Slaughter at slaughterhouses: Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation
88.—(1) This regulation and regulation 89 below apply where, for the purposes of the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation the Scottish Ministers are satisfied that it is necessary to slaughter–
(a)any female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal; or
(b)any animal of first generation progeny of–
(i)a female bovine animal infected with a TSE; or
(ii)a BSE-confirmed ovine or caprine animal.
(2) Where the Scottish Ministers are satisfied that it is necessary for these purposes to slaughter an animal of a description referred to in paragraph (1) above at premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 an inspector shall so inform the occupier of the premises concerned and direct the occupier to slaughter the animal in such manner and within such period as the inspector directs.
(3) Before an inspector directs an occupier to slaughter an animal under this regulation, that inspector shall consider the hygiene, specified risk material or animal welfare requirements with which the occupier must comply at the slaughterhouse in relation to–
(a)the slaughter of the animal; and
(b)any related operation, including–
(i)the handling of the animal before and at slaughter, or the handling, storage, treatment and disposal of the carcase, any part of the carcase or any blood derived from the carcase or any part of the carcase; and
(ii)any operation in relation to any other animal or the slaughter of any other animal at the slaughterhouse, including the handling of any other animal before and at slaughter, or the handling, storage, treatment and disposal of the carcase, any part of the carcase or any blood derived from the carcase or any part of the carcase of any other animal.
(4) Where the inspector is satisfied that for the purpose of complying with any of these requirements the occupier must–
(a)slaughter any other animal at the slaughterhouse; or
(b)carry out any such related operation,
the inspector shall direct the occupier to slaughter the other animal or carry out the related operation in such manner and within such period as the inspector directs.
(5) In directing an occupier under this regulation, an inspector may direct that occupier in relation to–
(a)the keeping and handling before and at slaughter of any animal at the slaughterhouse, whether or not it is to be slaughtered under a direction given under this regulation;
(b)the arrangements for the slaughter at the slaughterhouse of any animal slaughtered under a direction given under this regulation; and
(c)the treatment, storage and disposal of the carcase of any animal slaughtered at the slaughterhouse or any part of the carcase or any blood derived from the carcase or any part of the carcase.
(6) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given.
(7) 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.