SCHEDULE 5Amendments

PART 1Amendments to the TSE (Scotland) Regulations 2002

1.  The TSE (Scotland) Regulations 2002(1) are amended in accordance with this Part.

2.  In regulation 3 (interpretation), for the definition of “ABPO approved” in paragraph (1), there is substituted–

ABPR approved”, in relation to premises, means approved under article 40 of the Animal By-Products (Scotland) Regulations 2003(2), and “ABPR approval” shall be construed accordingly;.

3.  At the end of regulation 13 (mammalian meat and bone meal for use in fertilisers on agricultural land), there is inserted–

(7) In this regulation mammalian meat and bone meal does not include any compost or digestion residues resulting from the treatment of animal by-products in a composting or biogas plant in accordance with the Animal By-Products (Scotland) Regulations 2003..

4.  In regulations 16(2)(b), 17(3)(a) and (b) and 20(1)(c), for “ABPO approved” or “ABPO approval”, there is respectively substituted “ABPR approved” or “ABPR approval” as the case may be.

5.  Immediately after regulation 34, there is inserted–

Mixing specified risk material with other animal material

34A.  Any animal material that comes into contact with, or is mixed with, specified risk material shall be treated as specified risk material..

6.  For regulation 40 (consignment of specified risk material after removal from carcases), there is substituted–

40.  Once specified risk material has been removed from the carcase and treated in accordance with this Part of these Regulations, including any material treated as if it were specified risk material in accordance with regulation 33(5) or 34(4) above, or, in the case of specified solid waste, recovered from the drainage system, the person responsible for its removal or recovery shall, without unreasonable delay–

(a)consign it to be handled in accordance with the Animal By-Products (Scotland) Regulations 2003; or

(b)consign it to premises licensed under regulation 56..

7.  For Schedule 5 (Application of Part IV of the Regulations to scheme animals) there is substituted–

Regulation 30(4)

SCHEDULE 5Application of part IV of the Regulations to scheme animals

Regulation 34Not applicable
Regulation 39(6)(b)Not applicable
Regulation 56Not applicable.

S.S.I. 2003/[ ]