Scottish Statutory Instrument 2001 No. 4

The Specified Risk Material Order Amendment (Scotland) Regulations 2001

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The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent
1.  - (1) These Regulations may be cited as the Specified Risk Material Order Amendment (Scotland) Regulations 2001 and shall come into force on 10th January 2001.

    (2) These Regulations extend to Scotland only.

Amendments to the Specified Risk Material Order 1997
2.  - (1) The Specified Risk Material Order 1997[2] is amended in accordance with paragraph (2) of this regulation.

    (2) In article 4 (specified bovine material), paragraph (1) is substituted by the following paragraph:-
 

    " (1) In this Order, "specified bovine material" means-
 
(a) in relation to a bovine animal which was slaughtered or has died elsewhere than in Australia or New Zealand, the intestines from the duodenum to the rectum;

(b) in relation to a bovine animal which was slaughtered or has died in the United Kingdom or Portugal at an age greater than 6 months, the following material:-
 

(i) the entire head (excluding the tongue but including the brains, eyes, trigeminal ganglia and tonsils);

(ii) the thymus;

(iii) the spleen; and

(iv) the spinal cord;
 

(c) in relation to a bovine animal which was slaughtered or has died in the United Kingdom or Portugal at an age greater than 30 months, the vertebral column (including dorsal root ganglia); and

(d) in relation to a bovine animal which was slaughtered or has died elsewhere than in the United Kingdom, Portugal, Australia or New Zealand at an age greater than 12 months, the following material:-
 

(i) the skull (including the brains and eyes);

(ii) the tonsils; and

(iii) the spinal cord.".
 

SUSAN C DEACON
A member of the Scottish Executive

St Andrew's House, Edinburgh
9th January 2001
 

These Regulations, which extend to Scotland only, amend the Specified Risk Material Order 1997 ("the Order"). They give effect to Article 1.1 of Commission Decision 2001/2/EC (O.J. No. L 1, 4.1.01, p.21) which amends Commission Decision 2000/418/EC (O.J. No. L 158, 30.6.00, p.76).

The principal amendment is to bring the definition of specified bovine material in article 4(1) of the Order into line with the definition of specified risk material in the Commission Decision by including intestines of any bovine animal (which has died or was slaughtered elsewhere than in Australia or New Zealand) as specified risk material.

A Regulatory Impact Assessment in relation to these Regulations has not been prepared.

[1] 1972 c.68; section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The functions conferred on a Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] S.I. 1997/2964, as amended by S.S.I. 2000/344.back