The Specified Risk Material (Inspection Charges) Regulations 1999

Title and commencement

1.  These Regulations may be cited as the Specified Risk Material (Inspection Charges) Regulations 1999 and shall come into force on 29th March 1999.

Interpretation

2.  In these Regulations, unless the context otherwise requires–

“authorised” means authorised under regulation 15(7) of the Specified Risk Material Regulations 1997(1);

“cutting premises” means cutting premises (as defined by regulation 2(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995(2)) licensed under regulation 4 thereof;

“employers' National Insurance contributions” means those social security contributions for which employers are liable under Part I of the Social Security Contributions and Benefits Act 1992(3);

“owner” means, in relation to any slaughterhouse or any authorised cutting premises, any person (save one who is also its occupier) who owns any interest in it;

“slaughterhouse” includes an authorised slaughterhouse;

“the SRM charge” means the charge calculated in accordance with the Schedule to these Regulations in respect of the costs incurred by the Minister in carrying out the SRM inspections;

“the SRM inspections” means any of the inspections and controls specified in regulation 10(9) or 15(4) of the Specified Risk Material Regulations 1997;

“SRM inspector” means a person engaged in carrying out the SRM inspections on behalf of the Minister.

Charges

3.—(1) The Minister shall send to the occupier of any slaughterhouse or any authorised cutting premises notification of the SRM charge in respect of the SRM inspections undertaken there in any accounting period as soon as practicable after the end of that period.

(2) As soon as the SRM charge has been notified to an occupier in accordance with paragraph (1) above, both the occupier and the owner of the establishment in respect of which it arose shall be jointly and severally liable for the amount of the charge as a debt owed to the Minister.

(3) For the purposes of this regulation, “accounting period” means a period determined by the Minister.

Information

4.—(1) Any person shall, on demand being made to him by the Minister, supply–

(a) such information as the Minister may reasonably require for the purpose of calculating the SRM charge or of notifying an occupier or owner of it; and

(b) such evidence as the Minister may reasonably require to enable him to verify any information supplied to him under sub-paragraph (a) of this paragraph.

(2) Any person who–

(a) in purported compliance with paragraph (1) above knowingly or recklessly furnishes information which is false or misleading in a material particular; or

(b) without reasonable excuse fails to comply within a reasonable time with a demand made under paragraph (1) above,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Amendments to the Specified Risk Material Regulations 1997

5.—(1) The Specified Risk Material Regulations 1997 shall be amended in accordance with the following paragraphs of this regulation.

(2) The following paragraph shall be inserted after paragraph (10) of regulation 10 (initial treatment of bovine, sheep and goat carcases in a slaughterhouse)–

“(11) No person shall sell the carcase of any ruminant animal for human consumption unless it has been subjected to the controls specified in–

(a) paragraph (9) above; or

(b) (in the case of the carcase of any sheep or goat consigned to an authorised slaughterhouse or to authorised cutting premises pursuant to paragraph (2)(b) above) regulation 15(4) below,

and found to comply with the requirements of these Regulations.”.

(3) The following regulation shall be inserted after regulation 31 (enforcement)–

“Withdrawal of inspections and supervision and suspension of authorisations

31A.— (1) Where the Minister has had judgment entered against the occupier or owner of any slaughterhouse or any authorised cutting premises for any sum for which that person is jointly and severally liable as a debt owed to the Minister under paragraph (2) of regulation 3 of the Specified Risk Material (Inspection Charges) Regulations 1999 and the occupier or owner concerned fails within a reasonable time to satisfy the judgment the Minister may, without prejudice to any other legal remedy open to him–

(a) (where the debt owed has arisen in respect of any inspections and controls carried out at a slaughterhouse in accordance with paragraph (9) of regulation 10 above) refuse to carry out any further inspections and controls at that slaughterhouse in accordance with that paragraph; and

(b) (where the debt owed has arisen in respect of any inspections carried out at an authorised slaughterhouse or at authorised cutting premises in accordance with paragraph (4) of regulation 15 above) suspend the authorisation of the slaughterhouse or cutting premises concerned,

in each case until such time as the judgment has been satisfied.

(2) In paragraph (1) above (insofar as it applies to Scotland)–

(a) the reference to the Minister having had judgment entered against the occupier or owner of a slaughterhouse or authorised cutting premises is a reference to the Minister having obtained decree against such an occupier or owner; and

(b) the references to a given judgment are references to the particular decree which is referred to earlier in that paragraph by virtue of the operation of sub-paragraph (a) of this paragraph.”.

Jeff Rooker

Minister of State, Ministry of Agriculture, Fisheries and Food

24th February 1999

Signed by authority of the Secretary of State for Health

Tessa Jowell

Minister of State for Public Health

2nd March 1999

Signed by authority of the Secretary of State for Scotland

Sewel

Parliamentary Under Secretary of State, Scottish Office

3rd March 1999

Signed by authority of the Secretary of State for Wales

Jon Owen Jones

Parliamentary Under Secretary of State, Welsh Office

3rd March 1999