Regulation 5(c)
1.Notification of TSE
2.Restriction of a notified animal
3.Slaughter of a suspect animal
4.Movement restrictions
5.Action where TSE is not confirmed
6.Confirmation of TSE in sheep
7.Confirmation of TSE in goats
8.Use of milk and milk products following confirmation of classical scrapie
9.Inability to exclude BSE in sheep or goats
10.Confirmation of atypical scrapie in sheep or goats
11.Derogation
12.Time for appeals
13.Killing and destruction following confirmation
14.Infected animals from another holding
15.Common grazing
16.Multiple flocks on a holding
17.Subsequent occupiers
18.Introduction of animals onto a holding
19.Use of ovine germinal products
20.Movement of animals from a holding
21.Time of movement restrictions
22.Death while under restriction
23.Placing on the market of progeny of BSE-affected sheep and goats
24.Compensation
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 sheep or goat suspected of being infected with 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 sheep or goat, 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 notification under paragraph 1, a veterinary inspector may serve a notice prohibiting the movement of that animal from its holding, and the movement of any other sheep or goat onto or from that holding, 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 sheep or goat is infected with a TSE, they must either—
(a)kill it on the holding immediately;
(b)serve a notice prohibiting the animal from being moved from the holding until it has been killed; or
(c)serve a notice directing the owner to consign it to other premises for killing and prohibiting movement other than in accordance with that direction.
(2) If the animal is killed on the holding, it is an offence to remove the body from the holding except in accordance with a written direction from an inspector.
4.—(1) For the purposes of Article 12(1) of, and point 2(2) of Annex VII to, the EU TSE Regulation, following suspicion of a TSE (whether in a live animal or through the monitoring under Annex III to the EU TSE Regulation), an inspector—
(a)must serve a notice prohibiting the movement onto or from its holding of any sheep or goat on the same holding as the suspect sheep or goat if the inspector considers that the sheep or goat was exposed to a TSE on that holding;
(b)may serve a notice prohibiting the movement onto or from any holding of any sheep or goat if there is evidence that the suspect animal was exposed to a TSE on that holding;
(c)may serve a notice prohibiting movement onto or from a holding where an animal specified in point 1(b) of Annex VII to the EU TSE Regulation is kept or where the inspector suspects such an animal is kept; and
(d)must serve a notice prohibiting the movement of sheep or goat milk, or sheep or goat milk products, derived from any sheep or goat present on any holding referred to in sub-paragraphs (a) to (c).
(2) Movements of restricted animals or products are only permitted in accordance with regulation 16.
(3) To avoid doubt, a notice served under paragraph (1)(d) does not prohibit the use of milk or milk products within the holding.
(4) A notice referred to in paragraph (1)(a) to (d) remains in force until one of paragraphs 5, 6, 7 or 9 applies.
5. If it is confirmed that the sheep or goat was not infected with a TSE, the inspector must, as soon as reasonably possible, remove all restrictions imposed because the sheep or goat was suspected of being infected with a TSE.
6.—(1) This paragraph applies if it is confirmed that a suspect sheep, or a body of a sheep monitored under Annex III to the EU TSE Regulation, is infected with a TSE, and BSE is excluded in accordance with the procedure set out in Chapter C, point 3(2)(c) of Annex X, to that Regulation except where the Secretary of State decides to exercise the power in paragraph 10(3).
(2) The Secretary of State, after—
(a)carrying out the inquiry specified in Article 13(1)(b) of, and point 1(b) of Annex VII to, the EU TSE Regulation; and
(b)sampling the animals to establish their genotype (if this is necessary),
must decide which of the options set out in points 2(3)(b)(i) and 2(3)(b)(ii) of Annex VII to that Regulation the Secretary of State intends to exercise.
(3) The Secretary of State must then serve a notice on the occupier of the holding informing the occupier of which of those options the Secretary of State intends to exercise.
(4) The notice must specify—
(a)the identity of the animals to be killed and destroyed;
(b)the identity of the animals (if any) to be slaughtered for human consumption;
(c)the identity of the animals (if any) that may be retained;
(d)the identity of any ovum or embryo to be destroyed; and
(e)the time limit for complying with the notice.
(5) The appeals procedure in regulation 10 applies.
7.—(1) This paragraph applies if it is confirmed that a suspect goat, or a body of a goat monitored under Annex III to the EU TSE Regulation, is infected with a TSE, and BSE is excluded in accordance with the procedure set out in Chapter C, point 3(2)(c) of Annex X to that Regulation, except where the Secretary of State decides to exercise the power in paragraph 10(3).
(2) The Secretary of State, after carrying out the inquiry specified in Article 13(1)(b) of, and point 1(b) of Annex VII to, the EU TSE Regulation, must serve a notice on the occupier of the holding informing them that the Secretary of State intends to kill and destroy all the goats on the holding and all embryos and ova from those animals in accordance with Article 13(1)(c) of, and point 2.3(b)(i) of Annex VII, to that Regulation.
(3) The appeals procedure in regulation 10 applies.
8.—(1) This paragraph applies to milk or milk products derived from a sheep or goat that is to be destroyed in accordance with paragraph 6 or 7.
(2) Milk and milk products must not—
(a)be used for feeding ruminants, other than ruminants within the holding; or
(b)be exported, or allowed to be exported, to any other member State or third country as feed for non-ruminants.
(3) Milk and milk products that are to be fed to non-ruminants in the United Kingdom must be—
(a)accompanied by documentation that clearly states that it must not be fed to ruminants; and
(b)contained in packaging that is clearly marked “Must not be fed to ruminants”.
(4) Feedingstuffs containing milk or milk products must not be stored on farms where ruminants are kept.
(5) Bulk feedingstuffs containing milk or milk products must not be transported in vehicles that also transport feedingstuffs for ruminants.
(6) Vehicles that have transported bulk feedingstuffs containing milk or milk products must, before being used for transporting any feedingstuffs intended for ruminants, be thoroughly cleaned so as to avoid cross-contamination, in accordance with a procedure approved by the Secretary of State.
(7) Failure to comply with any of sub-paragraphs (2) to (6) is an offence.
9.—(1) This paragraph applies if a TSE is confirmed in a suspect sheep or goat, or a body of a sheep or goat monitored under Annex III to the EU TSE Regulation, and BSE cannot be excluded by the results of a ring trial carried out in accordance with the procedure set out in Chapter C, point 3(2)(c) of Annex X to that Regulation.
(2) The Secretary of State, after carrying out the inquiry specified in Article 13(1)(b) of, and point 1(b) of Annex VII to, the EU TSE Regulation, must serve a notice on the occupier of the holding informing them of the Secretary of State’s intention to have the animals killed and destroyed, and the embryos and ova destroyed and the milk and milk products destroyed, in accordance with Article 13(1)(c), and point 2(3)(a) of Annex VII to that Regulation.
(3) In sub-paragraph (2) “milk and milk products” means the milk and milk products that derived from the animals that were present on the relevant holding on and from the date on which notice was served under paragraph 4(1)(d).
(4) The appeals procedure in regulation 10 applies.
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 Chapter C, Point 3(2)(c) of Annex X, to that Regulation.
(2) The Secretary of State may decide not to apply paragraph 6 in respect of sheep, or paragraph 7 in respect of goats.
(3) If the Secretary of State decides not to apply either paragraph 6 or 7, the Secretary of State 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 Annex VII to, the EU TSE Regulation; and
(b)decide which of the options set out in points 5(a) and 5(b) of Annex VII to that Regulation the Secretary of State intends to exercise.
(4) The Secretary of State must then serve a notice on the occupier of the holding informing them of which option the Secretary of State intends to exercise.
(5) If the Secretary of State chooses the option set out in point 5(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 Secretary of State chooses the option set out in point 5(b) of Annex VII to the EU TSE Regulation, for two 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 Secretary of State; and
(c)subject the holding to the intensified TSE monitoring set out in point 5(b)(ii) 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.
(9) In sub-paragraph (6), “tag” means an identification tag approved for the purposes of sub-paragraph (6) by the Secretary of State.
11.—(1) Subject to sub-paragraphs (2) to (4)—
(a)the Secretary of State may decide to delay the destruction of any animals specified in a notice served under paragraphs 6 or 7; or
(b)the occupier of the relevant holding may apply to the Secretary of State for a delay in the destruction of any such animals.
(2) The Secretary of State must not decide upon, or consent to, a delay unless satisfied that—
(a)the frequency of ARR allele within the relevant breed or holding is low or absent; or
(b)a delay is necessary in order to avoid inbreeding.
(3) Subject to sub-paragraph (4), the Secretary of State may decide upon, or consent to, a delay of up to five breeding years.
(4) The Secretary of State must not decide upon, or consent to,—
(a)any delay, if a breeding ram (other than a ram of the ARR/ARR genotype present within the breed or holding) is on the holding; or
(b)a delay of more than 18 months in relation to sheep or goats kept for the production of milk or milk products intended for placing on the market.
(5) An application under sub-paragraph (1)(b) must be in writing and must set out in full the reasons for the application.
(6) The Secretary of State must provide the applicant with a decision in writing, stating that the Secretary of State—
(a)consents to the application;
(b)consents in part to the application; or
(c)refuses the application.
(7) The Secretary of State may impose any conditions that the Secretary of State considers to be reasonably necessary in relation to any decision made, or consent granted, under this paragraph.
(8) Unless the Secretary of State consents to the application in full, the appeals procedure in regulation 10 applies.
12. The Secretary of State must not have killed any sheep or goat, or have destroyed any ovum or embryo, under this Schedule 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.
13.—(1) An inspector must ensure that all the animals specified for killing in a notice under paragraph 6(3), 7(2), 9(2) or 10(5) are killed and that all the ova and embryos specified for destruction in the notice are destroyed.
(2) If an animal is not killed on the holding, an inspector must direct the owner in writing to consign it to other premises for killing as specified in the direction.
(3) When an animal has been killed under this paragraph, it is an offence to remove the body from the premises on which it was killed except in accordance with a written direction from an inspector.
14. For the purposes of point 2(4) of Annex VII to the EU TSE Regulation, if the infected animal was introduced from another holding, the Secretary of State may act in accordance with this Schedule in relation to the holding of origin in addition to, or instead of, the holding on which infection was confirmed.
15. In the case of infected animals on common grazing, the Secretary of State may limit a notice under paragraph 6(3), 7(2), 9(2) or 10(5) to an individual flock or herd in accordance with point 2(4) of Annex VII to the EU TSE Regulation.
16. Where more than one flock is kept on a single holding, the Secretary of State may limit a notice under paragraph 6(3), 7(2), 9(2) or 10(5) to an individual flock or herd in accordance with point 2(4) of Annex VII to the EU TSE Regulation.
17.—(1) If there is a change in occupation of the holding, the previous occupier must ensure that the subsequent occupier is made aware of the existence and contents of any notice served under this Schedule, and failure to do so is an offence.
(2) The subsequent occupier must comply with the notice as if that notice were served on that occupier, and failure to do so is an offence.
18. Any person who introduces an animal onto a holding in contravention of point 3(1) of Annex VII to the EU TSE Regulation is guilty of an offence.
19. Any person who uses ovine germinal products in contravention of point 3(2) of Annex VII to the EU TSE Regulation is guilty of an offence.
20. Any person who moves an animal from a holding in contravention of point 3(3) of Annex VII to the EU TSE Regulation is guilty of an offence.
21. For the purposes of point 3(4) of Annex VII to the EU TSE Regulation the relevant dates must be established by the Secretary of State giving written notification of those dates to the occupier of the holding.
22. If any animal aged 18 months or over dies or is killed while it is under restriction for any reason under this Schedule or Annex VII to the EU TSE Regulation, the owner must immediately notify the Secretary of State, and retain the body on the premises until they are directed to move or dispose of it by the Secretary of State, and it is an offence not to comply with this paragraph or to fail to comply with a direction under it.
23. Any person who places on the market any first-generation progeny, semen, embryo or ovum of a sheep or goat suspected of, or confirmed with, a TSE in contravention of Article 15(2) of, and Chapter B of Annex VIII to, the EU TSE Regulation is guilty of an offence.
24.—(1) The Secretary of State must pay compensation in accordance with this paragraph for a sheep or goat killed as a suspect animal.
(2) Where it is confirmed that it was affected with a TSE, the compensation is—
(a)£30 in the case of an animal at the end of its productive life; and
(b)£90 in any other case.
(3) Where it is not confirmed that it was affected with a TSE, the compensation is the higher of—
(a)the amount that would have been payable under this paragraph if it had been confirmed the animal was affected with a TSE; and
(b)such sum as appears to the Secretary of State, having regard to any information provided by the owner of the animal and any other relevant information, to reflect the market value of the animal, subject to a maximum sum of £400 for each animal.
25. The Secretary of State must pay compensation to the owner of animals killed and products (other than those products destroyed in accordance with paragraph 9) destroyed under this Schedule following confirmation of a TSE in accordance with the following provisions of this paragraph—
| Animal or Product | Compensation (£) |
|---|---|
| Male sheep or goat | 90 |
| Female sheep or goat | 65 |
| Lamb (under 12 months old) or kid (under 12 months old) | 40 |
| Embryo | 150 |
| Ovum | 5 |
26.—(1) If the owner of an animal or product considers the compensation in the preceding paragraph to be unreasonable a 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.
(2) When carrying out a valuation under regulation 11(5) the valuer must value the animal or product at the price that might reasonably have been obtained for it at the time of valuation from a buyer in the open market as if the animal, or product was not from a flock or herd affected by TSE.
27.—(1) The Secretary of State must pay compensation in accordance with this paragraph for milk and milk products destroyed pursuant to paragraph 9 of this Schedule.
(2) The compensation payable is that which the Secretary of State believes might reasonably have been obtained for it on the open market if the milk or milk product had not been compulsorily destroyed and had not been milk that derived from a flock or herd affected by TSE.
(3) If the owner of milk or milk products considers the compensation in the preceding paragraph to be unreasonable a 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.