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The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010

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Confirmation of atypical scrapie in sheep or goats

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10.—(1) This paragraph applies if the TSE confirmed in a suspect sheep or goat, or a body of a sheep or goat, monitored under Annex III to the EU TSE Regulation is atypical scrapie, and BSE is excluded in accordance with the procedure set out in point 3.2(c) of Chapter C of Annex X to that Regulation (further examination of positive TSE cases).

(2) The Scottish Ministers may decide not to apply paragraph 6 in respect of sheep, or paragraph 7 in respect of goats.

(3) If the Scottish Ministers decide not to apply either paragraph 6 or 7, the Scottish Ministers must, instead of complying with the requirements in that paragraph—

(a)carry out the inquiry specified in Article 13(1)(b) of, and point 1(b) of Chapter A of Annex VII to, the EU TSE Regulation (measures following confirmation of the presence of a TSE); and

(b)decide which of the options set out in point 5(a) or (b) of Chapter A of Annex VII to that Regulation the Scottish Ministers intend to exercise.

(4) The Scottish Ministers must then serve a notice on the occupier of the holding informing him or her of which option the Scottish Ministers intend to exercise.

(5) If the Scottish Ministers choose the option set out in point 5(a) of Chapter A of Annex VII to the EU TSE Regulation, the notice must specify—

(a)the identity of the animals (if any) to be killed and destroyed;

(b)the identity of any ovum or embryo (if any) to be destroyed; and

(c)the time limit for complying with the notice.

(6) If the Scottish Ministers choose the option set out in point 5(b) of Chapter A of Annex VII to the EU TSE Regulation, for 2 breeding years following the detection of the last TSE case, the occupier must—

(a)identify all sheep and goats on the holding by attaching a tag to the ear of each animal;

(b)ensure that no tag is removed, other than as directed or permitted by the Scottish Ministers; and

(c)subject the holding to the intensified TSE monitoring set out in point 5(b)(ii) of Chapter A of that Annex,

and failure to comply with this sub-paragraph is an offence.

(7) No person may export any live sheep or goat identified under sub-paragraph (6) or embryos or ova from such animals to another Member State or third country, and failure to comply with this sub-paragraph is an offence.

(8) The appeals procedure in regulation 10 applies in relation to any decision by the Scottish Ministers under this paragraph.

(9) In sub-paragraph (6), “tag” means an identification tag approved for the purposes of sub-paragraph (6) by the Scottish Ministers.

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