The Transmissible Spongiform Encephalopathies (Amendment) Regulations (Northern Ireland) 2009 (revoked)

Northern Ireland Statutory Rule 2009 No. 347 — creates 12 criminal offences.

12offences created

0recorded in force

0revoked

Made: 16 October 2009
In force from: 9 November 2009
Extent: Not stated
Subject: Agriculture, plant health, food production and rural affairs
Made under: 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 amend the Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2008 (S.R. 2008 No.508) which 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. Schedule 2 (TSE monitoring) is amended to place a duty on those in possession of a body of a bovine animal required for TSE testing to identify an approved TSE sampling site that will carry out brain stem sampling. They must make an arrangement with the operator of the site to have the bovine animal body collected and detain it until it has been collected. Alternatively they may, by prior agreement with the operator of the site, take the bovine animal body to that site within agreed timeframes. The operator of the approved TSE sampling site with whom an arrangement has been made for collection of a body of a bovine animal required for TSE testing must ensure that it is collected and delivered to the site in accordance with the official document relating to the site and must take a sample of brainstem material from it. Failure to comply with these provisions is an offence. Schedule 2 is also amended to create new offences of destroying a carcase to which these provisions apply before it has been sampled and of failing to comply with point 6(3) of Chapter A of Annex III of Regulation (EC) 999/2001. Provision is also made for the approval of TSE sampling sites by the Department. Offences are punishable in accordance with regulation 18 of the Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2008 by— a on summary conviction, a fine not exceeding the statutory maximum or imprisonment for a term of three months or both; or b on conviction on indictment, a fine or imprisonment for a term not exceeding two years or both.

Offences created by this instrument

1 For the purpose of monitoring under Article 6 of the Community TSE Regulation, a person who has in their possession,… regulation 1(1) · Status not determined · Strict liability
1 For the purpose of monitoring under Article 6 of the Community TSE Regulation, a person who has in their possession… regulation 1A(1) · Status not determined · Strict liability
Persons collecting and delivering the body of a bovine animal regulation 1B · Status not determined · Strict liability
Brain stem sampling of the body of a bovine animal regulation 1C · Status not determined · Strict liability
Destruction without sampling regulation 1D · Status not determined · Strict liability
Retention and Disposal of the body of a bovine animal pending test results regulation 1E · Status not determined · Strict liability
Notification of the body of a goat for the purpose of monitoring under Article 6 of the Community TSE Regulation 1 1… regulation 2(3) · Status not determined · Strict liability
Arrangements in respect of the body of a bovine animal for the purpose of monitoring under Article 6 of the Community… regulation 2(3) · Status not determined · Strict liability
Persons collecting and delivering the body of a bovine animal 1B The operator of an approved TSE sampling site with… regulation 2(3) · Status not determined · Strict liability
Brain stem sampling of the body of a bovine animal 1C The operator of an approved TSE sampling site to which the body… regulation 2(3) · Status not determined · Strict liability
Destruction without sampling 1D Any person who destroys the body of a bovine animal to which paragraph 1A applies… regulation 2(3) · Status not determined · Strict liability
Retention and Disposal of the body of a bovine animal pending test results 1E The operator of an approved TSE sampling… regulation 2(3) · 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

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