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The TSE (Scotland) Amendment (No. 2) Regulations 2005

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Amendment of the TSE (Scotland) Regulations 2002

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4.  After regulation 10 (notifications), insert–

Slaughter of bovine animals over 30 months of age

10A.(1) No person shall carry on the business of a slaughterhouse for the slaughter of a relevant bovine animal unless that person has agreed in writing with an OVS the Required Method of Operation in respect of the slaughter of relevant bovine animals at the slaughterhouse in question.

(2) Without prejudice to the inclusion in it of other provisions, a relevant agreement shall contain provisions stating how each requirement referred to in Schedule 1A is to apply in respect of the Required Method of Operation at the slaughterhouse in question.

(3) A relevant agreement (irrespective of its content) may be suspended or revoked by the OVS by notice in writing served on the occupier if the OVS is of the opinion that it is not being complied with, or if a reasonable proposed alteration of the agreement suggested by the OVS in writing to the occupier has not been accepted by the occupier within 7 days; and if the OVS suspends or revokes the agreement–

(a)the occupier may make representations on the suspension or revocation to a person appointed for the purpose by the Scottish Ministers;

(b)the appointed person shall consider the representations and report in writing to the Scottish Ministers; and

(c)the Scottish Ministers shall give written notification of their determination and the reasons for it.

(4) The occupier of the slaughterhouse shall ensure that the provisions contained in the relevant agreement relating to that slaughterhouse are complied with in relation to each relevant bovine animal slaughtered there.

(5) Where a relevant bovine animal is slaughtered otherwise than in accordance with the provisions contained in the relevant agreement relating to the slaughterhouse in question, an inspector may give to the occupier of that slaughterhouse a direction for the disposal of–

(a)the carcase of that relevant bovine animal; and

(b)all other parts of the body of that animal including the blood and the hide.

(6) Where an inspector gives a direction under paragraph (5), the owner of the carcase shall not be entitled to any compensation under these Regulations in respect of that carcase and the other parts of the body of the animal including the blood and the hide.

(7) If a person to whom a direction is given under paragraph (5) fails to comply with the direction, an inspector may arrange for it to be complied with–

(a)without prejudice to any proceedings arising out of such default; and

(b)at the expense of the person to whom the direction was given.

(8) Paragraphs (5) to (7) are without prejudice to paragraph (3) or to any proceedings arising out of a contravention of paragraph (1) or a failure to comply with paragraph (4).

(9) In this regulation–

(a)“relevant agreement” means an agreement referred to in paragraph (1);

(b)“relevant bovine animal” means a bovine animal over 30 months of age any part of which is intended for human consumption other than a bovine animal which belongs to a herd registered under the Beef Assurance Scheme pursuant to regulation 4 of the Fresh Meat (Beef Control) (No. 2) Regulations 1996(1);

(c)“Required Method of Operation”, in relation to a slaughterhouse, means the method of operation that would apply there.

Consignment of over age animals to a slaughterhouse

10B.(1) Subject to paragraph (2), no person shall consign to a slaughterhouse a live or dead bovine animal born or reared in the United Kingdom prior to 1st August 1996.

(2) Paragraph (1) shall not prohibit a person from consigning a bovine animal to a slaughterhouse under the purchase scheme introduced under Commission Regulation (EC) No. 716/96(2) adopting exceptional support measures for the beef market in the United Kingdom, as amended by Commission Regulations (EC) No. 774/96(3), No. 1974/96(4), No. 2149/96(5), No. 1365/97(6) and No. 667/2003(7)..

(1)

S.I. 1996/2007; the relevant amending instrument is S.I. 2000/656.

(2)

O.J. L 99, 20.4.96, p.14.

(3)

O.J. L 104, 27.4.96, p.21.

(4)

O.J. L 262, 16.10.96, p.2.

(5)

O.J. L 288, 9.11.96, p.14.

(6)

O.J. L 188, 17.7.97, p.6.

(7)

O.J. L 96, 12.4.03, p.13.

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