The TSE (Scotland) Amendment Regulations 2004 (revoked)
Scottish Statutory Instrument 2004 No. 277 — creates 4 criminal offences.
- Made
- 9 June 2004
- In force from
- 20 July 2004
- Extent
- Not stated
- Subject
- Dogs, animals, hunting and wildlife
- 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 TSE (Scotland) Regulations 2002 (S.S.I. 2002/255) (“the principal Regulations”). They make provision for the enforcement in Scotland of Annex VII (other than paragraphs 1(a) and 2(a)) to 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 (OJ No. L 147, 31.5.2001, p. 1) (“the Community TSE Regulation”). Annex VII was replaced by Commission Regulation (EC) No. 1915/2003 of the European Parliament and of the Council as regards the trade and import of ovine and caprine animals and the measures following the confirmation of transmissible spongiform encephalopathies in bovine, ovine and caprine animals (OJ No. L 283, 31.10.2003, p. 29). These Regulations add a new Schedule 6A to the principal Regulations. That Schedule provides that the Scottish Ministers are the competent authority for the purposes of Annex VII to the Community TSE Regulation (paragraph 1 of the Schedule). They make provision for notifications to be given and procedures to be followed on confirmation of transmissible spongiform encephalopathies in sheep and goats (paragraphs 2 to 7). These include an offence of failure to transmit a notice served on a holding to a new occupier of the holding (paragraph 8). Part II of the Schedule regulates the movement of sheep and goats following notification under Part I (paragraphs 9 to 13) and provides for potential derogations specified in Annex VII to the Community TSE Regulation (paragraph 14). Part III provides a procedure for review of notices served under the Schedule. Part IV specifies compensation for animals, embryos and ova destroyed in accordance with the Schedule. A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY
Offences created by this instrument
- Introduction of animals on to a holding paragraph 10 of SCHEDULE · Status not determined · Strict liability
- Use of ovine germinal products paragraph 11 of SCHEDULE · Status not determined · Strict liability
- Movement of animals from a holding paragraph 12 of SCHEDULE · Status not determined · Strict liability
- Subsequent occupiers paragraph 8 of SCHEDULE · 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 2004