The TSE (Wales) (Amendment) Regulations 2004

Welsh Statutory Instrument 2004 No. 2735 — creates 6 criminal offences.

6offences created

0recorded in force

0revoked

Made: 19 October 2004
In force from: 1 November 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 (Wales) Regulations 2002, S.I. 2002/1416 (W.142). They make provision for the enforcement 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). Annex VII to that Regulation was first replaced in respect of ovine and caprine animals by Commission Regulation (EC) No 260/2003 amending Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards the eradication of transmissible spongiform encephalopathies in ovine and caprine animals and rules for the trade in live ovine and caprine animals and bovine embryos (OJ No. L 37, 13/02/2003, p.7). The Annex was subsequently replaced by Commission Regulation (EC) No. 1915/2003 (OJ No. L 283, 31.10.2003, p. 29). They add a new Schedule to the Regulations. They provide that the Secretary of State is the competent authority for the purposes of Annex VII to the EU Regulation (paragraph 1 of the Schedule). They make provision for notices to be served and procedures to be followed following confirmation of TSE in sheep and goats (paragraphs 2 to 8). Part II of the Schedule regulates movement of sheep and goats following service of a notice under Part I (paragraphs 9 to 13) and provides for potential derogations specified in Annex VII to the EC Regulation (paragraph 14). Part III provides an appeals procedure against notices served under the Schedule. Part IV specifies compensation for animals, embryos and ova destroyed in accordance with the Schedule. A Regulatory Appraisal has been prepared and is available from the Animal and Plant Health Division, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.

Offences created by this instrument

Introduction of animals on to a holding regulation 10 · Status not determined · Strict liability
Use of ovine germinal products regulation 11 · Status not determined · Strict liability
Movement of animals from a holding regulation 12 · Status not determined · Strict liability
Introduction of animals on to a holding 10 Any person who introduces an animal on to a holding in contravention of… regulation 4 · Status not determined · Strict liability
Use of ovine germinal products 11 Any person who uses ovine germinal products in contravention of paragraph 3.2 of… regulation 4 · Status not determined · Strict liability
Movement of animals from a holding 12 Any person who moves an animal from a holding in contravention of paragraph 5 of… regulation 4 · 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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