http://www.legislation.gov.uk/id/ssi/2002/255/schedule/1

http://www.legislation.gov.uk/ssi/2002/255/schedule/1/part/VI/made

The TSE (Scotland) Regulations 2002

Inspections

King's Printer for Scotland

2016-09-14

ANIMAL HEALTH

These Regulations make provision in Scotland, otherwise than in relation to trade, for–the administration and enforcement of the following directly applicable Community legislation (“the Community TSE Regulation and Community Transitional Measures”)–Regulation (EC) No. 999/2001 of the European Parliament and of the Council of 22nd May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (O.J. No. L 147, 31.5.2001, p.1) (“the TSE Regulation”);Commission Regulation (EC) No. 1248/2001 of 22nd June 2001 amending Annexes III, X and XI to Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards epidemio-surveillance and testing of transmissible spongiform encephalopathies (O.J. No. L 173, 27.6.2001, p.12);Commission Regulation (EC) No. 1326/2001 of 29th June 2001 laying down transitional measures to permit the changeover to the Regulation of the European Parliament and of the Council (EC) No. 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, and amending Annexes VII and XI to that Regulation (O.J. No. L 177, 30.6.2001, p.61); andCommission Regulation (EC) No. 270/2001 of 14th February 2002 amending Annex XI to Regulation (EC) No. 999/2001 of the European Parliament and of the Council as regards bovine vertebral column and amending Regulation (EC) No. 1326/2001 as regards animal feeding and the placing on the market of ovine and caprine animals and products thereof (O.J. No. L 45, 15.12.2002 2002, p.4); andcontinuing the implementation of Council Decision 2000/766/EC (O.J. No. L 306, 7.12.2000, p.32) concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein, and Commission Decision 2001/9/EC (O.J. No. L 2, 5.1.2001, p.32) concerning control measures required for the implementation of Council Decision 2000/766/EC, in accordance with Article 1(2) of Commission Regulation (EC) No. 1326/2001.

SCHEDULE 1Compensation

Part VICompensation for seizure or disposal under regulation 90

1

Subject to paragraph 5 below, the compensation for any–

a

carcase of a TSE suspect or confirmed animal or the carcase of a first generation progeny of any such animal;

b

part of such a carcase or any blood derived from any such carcase or part; or

c

semen, embryos or ova derived from any TSE suspect or confirmed animal,

seized or disposed of under regulation 90 above shall be compensation to the owner of the carcase, part, blood or semen, embryos or ova of an amount equal to the value of the carcase, part, blood or semen, embryos or ova at the time it was seized or disposed of.

2

The value of any carcase, part, blood or semen, embryos or ova seized or disposed of under regulation 90 above shall be determined–

a

by agreement between the Scottish Ministers and the owner of the carcase, part, blood or semen, embryos or ova retained, seized or disposed of;

b

failing agreement by an arbiter appointed jointly by the Scottish Ministers and the owner of the carcase, part, blood or semen, embryos or ova seized or disposed of; or

c

failing such agreement or appointment, by an arbiter appointed by the President of the Institute of Auctioneers and Appraisers in Scotland and the liability for the costs of the arbiter shall be determined by the arbiter.

3

The owner of a carcase, part, blood or semen, embryos or ova seized or disposed of under regulation 90 above shall pay any reasonable expenses incurred by the Scottish Ministers in connection with the seizure or disposal.

4

These expenses shall be deducted from the amount of any compensation payable to the owner for the value of the carcase, part, blood or semen, embryos or ova seized or disposed of.

5

If the amount of these expenses exceed the amount of compensation payable to the owner, the Scottish Ministers shall serve on the owner a notice specifying the amount of the excess and the period for payment of this amount to the Scottish Ministers.

6

The owner shall pay to the Scottish Ministers the amount of the excess within the period specified in the notice.

7

On the expiry of that period, the amount of the excess shall be recoverable as a debt by the Scottish Ministers from the owner.