The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2006 (revoked)

Northern Ireland Statutory Rule 2006 No. 202 — creates 75 criminal offences.

Made

2 May 2006

In force from

3 May 2006

Extent

Not stated

Subject

TV licensing, fare evasion and school attendance

Made under

(EC) No. 178/2002, European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations revoke and remake with amendments the TSE Regulations (Northern Ireland) 2002 and enforce Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (O.J. No. L 147, 31.5.2001, p 1) as amended by and as read with the provisions in Schedule 1 (“the Community TSE Regulation”). The Regulations provide that the Department is the competent authority for the purposes of the Community TSE Regulation (except in Schedule 6, where the competent authority is the Food Standards Agency) (regulation 3) and provide an exception for research (regulation 4). Regulations 6 to 10 deal with approvals, authorisations, licences and registrations, licensing of premises, suspension, amendment and revocations of approvals, etc., and an appeals procedure. Regulation 11 deals with valuations. Regulations 12 to 14 give powers to the Department to appoint inspectors, and deal with powers of entry and powers of inspectors. Regulation 15 provides for issue of notices and regulation 16 provides for licences permitting movement when a movement restriction is in place. Regulations 17 and 18 deal with obstruction of an inspector and penalties. A person guilty of an offence under these Regulations is liable— a on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term of three months or both, or b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both. Regulation 19 details who is responsible for enforcing these Regulations. Schedule 1 lists amendments to Regulation (EC) No. 999/2001 and with which it must be read. Schedule 2 Part I deals with monitoring for TSEs. Paragraph 1 provides for notification to the Department of fallen stock that must be tested for TSE under the Community TSE Regulation. Paragraph 2 makes it an offence to consign an over-age animal to a slaughterhouse for human consumption or to slaughter such an animal for human consumption. Paragraph 3 provides for brain stem sampling of specified bovine animals. Paragraph 4 creates a requirement for the occupier of a slaughterhouse slaughtering animals over 30 months of age for human consumption to have a Required Method of Operation. Paragraph 5 provides for retention of products and their disposal and paragraph 6 deals with compensation. Schedule 2 Part II specifies the minimum requirements that must appear in a Required Method of Operation. Schedule 3 deals with control and eradication of TSEs in bovine animals. Paragraph 1 provides for notification of a suspect animal to the Department. Paragraphs 2 and 3 provide for the restriction and slaughter of the suspect animal. Paragraph 4 deals with identification of the offspring and cohorts of the suspect animal and Paragraph 5 provides for action following confirmation of BSE. Paragraph 6 deals with action where BSE is not confirmed. Paragraph 7 deals with death of an animal while under restriction. Paragraph 8 deals with placing on the market of bovine progeny. Paragraphs 9 to 16 deal with compensation. Schedule 4 deals with control and eradication of TSEs in sheep and goats. Paragraph 1 provides for notification of a suspect animal to the Department. Paragraphs 2 and 3 provide for the restriction and slaughter of the suspect. Paragraphs 4 and 5 deal with movement restrictions. Paragraphs 6 to 8 provide for action following confirmation. Paragraph 9 provides for time for appeals, and paragraph 10 provides for killing and destruction. Paragraphs 11 to 13 deal with infected animals from other premises, common grazing and multiple flocks on any premises. Paragraph 14 deals with subsequent occupiers of the land. Paragraph 15 restricts the introduction of animals onto any premises. Paragraph 16 regulates the use of ovine germinal products and paragraph 17 restricts the movement of animals from any premises. Paragraph 18 specifies when the time relating to restrictions begins. Paragraph 19 provides for notification of animals that die while under restriction. Paragraph 20 deals with placing on the market of progeny and paragraph 21 requires notification to the Department before the owner may consign sheep aged over 18 months for slaughter. Paragraph 22 deals with derogations from the requirement for the killing and destruction of sheep and goats. Paragraphs 23 to 25 deal with compensation. Schedule 5 Part I deals with restrictions on feeding proteins to animals. Paragraphs 1 to 3 prohibit feeding specified feedingstuffs to ruminant and non-ruminant animals and provide for exceptions. Paragraphs 4 and 5 provide for movement restrictions and slaughter of animals suspected of having been fed prohibited feedingstuffs and paragraph 6 provides for compensation. Paragraph 7 prohibits the slaughter or sale for human consumption of restricted animals. Schedule 5 Part II deals with the production of proteins and feedingstuffs. Paragraphs 1 and 2 regulate the production and use of fishmeal for feeding to non-ruminant animals. Paragraphs 3 and 4 regulate feedingstuffs containing dicalcium phosphate or tricalcium phosphate. Paragraphs 5 and 6 regulate feedingstuffs containing blood products and blood meal. Paragraph 7 makes provision for changes in use of equipment. Paragraphs 8 and 9 control the manufacture, storage and transport of processed animal protein and products containing it. Paragraph 10 controls exports and paragraph 11 regulates fertilisers derived from animal protein. Paragraph 12 deals with records and paragraph 13 deals with cross-contamination of materials originating from premises where processed animal proteins are in use. Schedule 6 deals with specified risk material, mechanically recovered meat and slaughtering techniques. Paragraph 1 appoints the Food Standards Agency as the competent authority for this Schedule. Paragraph 2 imposes certain obligations on district councils with regard to butcher shops. Paragraph 3 makes provision for training of slaughterhouse, cutting plant and butcher shop staff. Paragraph 4 deals with mechanically recovered meat, paragraph 5 with pithing, paragraph 6 with tongue harvesting and paragraph 7 with head meat harvesting. Paragraph 8 controls the removal of specified risk material and paragraphs 9 and 10 deal with bovine animals and sheep and goats at a slaughterhouse. Paragraph 11 deals with young lamb and goat stamps. Paragraph 12 deals with the removal of spinal cord from sheep and goats. Paragraph 13 provides for the authorisation of cutting plants and paragraph 14 the authorisation and registration of butcher shops by district councils. Paragraph 15 controls the removal of specified risk material at a cutting plant. Paragraphs 16 and 17 deal with the removal of bovine vertebral column which is specified risk material at a cutting plant which is not authorised and a butcher shop which is authorised and registered. Paragraph 18 deals with meat from Great Britain and member States. Paragraphs 19 and 20 require the staining of specified risk material and paragraph 21 provides for the security of specified risk material. Paragraph 22 prohibits the supply of specified risk material for human consumption. Schedule 7 deals with restrictions on dispatch to member States and third countries. Paragraph 1 makes it an offence to dispatch bovine animals, meat or meat products or vertebral column to member States or to third countries. Paragraph 2 prohibits the export of specified risk material. Schedule 8 specifies the provisions revoked by these Regulations.

Offences created by this instrument

• For the purposes of monitoring under Article 6 of the Community TSE Regulation, a person who has in his possession or… paragraph 1(1) of SCHEDULE 2 · Status not determined · Strict liability
• Prohibition on feeding animal protein to ruminants paragraph 1(1) of SCHEDULE 5 · Status not determined · Strict liability
• Prohibition on feeding animal protein to ruminants paragraph 1(2) of SCHEDULE 5 · Status not determined · Strict liability
• Control and eradication of TSE - notification paragraph 1(4) of SCHEDULE 3 · Status not determined · Strict liability
• Export of processed animal protein to third countries paragraph 10(1) of SCHEDULE 5 · Status not determined · Strict liability
• Export of processed animal protein to third countries paragraph 10(2) of SCHEDULE 5 · Status not determined · Strict liability
• Killing and destruction following confirmation paragraph 10(3) of SCHEDULE 4 · Status not determined · Strict liability
• Fertilisers paragraph 11(1) of SCHEDULE 5 · Status not determined · Requires proof of a state of mind
• Fertilisers paragraph 11(2) of SCHEDULE 5 · Status not determined · Strict liability
• Young lamb and goat stamps paragraph 11(3) of SCHEDULE 6 · Status not determined · Strict liability
• Young lamb and goat stamps paragraph 11(4) of SCHEDULE 6 · Status not determined · Strict liability
• Removal of spinal cord from sheep and goats paragraph 12 of SCHEDULE 6 · Status not determined · Strict liability
• Record keeping for transport etc. of reject petfood paragraph 12(4) of SCHEDULE 5 · Status not determined · Strict liability
• It is an offence to supply an ingredient of a feedingstuff if that ingredient is produced on premises where any… paragraph 13 of SCHEDULE 5 · Status not determined · Strict liability
• Subsequent occupiers paragraph 14 of SCHEDULE 4 · Status not determined · Strict liability
• Introduction of an animal onto any premises paragraph 15 of SCHEDULE 4 · Status not determined · Strict liability
• Removal of specified risk material at a cutting plant authorised under paragraph 13(1) paragraph 15 of SCHEDULE 6 · Status not determined · Objective fault
• Use of ovine germinal products paragraph 16 of SCHEDULE 4 · Status not determined · Strict liability
• In the case of carcases derived from a bovine animal of 30 months of age or less at slaughter that has not been… paragraph 16 of SCHEDULE 6 · Status not determined · Objective fault
• Movement of an animal from any premises paragraph 17 of SCHEDULE 4 · Status not determined · Strict liability
• In the case of meat derived from a bovine animal of 30 months of age or less at slaughter that has not been brought… paragraph 17 of SCHEDULE 6 · Status not determined · Strict liability
• Meat from Great Britain or a member State paragraph 18 of SCHEDULE 6 · Status not determined · Strict liability
• Death while under restriction paragraph 19 of SCHEDULE 4 · Status not determined · Strict liability
• Staining and disposal of specified risk material paragraph 19(1) of SCHEDULE 6 · Status not determined · Strict liability
• Consignment and slaughter of an over-age bovine animal paragraph 2 of SCHEDULE 2 · Status not determined · Strict liability
• Exports to third countries paragraph 2 of SCHEDULE 7 · Status not determined · Strict liability
• Prohibition on feeding animal protein to non-ruminants paragraph 2(1) of SCHEDULE 5 · Status not determined · Strict liability
• Failure to comply with paragraph 1 is an offence paragraph 2(1) of SCHEDULE 5 · Status not determined · Strict liability
• It is an offence for a home compounder registered under paragraph 1(2)(b) to— a keep ruminant animals; b consign… paragraph 2(2) of SCHEDULE 5 · Status not determined · Strict liability
• It is an offence for any person producing feedingstuffs in accordance with point B(c)(ii) of Part II of Annex IV of… paragraph 2(3) of SCHEDULE 5 · Status not determined · Strict liability
• Prohibition on feeding animal protein to non-ruminants paragraph 2(5) of SCHEDULE 5 · Status not determined · Strict liability
• Placing on the market of progeny of a BSE affected sheep or goat paragraph 20 of SCHEDULE 4 · Status not determined · Strict liability
• Prohibition on the supply of specified risk material for human consumption paragraph 22 of SCHEDULE 6 · Status not determined · Strict liability
• Training paragraph 3 of SCHEDULE 6 · Status not determined · Strict liability
• Brain stem sampling of bovine animals paragraph 3(1) of SCHEDULE 2 · Status not determined · Strict liability
• Slaughter of a suspect animal paragraph 3(2) of SCHEDULE 4 · Status not determined · Strict liability
• Slaughter of a suspect animal paragraph 3(3) of SCHEDULE 3 · Status not determined · Strict liability
• Slaughter of a suspect animal paragraph 3(4) of SCHEDULE 3 · Status not determined · Strict liability
• Slaughter of bovine animals over 30 months of age paragraph 4(1) of SCHEDULE 2 · Status not determined · Strict liability
• Failure to comply with paragraph 3 is an offence paragraph 4(1) of SCHEDULE 5 · Status not determined · Strict liability
• Mechanically recovered meat paragraph 4(1) of SCHEDULE 6 · Status not determined · Strict liability
• It is an offence for a home compounder registered under paragraph 3(1)(b) of this Part to— a keep ruminants; b consign… paragraph 4(2) of SCHEDULE 5 · Status not determined · Strict liability
• Mechanically recovered meat paragraph 4(2) of SCHEDULE 6 · Status not determined · Strict liability
• It is an offence for any person producing feedingstuffs in accordance with point C(a)(ii) of Part II of Annex IV of… paragraph 4(3) of SCHEDULE 5 · Status not determined · Strict liability
• Slaughter of bovine animals over 30 months of age paragraph 4(4) of SCHEDULE 2 · Status not determined · Strict liability
• Pithing paragraph 5 of SCHEDULE 6 · Status not determined · Strict liability
• Action following confirmation of BSE paragraph 5(2) of SCHEDULE 3 · Status not determined · Strict liability
• Action following confirmation of BSE paragraph 5(4) of SCHEDULE 3 · Status not determined · Strict liability
• Retention of products and disposal paragraph 5(6) of SCHEDULE 2 · Status not determined · Strict liability
• Tongue harvesting paragraph 6 of SCHEDULE 6 · Status not determined · Strict liability
• Failure to comply with paragraph 5 is an offence paragraph 6(1) of SCHEDULE 5 · Status not determined · Strict liability
• It is an offence for any person collecting blood in accordance with the second paragraph of point D(a) of Part II of… paragraph 6(2) of SCHEDULE 5 · Status not determined · Strict liability
• It is an offence for any person producing blood products or blood meal in accordance with the second paragraph of… paragraph 6(3) of SCHEDULE 5 · Status not determined · Strict liability
• It is an offence for any person producing feedingstuffs in accordance with point D(c)(ii) of Part II of Annex IV of… paragraph 6(4) of SCHEDULE 5 · Status not determined · Strict liability
• It is an offence for a home compounder registered under paragraph 5(5)(b) to— a keep ruminant animals where blood… paragraph 6(5) of SCHEDULE 5 · Status not determined · Strict liability
• Death while under restriction paragraph 7 of SCHEDULE 3 · Status not determined · Strict liability
• Slaughter or sale for human consumption paragraph 7 of SCHEDULE 5 · Status not determined · Strict liability
• Change in use of equipment paragraph 7 of SCHEDULE 5 · Status not determined · Strict liability
• Head meat harvesting paragraph 7 of SCHEDULE 6 · Status not determined · Strict liability
• Placing on the market of bovine progeny paragraph 8 of SCHEDULE 3 · Status not determined · Strict liability
• It is an offence to store or transport— a bulk processed animal protein (other than fishmeal); or b bulk products,… paragraph 8(1) of SCHEDULE 5 · Status not determined · Strict liability
• Removal of specified risk material paragraph 8(1) of SCHEDULE 6 · Status not determined · Strict liability
• It is an offence to store or transport bulk fishmeal, dicalcium phosphate, tricalcium phosphate, blood products of… paragraph 8(2) of SCHEDULE 5 · Status not determined · Strict liability
• Removal of specified risk material paragraph 8(2) of SCHEDULE 6 · Status not determined · Strict liability
• In addition to the requirements of sub-paragraphs (1) and (2), it is an offence to transport bulk processed animal… paragraph 8(3) of SCHEDULE 5 · Status not determined · Strict liability
• Removal of specified risk material paragraph 8(3) of SCHEDULE 6 · Status not determined · Strict liability
• Conditions applying to the manufacture and transport of feedingstuffs, including petfood paragraph 9(1) of SCHEDULE 5 · Status not determined · Strict liability
• Conditions applying to the manufacture and transport of feedingstuffs, including petfood paragraph 9(2) of SCHEDULE 5 · Status not determined · Strict liability
• Bovine animals in a slaughterhouse paragraph 9(5) of SCHEDULE 6 · Status not determined · Strict liability
• Powers of inspectors regulation 14(2) · Status not determined · Strict liability
• Notices regulation 15(8) · Status not determined · Strict liability
• Notices restricting movement regulation 16(2) · Status not determined · Strict liability
• Obstruction regulation 17 · Status not determined · Requires proof of a state of mind
• Exception for research regulation 4(2) · Status not determined · Strict liability
• Occupier’s duty regulation 7 · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2006