The TSE (Scotland) Regulations 2002

Retention and seizure of carcases etc.: Article 15(2) of, and Chapter B of Annex VIII to, the Community TSE Regulation

90.—(1) This regulation applies where for any purpose connected with the administration or enforcement of Article 15(2) of, and Chapter B of Annex VIII to, Community TSE Regulation, the Scottish Ministers are satisfied that it is necessary–

(a) to require an occupier of premises to retain on the premises under the direction of the Scottish Ministers–

(i) any female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;

(ii) any animal of first generation progeny of, or semen, embryos or ova derived from, a female bovine animal infected with a TSE or a BSE-confirmed ovine or caprine animal;

(iii) any carcase of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal;

(iv) any carcase of an animal of first generation progeny of a female bovine animal infected with a TSE or carcase of a BSE-confirmed ovine or caprine animal; or

(v) any part of such a carcase or any blood derived from any such carcase or part; or

(b) to seize from any premises any such animal, semen, embryos, ova, carcase, part of a carcase or blood.

(2) For such purpose an inspector may–

(a) direct the occupier of the premises to retain on the premises any such animal, semen, embryos, ova, carcase, part of a carcase or blood; or

(b) seize or dispose of any such animal, semen, embryos, ova, carcase, part of a carcase or blood whether or not it is an animal, semen, embryos, ova, a carcase, part of a carcase or blood which the occupier has been required to be retained under the direction of an inspector.

(3) Directions from an inspector to an occupier under this regulation may include directions in relation to the treatment, storage and disposal of the animal or semen, embryos, ova, the carcase, part of the carcase or blood.

(4) Any direction under this regulation shall be complied with at the expense of the person to whom the direction is given.

(5) If a direction under this regulation is not complied with, an inspector may arrange for it to be complied with and any costs reasonably incurred by an inspector in respect of such an arrangement shall be recoverable as a debt from the person who has failed to comply with the direction.