SCHEDULE 4Control and eradication of TSE in sheep and goats

Confirmation of TSE in sheep

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 Community TSE Regulation, is affected 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 Welsh Ministers decide to exercise the power in paragraph 9(2).

(2) The Welsh Ministers, after—

(a)carrying out the inquiry specified in Article 13(1)(b) of the Community TSE Regulation and in point 1(b) of Annex VII to that 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 the Community TSE Regulation they intend to exercise.

(3) The Welsh Ministers must then serve a notice on the occupier of the holding informing the occupier of which of those options the Welsh Ministers intend 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.