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The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010

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Action following confirmation of TSE in sheep

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6.—(1) When it is confirmed that a suspect sheep or the body of a sheep monitored under Annex III to the EU TSE Regulation (monitoring system) has a TSE, 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), the Scottish Ministers, after—

(a)carrying out the inquiry specified in Article 2.3(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)sampling the animals to establish their genotype (if this is necessary),

must decide which of the options set out in point 2.3(b)(i) and (ii) of Chapter A of Annex VII to the EU TSE Regulation they intend to exercise.

(2) The Scottish Ministers must then serve a notice on the occupier of the holding identifying which of the options in point 2.3(b)(i) or (ii) of Chapter A of Annex VII to that Regulation they intend to exercise.

(3) The notice must specify—

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

(b)the identity of any animals to be slaughtered for human consumption;

(c)the identity of any animals that may be detained;

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

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

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

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