The Older Cattle (Disposal) (Scotland) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the enforcement of Commission Regulation (EC) No. 716/96, adopting exceptional support measures for the beef market in the United Kingdom (O.J. No. L 99, 20.4.96, p.14; “the Commission Regulation”), following the entry into force of Commission Regulation (EC) No. 2109/2005 (O.J. No. L 331, 22.12.2005, p.25). The Commission Regulation provides for a Community co-financed scheme authorising the United Kingdom competent authority to purchase any bovine animal born or reared within the United Kingdom before 1st August 1996 which does not exhibit any clinical sign of BSE and which was, during a period of at least six months prior to its sale, present on a holding located in the United Kingdom. The Commission Regulation also contains provisions relating to the slaughter and disposal of such animals.

Regulation 4 provides that any occupier of a slaughterhouse shall comply with the provisions of the Commission Regulation referred to in Column 1 (and described in Column 2) of Part I of the Schedule to the Regulations and that any occupier of an incineration plant or rendering plant shall comply with the provisions of the Commission Regulation referred to in Column 1 (and described in Column 2) of Part II of the Schedule to the Regulations.

Regulations 5 to 8 provide for the powers of inspectors and the consequences of failure to comply with, or of obstructing, the inspectors.

Regulation 9 provides that it is an offence to contravene or to fail to comply with any provision in the Regulations. Regulation 10 provides that an offence shall be punishable on summary conviction to a fine not exceeding level 5 on the standard scale or three months imprisonment or both. On indictment the penalty is an unlimited fine or two years imprisonment or both.

Regulation 11 provides that these Regulations are to be enforced by the Scottish Ministers.

A full Regulatory Impact Assessment has not been produced for this instrument as it has no impact on the costs of business.