Paragraph 6 Action following confirmation of TSE in sheep

(1)

When it is confirmed that a suspect sheep or the body of a sheep monitored under Annex III to the EU TSE Regulation (monitoring system) has a TSE, and BSE is excluded in accordance with the procedure set out in point 3.2(c) of Chapter C of Annex X to that Regulation (further examination of positive TSE cases), the Scottish Ministers, after—

(a)

carrying out the inquiry specified in F1point 2.2 of Chapter B of Annex VII to, the EU TSE Regulation (measures following confirmation of the presence of a TSE); and

(b)

sampling the animals to establish their genotype (if this is necessary),

must decide which of the options set out in F2point 2.2 of Chapter B of Annex VII to the EU TSE Regulation they intend to exercise.

(2)

The Scottish Ministers must then serve a notice on the occupier of the holding identifying which of the options in F3point 2.2 of Chapter B of Annex VII to that Regulation they intend to exercise.

(3)

The notice must specify—

(a)

the identity of the animals to be killed and destroyed;

(b)

the identity of any animals to be slaughtered for human consumption;

(c)

the identity of any animals that may be detained;

(d)

the identity of any ovum or embryo to be destroyed; and

(e)

the time limit for complying with the notice.

(4)

The appeals procedure in regulation 10 applies in relation to any decision of the Scottish Ministers under this paragraph.

Annotations

Textual amendments

F1: Words in sch. 4 para. 6(1)(a) substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(3)(a)
F2: Words in sch. 4 para. 6(1) substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(3)(b)
F3: Words in sch. 4 para. 6(2) substituted (23.5.2019) by The Transmissible Spongiform Encephalopathies (Scotland) Amendment Regulations 2019 (S.S.I. 2019/118), regs. 1, 7(3)(b)