| |
Statutory Instrument 2001 No. 1644
The BSE Monitoring (England) Regulations
2001
© Crown Copyright 2001
The legislation contained on this web site is subject to Crown
Copyright protection. It may be reproduced free of charge provided
that it is reproduced accurately and that the source and copyright
status of the material is made evident to users.
It should be noted that the right to reproduce the text of
Statutory Instruments does not extend to the Royal Arms and the
Queen's Printer imprints.
The text of this Internet version of the Statutory Instrument has
been prepared to reflect the text as it was Made. The authoritative
version is the Queen's Printer copy published by The Stationery Office
Limited as the The BSE Monitoring (England) Regulations 2001,
ISBN 0 11 029484 X. Purchase
this item. For details of how to obtain an official copy see How to
obtain The Stationery Office Limited titles.
To ensure fast access over slow connections, large documents have
been segmented into "chunks". Where you see a "continue" button at the
bottom of the page of text, this indicates that there is another chunk
of text available.
STATUTORY INSTRUMENTS
2001 No. 1644
ANIMALS
ANIMAL HEALTH
The BSE Monitoring (England) Regulations
2001
| |
Made |
1st May 2001 |
|
| |
Laid before Parliament |
2nd May 2001 |
|
| |
Coming into force |
1st July 2001 |
|
ARRANGEMENT OF PROVISIONS
Regulation
The Minister of Agriculture, Fisheries and
Food, being a minister designated[1] for the
purposes of section 2(2) of the European Communities Act 1972[2] in
relation to the common agricultural policy of the European Community, in
exercise of the powers conferred on him by that section, hereby makes the
following Regulations -
Title, extent and
commencement
1.
- (1) These Regulations may be cited as The BSE Monitoring
(England) Regulations 2001.
(2) These
Regulations shall extend to England and shall come into force on 1st July
2001.
Interpretation
2. - (1) In these Regulations, unless the context
otherwise requires -
"BSE" means the disease bovine spongiform encephalopathy;
"the BSE (No. 2) Order" means the Bovine Spongiform Encephalopathy
(No. 2) Order 1996[3];
"bovine animal" includes buffalo of the species Bubalus bubalis and
Bison bison;
"the Commission Decisions" means -
(a) Commission Decision 2000/764/EC[4] on the
testing of bovine animals for the presence of bovine spongiform
encephalopathy and amending Decision 98/272/EC[5] on
epidemio-surveillance for transmissible spongiform encephalopathies;
and
(b) Commission Decision 2001/233/EC[6]
amending Decision 2000/418/EC[7] as
regards mechanically recovered meat and bovine vertebral
column;
(a) a person appointed as such for the purposes of these Regulations
by the Minister, including a veterinary inspector; and
(b) a
person appointed as such for the purposes of these Regulations by a
local authority in relation to its enforcement responsibilities under
these Regulations;
"local authority" means -
(a) in any part of England where there is, within the meaning of the
Local Government Changes for England Regulations 1994[8], a
unitary authority for that local government area, that authority;
and
(b) in any part of England where there is not a unitary
authority -
(i) in a metropolitan district, the council of that
district;
(ii) in a non-metropolitan county, the council of
that county;
(iii) in each London borough, the council of that
borough; or
(iv) in the City of London, the Common
Council;
"the Minister" means the Minister of Agriculture, Fisheries and
Food;
"a notifiable bovine animal" means a bovine animal over 30 months of
age which -
(a) dies on any farm or in transport; or
(b) has been killed
otherwise than for human consumption;
"premises" means any place (including any structure or vehicle) in
which bovine animals may be bred, handled, held, kept, marketed or shown
to the public, and includes any such place occupied as a private
dwelling; and
"veterinary inspector" means a veterinary inspector appointed for
the purposes of these Regulations by the Minister.
(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 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 has in his possession or
under his charge a notifiable bovine animal which dies, or the carcase of
a notifiable bovine 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 possession or charge, notify the fact to the Minister or,
where the Minister has appointed an agent to receive notifications under
this regulation on his behalf, to that
agent.
(2) Any veterinary surgeon or other
person who, in the course of his duties -
(a) examines or inspects any notifiable bovine animal which dies
during the course of those duties; or
(b) examines or inspects
the carcase of any notifiable bovine animal,
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 Minister or, where the Minister has appointed an
agent to receive notifications under this regulation on his behalf, to
that agent.
(3) Where the Minister appoints
an agent for the purposes of receiving notifications under this regulation
on his behalf, the Minister shall publish by such means as he thinks fit,
including by 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 to the Minister.
(4) A person
who has in his possession or under his charge on any premises a notifiable
bovine animal which dies, or the carcase of a notifiable bovine animal,
shall detain it on the premises until it has been collected by or on
behalf of the Minister.
Powers of entry, examination, search and
sampling etc.
4.
- (1) An inspector shall, on producing if so required, some
duly authenticated document showing his authority, have a right at all
reasonable hours to enter any premises including any part of any premises
occupied as a private dwelling -
(a) for the purpose of ascertaining whether any notifiable bovine
animal is being or has been kept on the premises; or
(b) for the
purpose of ascertaining whether there is or has been any contravention
of, or failure to comply with, these Regulations.
(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 -
(a) admission to the premises has been refused, or a refusal is
apprehended, and that notice of the intention to apply for a warrant has
been given to the occupier; or
(b) an application for admission,
or the giving of such a notice, would defeat the object of the entry, or
that the case is one of urgency, or that the premises are unoccupied or
the occupier temporarily absent,
the justice may by warrant signed by him 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 such other persons as he considers necessary, and on
leaving any unoccupied premises which he has entered by virtue of such a
warrant shall leave them as effectively secured against unauthorised entry
as he found them.
(4) An inspector
may -
(a) inspect and examine any bovine animal or any carcase of a bovine
animal on the premises;
(b) make such tests in relation to, and
take samples from, any bovine animal or any carcase of a bovine animal
on the premises as he considers necessary for the purposes of these
Regulations;
(c) mark for identification purposes any bovine
animal or carcase of any bovine animal on the premises;
(d)
examine any record in whatever form on the premises, and take copies of
those records;
(e) have access to, and inspect and check the
operation of, any computer and any associated apparatus or material
which is or has been used in connection with any records, and may
require any person having charge of, or who is otherwise concerned with
the operation of the computer, apparatus or material to afford him such
assistance as he may reasonably require;
(f) where records are
kept by means of a computer, may require the records to be produced in a
form in which they may be taken away;
(g) take with him such
other person as he considers necessary for any purpose in relation to
the enforcement of these Regulations; and
(h) take with him a
representative of the European Commission acting for any purposes in
relation to the Commission Decisions.
Obstruction
5.
- (1) No person shall -
(a) intentionally obstruct any person acting in the execution of
these Regulations;
(b) without reasonable cause, fail to give to
any person acting in the execution of these Regulations any assistance
or information which that person may reasonably require of him for the
purpose of carrying out his functions under these Regulations;
or
(c) furnish to any person acting in the execution of these
Regulations any information which he knows to be false or
misleading.
(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.
Offences and
penalties
6.
- (1) Any person who, without lawful authority or excuse, proof
of which shall lie on him -
(a) contravenes or fails to comply with regulation 3(1), 3(2) or
3(4); or
(b) knowingly causes or permits any such contravention
or non-compliance,
shall be guilty of an offence.
(2) A
person guilty of an offence under these Regulations shall be
liable -
(a) on conviction on indictment, to a fine or to imprisonment for a
term not exceeding two years or to both;
(b) on summary
conviction to a fine not exceeding the statutory maximum or to
imprisonment for a term not exceeding three months or to
both.
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 -
(a) any director, manager, secretary or other similar person of the
body corporate; or
(b) any person who was purporting to act in
any such capacity,
he, 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 local authority or by the Minister.
Amendment of
the Bovine Spongiform Encephalopathy (No. 2) Order
1996
9. - (1)
Article 11 of the Bovine Spongiform Encephalopathy (No 2) Order 1996[9] shall 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 -
"or any blood derived from any carcase whether or not the carcase
from which it is derived is seized, destroyed or disposed of by an
inspector.".
(3) In paragraph (2) -
(a) after the word "carcase", where it first appears, there shall be
inserted the following words -
"or any blood derived from any carcase."; and
(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 -
"or any blood derived from the carcases".
Amendment of the Cattle Identification Regulations
1998
10.
- (1) The Cattle Identification Regulations 1998[10] 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 -
" "notifiable bovine animal" means a bovine animal over 30 months
of age which -
(a) dies on any farm or in transport; or
(b) has been
killed otherwise than for human consumption;".
(3) In regulation 26(1) at the beginning of
paragraph (1) there shall be inserted the following
words -
"Subject to paragraph (1A) below,".
(4) In regulation 26, after paragraph (1) there
shall be inserted the following paragraph -
" (1A) If a notifiable bovine animal with a
cattle passport dies, the keeper will be treated as having complied with
paragraph (1) above if, on notifying the fact in accordance with
regulation 3(1) of the BSE Monitoring (England) Regulations 2001, the
keeper surrenders the cattle passport to the Minister or, where the
Minister has appointed an agent to receive notifications, to that
agent.".
Amendment of the Cattle (Identification of Older Animals)
Regulations 2000
11.
- (1) The Cattle (Identification of Older Animals) Regulations
2000[11] 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 -
" "notifiable bovine animal" means a bovine animal over 30 months
of age which -
(a) dies on any farm or in transport; or
(b) has been
killed otherwise than for human consumption;".
(3) In regulation 9 at the beginning there
shall be inserted the following words -
" (1) Subject to paragraph (2)
below".
(4) In regulation 9, after paragraph (1) there
shall be inserted the following paragraph -
" (2) If a notifiable bovine animal with a
registration certificate dies, the keeper will be treated as having
complied with paragraph 1 above if, on notifying the fact in accordance
with regulation 3(1) of the BSE Monitoring (England) Regulations 2001,
the keeper surrenders the registration certificate to the Minister or,
where the Minister has appointed an agent to receive notifications, to
that agent.".
Hayman
Minister of State, Ministry of Agriculture,
Fisheries and Food
1st May 2001
EXPLANATORY NOTE
(This note is not
part of the Regulations)
These Regulations make
provision for the purpose of dealing in England with the
obligations -
(a) in article 1.2 of Commission Decision 2000/764/EC (OJ No. L305,
6.12.2000, p. 35) on the testing of bovine animals for the presence of
bovine spongiform encephalopathy and amending Decision 98/272/EC (OJ No.
L122, 24.4.1998, p. 59) on epidemio-surveillance for transmissible
encephalopathies; and
(b) Commission Decision 2001/233/EC (OJ No.
L84, 2001, p. 59) amending Decision 2000/418/EC as regards mechanically
recovered meat and bovine vertebral column.
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 are 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 Ministry of Agriculture, Fisheries and Food. The Regulations
provide powers of entry, examination, search and sampling, 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 (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 the Cattle (Identification of Older Animals) Regulations (S.I.
2000/2976).
A Regulatory Impact Assessment for these Regulations
has been prepared and placed in the library of each House of Parliament.
Copies can be obtained from the BSE Division of the Ministry of
Agriculture, Fisheries and Food, 1A Page Street, London SW1P 4PQ.
Notes:
[1] S.I. 1972/1811.back
[2] 1972 c. 68.back
[3] S.I. 1996/3183, amended by S.I. 1997/2387, S.I.
1998/3071 and S.I. 1999/921.back
[4] OJ No. L305, 6.12.2000, p. 35.back
[5] OJ No. L122, 24.4.1998, p.59.back
[6] OJ No. L84, 23.3.2001, p. 59.back
[7] OJ No. L158, 30.6.2000, p. 76, as amended by
Commission Decision 2001/2/EC (OJ No. L1 , 4.1.2001).back
[8] S.I. 1994/867 to which there are amendments not
relevant to these Regulations.back
[9] S.I. 1996/3183, amended by S.I. 1997/2387, S.I.
1998/3071 and S.I. 1999/921.back
[10] S.I. 1998/871 amended by S.I. 1998/2969, S.I.
1999/1339.back
[11] S.I. 2000/2976.back
ISBN 0 11 029484 X
|
|