inspector may–

(a)direct the occupier of the premises to retain on the premises a carcase of a TSE susceptible animal on the premises, any part of such a carcase or any blood derived from any such carcase or part; or

(b)seize or dispose of–

(i)any carcase of a TSE susceptible animal from any premises, or any part of such a carcase, whether or not it is a carcase or part of a carcase which the occupier has been required to be retained under the direction of an inspector; or

(ii)any blood derived from a carcase of a TSE susceptible animal or any part of such a carcase, whether or not the carcase or part of the carcase from which the blood is derived has been required to be retained under the direction of an inspector or has been seized by an inspector.

(3) The power of an inspector to direct an occupier under this regulation to retain a carcase, part of a carcase or blood derived from any carcase or part includes the power to make directions in relation to the treatment, storage and disposal of the carcase, part or blood.

(4) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given, except where and to the extent that the Scottish Ministers are satisfied that it is not proportionate for that person to bear some or all of that expense.

(5) Where the Scottish Ministers are satisfied that it is not proportionate for a person to whom a direction is given to bear some or all of the expense of complying with it, they shall give notice to that person of the proportion of the expense, if any, which they are satisfied the person should bear.

(6) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with and may recover the expense of such compliance from the person to whom the direction was given.

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