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The TSE (Scotland) Amendment Regulations 2004

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Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the TSE (Scotland) Regulations 2002 (S.S.I. 2002/255) (“the principal Regulations”).

They make provision for the enforcement in Scotland of Annex VII (other than paragraphs 1(a) and 2(a)) to Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ No. L 147, 31.5.2001, p. 1) (“the Community TSE Regulation”). Annex VII was replaced by Commission Regulation (EC) No. 1915/2003 of the European Parliament and of the Council as regards the trade and import of ovine and caprine animals and the measures following the confirmation of transmissible spongiform encephalopathies in bovine, ovine and caprine animals (OJ No. L 283, 31.10.2003, p. 29).

These Regulations add a new Schedule 6A to the principal Regulations. That Schedule provides that the Scottish Ministers are the competent authority for the purposes of Annex VII to the Community TSE Regulation (paragraph 1 of the Schedule).

They make provision for notifications to be given and procedures to be followed on confirmation of transmissible spongiform encephalopathies in sheep and goats (paragraphs 2 to 7). These include an offence of failure to transmit a notice served on a holding to a new occupier of the holding (paragraph 8).

Part II of the Schedule regulates the movement of sheep and goats following notification under Part I (paragraphs 9 to 13) and provides for potential derogations specified in Annex VII to the Community TSE Regulation (paragraph 14).

Part III provides a procedure for review of notices served under the Schedule.

Part IV specifies compensation for animals, embryos and ova destroyed in accordance with the Schedule.

A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY

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