Made | 26th June 2001 | ||
Coming into force | 1st July 2001 |
Regulation |
1. | Title, commencement and application |
2. | Interpretation |
3. | Requirements relating to bovine animals over 30 months of age |
4. | Powers of entry, examination, search and sampling etc. |
5. | Obstruction |
6. | Offences and penalties |
7. | Offences by bodies corporate |
8. | Enforcement |
9. | Amendment of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 |
10. | Amendment of the Cattle Identification Regulations 1998 |
11. | Amendment of the Cattle (Identification of Older Animals) (Wales) Regulations 2000 |
(2) Expressions in these Regulations which are not defined in paragraph (1) above and which appear in either of the Commission Decisions have the same meaning in these Regulations as they have for the purposes of the Decision in which they appear.
(3) Any person appointed by the Minister or a local authority to be an inspector for the purposes of the Animal Health Act 1981[8] shall be deemed to have been appointed by the Minister or that authority to be an inspector for the purposes of these Regulations.
(4) Any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations.
Requirements relating to bovine animals over 30 months of age
3.
- (1) A person who is in possession or in charge of a notifiable bovine animal, or the carcase of such an animal, shall with all practicable speed, and in any event within 24 hours from the time when the animal dies or the carcase comes into his or her possession or charge, notify the fact to the National Assembly or, where the National Assembly has appointed an agent to receive notifications under this regulation on its behalf, to that agent.
(2) Any veterinary surgeon or other person who, in the course of his or her duties -
shall with all practicable speed, and in any event within 24 hours from the time when the animal dies or the carcase is examined or inspected, notify the fact to the National Assembly or, where the National Assembly has appointed an agent to receive notifications under this regulation on its behalf, to that agent.
(3) Where the National Assembly appoints an agent for the purposes of receiving notifications under this regulation on its behalf, the National Assembly shall publish by such means as it thinks fit, including a notice in the London Gazette, the name of the agent, his address and other relevant contact information and the date on and after which notifications under this regulation shall be made to the agent instead of the National Assembly.
(4) A person who has in his or her possession or under his or her charge on any premises a notifiable bovine animal, or the carcase of such an animal, shall detain it on the premises until it has been collected by or on behalf of the National Assembly.
Powers of entry, examination, search and sampling etc.
4.
- (1) An inspector, on producing, if required to do so, some duly authenticated document showing his or her authority, shall have the right at all reasonable hours to enter any premises (including any premises, or part of any premises, occupied as a private dwelling) -
(2) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises (other than any premises occupied as a private dwelling) for any such purpose as is mentioned in paragraph (1) above and that either -
the justice of the peace may by warrant signed by him or her authorise an inspector to enter the premises, if need be by reasonable force.
(3) An inspector entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him or her such other persons as he or she considers necessary, and on leaving any unoccupied premises shall ensure that they are left as effectively secured against unauthorised entry as when he or she found them.
(4) An inspector may -
Obstruction
5.
- (1) No person shall -
(2) Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him or her.
Offences and penalties
6.
- (1) Any person who, without lawful authority or excuse, proof of which shall lie on him or her -
shall be guilty of an offence.
(2) A person guilty of an offence under these Regulations shall be liable -
Offences by bodies corporate
7.
- (1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of -
he or she, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) For the purposes of paragraph (1) above, "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Enforcement
8.
The provisions of these Regulations shall be executed and enforced by the National Assembly or by the local authority.
Amendment of the Bovine Spongiform Encephalopathy (No. 2) Order 1996
9.
- (1) Article 11 of BSE (No. 2) Order shall in so far as it applies to Wales be amended in accordance with the following provisions of this regulation.
(2) In paragraph (1) after the word "carcase" there shall be inserted the following words -
(3) In paragraph (2) -
(b) after the word "carcase" where it subsequently appears there shall be inserted the following words -
(4) In paragraph (3), after the word "carcases" there shall be inserted the following words -
Amendment of the Cattle Identification Regulations 1998
10.
- (1) The Cattle Identification Regulations 1998[9] shall be amended in accordance with the following provisions of this regulation.
(2) In regulation 2(1) after the definition of "local authority" there shall be inserted the following definition -
(3) In regulation 26(1) at the beginning of paragraph (1) there shall be inserted the following words -
(4) In regulation 26, after paragraph (1) there shall be inserted the following paragraph -
Amendment of the Cattle (Identification of Older Animals) (Wales) Regulations 2000
11.
- (1) The Cattle (Identification of Older Animals) (Wales) Regulations 2000[10] shall be amended in accordance with the following provisions of this regulation.
(2) In regulation 2(1), after the definition of "National Assembly" there shall be inserted the following definition -
(3) In regulation 9 at the beginning there shall be inserted the following words -
(4) In regulation 9, after paragraph (1) there shall be inserted the following paragraph -
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[11].
Dafydd Elis-Thomas
The Presiding Officer of the National Assembly
26th June 2001
These require member States to ensure that certain categories of bovine animals over 30 months of age are examined in accordance with prescribed minimum requirements for monitoring BSE.
To enable these obligations to be implemented the Regulations require the person in possession or in charge of a notifiable bovine animal, defined in regulation 2 as a bovine animal aged over 30 months of age which dies on any farm or in transport or which has been killed otherwise than for human consumption, to notify the death to the agent appointed for this purpose by the National Assembly for Wales. The Regulations provide powers of entry, examination and search, offences and penalties and enforcement.
Related amendments for the purpose of dealing with these Community obligations are made to article 11 of the Bovine Spongiform Encephalopathy (No. 2) Order 1996 in so far as it applies to Wales (S.I. 1996/3183, amended by S.I. 1997/2387, S.I. 1998/3071 and S.I. 1999/921) and regulations 2 and 26 of the Cattle Identification Regulations 1998 (S.I. 1998/871, amended by S.I. 1998/2969 and S.I. 1999/1339) and regulations 2 and 9 of Cattle (Identification of Older Animals) (Wales) Regulations (S.I. 2000/3339 (W.217)).
A regulatory appraisal has not been prepared for these Regulations.
[3] S.I. 1996/3183, amended by S.I. 1997/2387, S.I. 1998/3071 and S.I. 1999/921.back
[4] OJ No. L 305, 6.12.2000, p.35.back
[5] OJ No. L122, 24.4.1998, p.59.back
[6] OJ No. L 84, 23.3.2001 p. 59.back
[7] OJ No. L 158, 30.6.2000, p. 76, as amended by Commission Decision 2001/2/EC (OJ No. L 1, 4.1.2001).back
[9] S.I. 1998/871 amended by S.I. 1998/2969, S.I. 1999/1339.back
[10] S.I. 2000/3339 (W.217).back