Regulation 5(b)
1.Control and eradication of TSE – notification
2.Restriction of a notified animal
3.Slaughter of a suspect animal
4.Identification and restriction of offspring and cohorts
5.Action following confirmation
6.Death while under restriction
7.Placing on the market of bovine progeny
8.When compensation is payable
9.Amount of compensation payable
10.Exceptions
1.—(1) For the purposes of Article 11 of the EU TSE Regulation, any person who has in their possession or under their control any bovine animal suspected of being affected by a TSE must immediately notify the Secretary of State and detain it on the premises until it has been examined by a veterinary inspector.
(2) Any veterinary surgeon who examines or inspects any such animal must, with all practical speed, notify the Secretary of State.
(3) Any person (other than the Secretary of State) who examines the body of any bovine animal, or any part of it, in a laboratory and who reasonably suspects the presence of a TSE must immediately notify the Secretary of State, and retain the body and any parts of it until a veterinary inspector has authorised disposal.
(4) Failure to comply with this paragraph is an offence.
2.—(1) If an animal is the subject of a notification under paragraph 1 a veterinary inspector may serve a notice prohibiting its movement from the premises pending determination of whether or not it is suspected of being infected with a TSE.
(2) Movements of restricted animals are only permitted in accordance with regulation 16.
3.—(1) For the purposes of Article 12(1) and (2) of the EU TSE Regulation, if a veterinary inspector suspects that a bovine animal is infected with a TSE, the veterinary inspector must either—
(a)kill it on the holding immediately;
(b)remove its cattle passport and serve a notice prohibiting the animal from being moved from the holding until it has been killed; or
(c)ensure that its cattle passport is stamped “Not for human consumption” and serve a notice directing the occupier to consign it to other premises for killing and prohibiting movement other than in accordance with that direction.
(2) The veterinary inspector must restrict the movement of other bovine animals on the holding in accordance with the second, third and fifth paragraphs of Article 12(1) of the EU TSE Regulation as read with Article 2(1)(a) of Commission Decision 2007/411/EC.
(3) The veterinary inspector may restrict the movement of bovine animals on other holdings in accordance with the fourth paragraph of Article 12(1) of the EU TSE Regulation.
(4) If the animal is killed on the holding, it is an offence to remove the body from that holding except in accordance with a written direction from an inspector.
4.—(1) In accordance with Article 13(2) of the EU TSE Regulation, as read with Article 2(1)(b) and (2) of Commission Decision 2007/411/EC, if—
(a)a veterinary inspector suspects that a bovine animal is infected with a TSE;
(b)the monitoring of carcases under Part 1 of Schedule 2 of these Regulations, or under Annex III to the EU TSE Regulation, confirms that an animal is suspected of being infected with a TSE; or
(c)the competent authority of another part of the United Kingdom or another member State notifies the Secretary of State that a bovine animal is suspected of being infected with a TSE,
an inspector must identify—
(d)(if the suspect animal is female) all its offspring born within two years prior to, or after, clinical onset of the disease; and
(e)(in all cases) all its bovine cohorts born on or after 1st August 1996,
and for these purposes the animal’s date of birth is the one shown on its cattle passport.
(2) An inspector must serve notices prohibiting movement of those animals from the holding on which they are kept or where that inspector suspects they may be kept (whether or not this is the same holding as that of the suspect animal) and remove their cattle passports.
(3) If the animals in sub-paragraph (1) cannot be immediately identified an inspector may prohibit the movement of any bovine animal from the holding pending identification.
(4) Movements of restricted animals are only permitted in accordance with regulation 16.
5.—(1) In accordance with Article 13(1)(c) of, and point 2 of Annex VII to, the EU TSE Regulation, as read with Articles 2(1)(b) and 2(2) of Commission Decision 2007/411/EC, if it is confirmed that the suspect animal was infected with a TSE an inspector must—
(a)(if the animal is female) kill all its offspring born within two years prior to, or after, clinical onset of the disease; and
(b)(in all cases) kill all the bovine animals in its cohort born on or after 1st August 1996 except where the inspector is satisfied that —
(i)(in all cases) the animal did not have access to the same feed as the affected animal; or
(ii)(where the animal is a bull) the animal is continuously kept at, and will not be removed from, a semen collection centre, in which case the killing may be deferred until the end of that animal’s productive life.
(2) The appeals procedure in regulation 10 applies to a decision to kill under sub-paragraph (1)(b), and no animal may be killed until—
(a)receipt of written notification from the person on whom the notice is served that that person has no intention to proceed with an appeal;
(b)after the 21-day period for appeal under regulation 10 is completed; or
(c)if there is an appeal, the appeal is determined or withdrawn.
(3) Where sub-paragraph 1(b)(ii) applies, it is an offence to remove the animal from the semen collection centre, except in accordance with a licence issued under regulation 16.
(4) If an animal is to be killed in accordance with this paragraph, but is not to be killed on the holding, an inspector must ensure that its passport is stamped “Not for human consumption” and must direct the owner in writing to consign it to other premises for killing as specified in the direction.
(5) If the test is negative the inspector must remove all restrictions imposed because of the suspect animal and return the cattle passports.
(6) When an animal is killed under this paragraph, it is an offence to remove the carcase from the premises on which it was killed except in accordance with a written direction from an inspector.
6. If any animal dies or is killed while it is under restriction for any reason under this Schedule, the owner must immediately notify the Secretary of State, and retain the body on the premises until directed to move or dispose of it by an inspector, and it is an offence not to comply with this paragraph or to fail to comply with a direction under it.
7. Any person who places on the market any first generation progeny of a bovine animal in contravention of Article 15(2) of, and Chapter B of Annex VIII to, the EU TSE Regulation is guilty of an offence.
8. The Secretary of State must pay compensation—
(a)when an animal is killed under this Schedule;
(b)where an animal is to be killed under this Schedule, and has been valued for the purposes of compensation, but dies (or is killed for other reasons) after valuation; and
(c)where an animal is subject to a movement restriction under this Schedule and has to be killed as an emergency and a veterinary surgeon has declared in writing that the animal would otherwise have been fit for human consumption in accordance with Chapter VI of Section I of Annex III to Regulation (EC) No 853/2004, in which case compensation is the value of the body (including the blood and the hide).
9.—(1) The compensation is the average price paid in Great Britain for that age and category of animal—
(a)for a pedigree animal, in the twenty-four weeks before the date of its valuation; and
(b)for any other bovine animal, in the four weeks before the date of its valuation.
(2) A pedigree animal is one for which a pedigree certificate has been issued by a breeders’ organisation or association that fulfils the conditions of Commission Decision 84/247/EEC(1) laying down the criteria for the recognition of breeders’ organisations and associations which maintain or establish herd-books for pure-bred breeding animals of the bovine species.
(3) The Secretary of State must categorise animals in accordance with the following table, and for the purposes of determining which category the animal falls into, the age of the animal is the age, as shown by its cattle passport, at the date on which the notice of intention to kill was served—
| Male | Female | ||
|---|---|---|---|
| Beef Sector — non-pedigree animal | |||
| Up to and including 3 months | Up to and including 3 months | ||
| Over 3 months up to and including 6 months | Over 3 months up to and including 6 months | ||
| Over 6 months up to and including 9 months | Over 6 months up to and including 9 months | ||
| Over 9 months up to and including 12 months | Over 9 months up to and including 12 months | ||
| Over 12 months up to and including 16 months | Over 12 months up to and including 16 months | ||
| Over 16 months up to and including 20 months | Over 16 months up to and including 20 months | ||
| Over 20 months | Over 20 months | ||
| Breeding bulls | Calved | ||
| Other | Not calved | ||
| Dairy Sector — non-pedigree animal | |||
| Up to and including 3 months | Up to and including 3 months | ||
| Over 3 months up to and including 6 months | Over 3 months up to and including 6 months | ||
| Over 6 months up to and including 12 months | Over 6 months up to and including 12 months | ||
| Over 12 months up to and including 16 months | Over 12 months up to and including 16 months | ||
| Over 16 months up to and including 20 months | Over 16 months up to and including 20 months | ||
| Over 20 months | Over 20 months | ||
| Calved | |||
| Not Calved | |||
| Beef Sector — pedigree animal | |||
| 6 months up to and including 12 months | 6 months up to and including 12 months | ||
| Over 12 months up to and including 24 months | Over 12 months up to and including 24 months | ||
| Over 24 months | Over 24 months (not calved) | ||
| Calved under 36 months | |||
| Calved 36 months and over | |||
| Dairy Sector — pedigree animal | |||
| Up to and including 2 months | Up to and including 2 months | ||
| Over 2 months up to and including 12 months | Over 2 months up to and including 10 months | ||
| Over 12 months up to and including 24 months | Over 10 months up to and including 18 months | ||
| Over 24 months | Over 18 months (not calved) | ||
| Calved under 36 months | |||
| Calved 36 months and over | |||
10.—(1) Where the Secretary of State considers that the data to calculate the average price are inadequate, the Secretary of State may pay compensation—
(a)for animals in that category, at the most recent previously calculated average price for which there was sufficient data to calculate the average price; or
(b)for the individual animal, at the market value.
(2) For buffalo or bison, compensation is the market value.
(3) For the purposes of this paragraph, the market value is the price that would reasonably be expected to have been obtained for the animal from a buyer in the open market at the time of the valuation, and on the assumption that the animal was not affected by a TSE.
(4) Where the owner and the Secretary of State cannot agree on a market value the valuation must be carried out in accordance with the procedure laid down in regulation 11(3) to (8) with the owner paying any valuation fee arising.
OJ No L 125, 12.5.1984, p 58.