Part 2B

TSE: Scotland

Enforcement

Scottish Ministers' powers of enforcement
36R
1
This section applies if the Scottish Ministers are satisfied that a person has failed to comply with one or more of the restrictions or requirements imposed on that person by a restriction notice.
2
But this section does not apply in relation to any livestock—
a
which is the subject of a review under section 36Q which has not been determined; or
b
which, as the result of a successful review, is no longer subject to the restriction notice.
3
The Scottish Ministers may take such reasonable steps as they consider appropriate to secure that effect is given to any restriction or requirement.
4
In particular, the Scottish Ministers may—
a
cause to be destroyed any semen, egg or embryo which has not been destroyed as required under section 36P(7);
b
cause to be castrated (or as appropriate sterilised) or slaughtered any livestock—
i
which is the subject of the notice; but
ii
which has neither been castrated (or as appropriate sterilised) nor slaughtered as required under section 36P(8).
5
The Scottish Ministers may recover from the person to whom a restriction notice has been given such reasonable expenses as arise from any steps taken under subsection (3) in relation to that notice.
Pt. 2B inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 11, 55(1) (with s. 54); S.S.I. 2006/482, art. 2