The Transmissible Spongiform Encephalopathies (England) Regulations 2018

UK Statutory Instrument 2018 No. 731 — creates 1 criminal offence.

Made

13 June 2018

In force from

19 July 2018

Extent

Not stated

Subject

Dogs, animals, hunting and wildlife

Made under

(EC) No. 178/2002, Schedule 2 to, the 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, which apply in England, revoke and remake with amendments the Transmissible Spongiform Encephalopathies (England) Regulations 2010 (S.I. 2010/801). These Regulations 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 (OJ No L 147, 31.5.2001, p 1) (“the EU TSE Regulation”). The provisions in Part 2 identify the TSE controls that are subject to enforcement under these Regulations and introduce Schedules 2 to 8. Part 3 deals with administration and enforcement. These Regulations are enforced by local authorities as defined in regulation 2. A Unitary authority may act as the enforcement authority where it is the sole principal county or district council for its local government area. Schedule 1 sets out the TSE requirements. Schedule 2 sets out the requirements for monitoring for TSE and the approval of laboratories and provides for compensation. Schedule 3 provides for TSE controls and compensation for bovine animals (cattle). Schedule 4 provides for TSE controls and compensation for ovine and caprine animals (sheep and goats). Schedule 5 provides for TSE controls and compensation for animals that are not bovine, ovine, or caprine animals. Schedule 6 provides for restrictions to be placed on suspect feedingstuffs and for the slaughter of animals that have had access to unlawful feedingstuffs. Schedule 7 sets out the controls for dealing with specified risk material and mechanically recovered meat. Slaughtering techniques are specified in the Schedule. The Food Standards Agency are appointed as the competent authority for granting authorisations and carrying out Annex 5 duties provided for in the EU TSE Regulation. Schedule 8 deals with the export of live bovine animals and products derived from them to other member States and to third countries. Schedule 9 contains a list of instruments that are revoked. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Offences created by this instrument

• It is an offence— a to fail to comply with the TSE requirements; b to fail to comply with the requirements of any… regulation 18(1) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 Lords · Lords Chamber · 13 May 2019 · The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)

  My Lords, I hope that it will be helpful to your Lordships if I speak to both the Animal Health, Alien Species in Aquaculture and Invasive Non-native Species (Amendment) (EU Exit) Regulations 2019 and the Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019, given the close connection between the two instruments. It may also be helpful to explain why we are debating the Animal Health, Plant Health, Seeds and Seed Potatoes (Amendment) (EU Exit) Regulations 2019 again when it has already had your Lordships’ full consideration. We are doing so because…

• Access to Food Commons · Commons Chamber · 25 July 2019 · Deidre Brock (Edinburgh North and Leith) (SNP)

  I welcome the new Secretary of State to her place. Changes to the Transmissible Spongiform Encephalopathies (England) Regulations 2018, in line with changes to EU rules for ovine age identification, would go a long way to help ensure access to safe and healthy food and would help our farmers, but I am repeatedly being fobbed off with an excuse that a consultation will be coming soon. When will we see it?

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure

Made negative — law unless a motion to stop it succeeded

Could either House amend it?

No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Committee

Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

• Instrument created 13 June 2018
• Instrument made (signed into law) 13 June 2018
• Laid before the House of Commons 18 June 2018 · Commons
• Laid before the House of Lords 18 June 2018 · Lords
• Considered by the Secondary Legislation Scrutiny Committee (SLSC) 10 July 2018 · Lords
• Information paragraph provided by the Secondary Legislation Scrutiny Committee (SLSC) 10 July 2018 · Lords
• Considered by the Joint Committee on Statutory Instruments (JCSI) 18 July 2018 · Commons, Lords
• Drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 18 July 2018 · Commons, Lords
• Joint Committee on Statutory Instruments (JCSI) draws the special attention of both Houses to the instrument on the grounds that it is defectively drafted 18 July 2018 · Commons, Lords
• Instrument comes into force as law 19 July 2018
• Objection period ends 6 September 2018
• Instrument remains law 6 September 2018
• Procedure concluded in the House of Commons and the House of Lords 6 September 2018 · Commons, Lords

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2018