The Sheep Variable Premium (Protection of Payments) (Amendment) Order 1983

In the definition of “certified” in article 2(1) of the principal order the word “certification” shall be substituted for the word “certificate”.

After article 6 of the principal order there shall be inserted the following article:—

“Disposal requirement

6A

(1)

In this article—

• “disposal period”, in relation to an animal, means the period of twenty-one days immediately following the date of its certification;

• “disposal requirement” means the requirement contained in paragraph (2) below.

(2)

Every animal shall, before the expiry of the disposal period in relation thereto, be—

(a)

slaughtered in Great Britain; or

(b)

exported from Great Britain; or

(c)

removed from Great Britain to Northern Ireland.

(3)

For the purpose of paragraph (2) above, an animal which is kept in quarantine or isolation until it is exported or removed as aforesaid shall be deemed to have been so exported or removed on the day such quarantine or isolation commenced.

(4)

A person shall be deemed to have notice of the date of certification and the disposal requirement in relation to an animal, if he or his agent or employee has received from the authorised officer who certified the animal, or from any person who has sold the animal after its certification, an invoice or similar account or other document informing him in writing of the said date and disposal requirement.

(5)

Any person who has claimed a premium payment in respect of an animal after selling it, and who has notice of the date of certification and the disposal requirement in relation thereto, shall, within two days of such certification, inform the purchaser of the animal in writing of the said date and disposal requirement.

(6)

No person who has notice of the date of certification and the disposal requirement in relation to an animal shall—

(a)

sell the animal before the expiry of the disposal period in relation thereto, without informing the purchaser in writing of the said date and disposal requirement;

(b)

sell the animal after the expiry of the disposal period in relation thereto;

(c)

(subject to paragraph (7) below) have the animal in his possession or under his control after the expiry of the disposal period in relation thereto.

(7)

Paragraph (6)(c) above shall not apply to a person who buys an animal after the expiry of the disposal period in relation thereto provided he slaughters it within one week after the date of purchase and he notifies the purchase in writing to an authorised officer.”

For article 8 of the principal order there shall be substituted the following article:—

“Records of transactions

8

(1)

A person who buys or sells certified animals shall—

(a)

keep a record showing, in respect of every purchase or sale by him of such animals the particulars specified in Schedule 3 to this Order; and

(b)

make a copy of every document issued by him informing a purchaser in writing of the date of certification and the disposal requirement in relation to such animals.

(2)

A person who buys or sells certified animals shall retain, for at least three years after the end of the calendar year in which they were drawn up or issued—

(a)

all records kept pursuant to paragraph (1)(a) above;

(b)

all invoices and similar accounts in respect of his purchases and sales of such animals, and all documents informing him or his agent or employee in writing of the date of certification and the disposal requirement in relation to such animals.

(c)

all copies made pursuant to paragraph (1)(b) above;

(d)

all documents received by him in respect of any such animals exported from Great Britain, or removed from Great Britain to Northern Ireland.

(3)

For the purpose of paragraphs (1) and (2) above “certified animal” shall include an animal in respect of which a premium payment is claimed after it has been sold.

(4)

A person who is required by paragraph (2) above to retain records, invoices, accounts, copies or documents shall produce the same for inspection if so required by an authorised officer.”

For Schedule 3 to the principal order there shall be substituted the following Schedule:—

“SCHEDULE 3“

Article 8

Particulars to be recorded of purchases, sales and disposals of certified animals

1

The date of the transaction.

2

Numbers and description of animals.

3

In the case of a purchase or sale by auction at an auction market, the name and address of the auctioneer, and, in any other case, the name and address of the other party to the transaction.

4

The date of certification.

5

The date of slaughter, export from Great Britain or removal from Great Britain to Northern Ireland of unsold live animals.”