The Transmissible Spongiform Encephalopathies (Wales) Regulations 2018

Welsh Statutory Instrument 2018 No. 968 — creates 48 criminal offences.

48offences created

0recorded in force

0revoked

Made: 4 September 2018
In force from: 1 October 2018
Extent: Not stated
Subject: Dogs, animals, hunting and wildlife
Made under: (EC) No. 178/2002, European Communities Act 1972, 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 relation to Wales, revoke and remake with amendments the Transmissible Spongiform Encephalopathies (Wales) Regulations 2008 (S.I. 2008/3154 (W. 282)). These Regulations continue to 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”). Part 1 of the Regulations provides that the Welsh Ministers are the competent authority for the purposes of the EU TSE Regulation, except in Schedule 7 where the competent authority is the Food Standards Agency (regulation 3). Animals kept for the purposes of research (and to which the EU TSE Regulation do not apply) must be disposed of in accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption (OJ No L 300, 14.11.2009, p. 1) (regulation 4). 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. Regulations 7 to 11 deal with approvals, authorisations, licences and registrations, occupiers’ duties, suspension, amendment and revocations of approvals etc., and an appeals procedure. Regulation 12 deals with valuations. Regulations 13 to 15 give powers to the Welsh Ministers, the local authority and the Food Standards Agency to appoint inspectors, and deal with powers of entry and powers of inspectors. Regulation 16 provides for a notice procedure, regulation 17 provides for service of notices and regulation 18 provides for licences permitting movement during a movement restriction. Regulations 19 to 21 deal with, penalties and offences. Regulation 22 details who is responsible for enforcing these Regulations. Regulation 23 contains some consequential amendments. Regulation 24 deals with revocations. Regulation 25 contains transitional provisions. 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 deals with control and eradication of TSEs in bovine animals and for those purposes makes provision for the payment of compensation by Welsh Ministers for bovine animals. Schedule 4 deals with control and eradication of TSEs in sheep and goats and for those purposes makes provision for the payment of compensation by Welsh Ministers for sheep and goats. Schedule 5 deals with control and eradication of TSEs in animals that are not bovine, ovine or caprine and for those purposes makes provision for the payment of compensation by Welsh Ministers. Schedule 6 deals with feedingstuffs. Part 1 covers restrictions on feeding protein to animals and provides for the payment of compensation by Welsh Ministers for the slaughter of animals which have had access to unlawful feedingstuffs. Part 2 deals with controls on the production of protein and feedingstuffs. Schedule 7 covers specified risk material, mechanically separated meat and slaughtering techniques. The Food Standards Agency is appointed as the competent authority for the purposes of this Schedule. Schedule 8 deals with the export of live bovine animals and products derived from them to other Member States and to third countries. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a Regulatory Impact Assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

Offences created by this instrument

Delivery of the body of a bovine animal for the purpose of monitoring paragraph 1(1) of SCHEDULE 2 · Status not determined · Strict liability
Prohibition on feeding animal protein paragraph 1(1) of SCHEDULE 6 · Status not determined · Strict liability
Placing on the market or export to third countries of bovine products paragraph 1(1) of SCHEDULE 8 · Status not determined · Strict liability
Delivery of the body of a bovine animal for the purpose of monitoring paragraph 1(2) of SCHEDULE 2 · Status not determined · Strict liability
Notification paragraph 1(4) of SCHEDULE 3 · Status not determined · Strict liability
Young lamb and goat stamps paragraph 11(3) of SCHEDULE 7 · Status not determined · Strict liability
Young lamb and goat stamps paragraph 11(4) of SCHEDULE 7 · Status not determined · Strict liability
Subsequent occupiers paragraph 12(1) of SCHEDULE 4 · Status not determined · Strict liability
Removal of spinal cord from ovine and caprine animals paragraph 12(1) of SCHEDULE 7 · Status not determined · Strict liability
Subsequent occupiers paragraph 12(2) of SCHEDULE 4 · Status not determined · Strict liability
Death while under restriction paragraph 13 of SCHEDULE 4 · Status not determined · Strict liability
Placing on the market of progeny of ovine and caprine animals paragraph 14 of SCHEDULE 4 · Status not determined · Strict liability
Removal of specified risk material at a cutting plant authorised under paragraph 13(1) paragraph 14 of SCHEDULE 7 · Status not determined · Objective fault
Carcases from a Member State paragraph 15 of SCHEDULE 7 · Status not determined · Strict liability
Export of processed animal protein to third countries paragraph 15(1) of SCHEDULE 6 · Status not determined · Strict liability
Export of processed animal protein to third countries paragraph 15(2) of SCHEDULE 6 · Status not determined · Strict liability
Export of processed animal protein to third countries paragraph 15(3) of SCHEDULE 6 · Status not determined · Strict liability
Staining and disposal of specified risk material paragraph 16(1) of SCHEDULE 7 · Status not determined · Strict liability
It is an offence to sell, supply or possess for sale or supply— a any specified risk material, or any food containing… paragraph 18 of SCHEDULE 7 · Status not determined · Strict liability
Destruction without sampling paragraph 2 of SCHEDULE 2 · Status not determined · Strict liability
Training paragraph 2 of SCHEDULE 7 · Status not determined · Strict liability
Placing on the market or export to third countries of bovine animals paragraph 2(1) of SCHEDULE 8 · Status not determined · Strict liability
Movement prohibitions and restrictions paragraph 2(4) of SCHEDULE 6 · Status not determined · Strict liability
Brain stem sampling of bovine animals (approved sampling sites) paragraph 3 of SCHEDULE 2 · Status not determined · Strict liability
Mechanically separated meat paragraph 3(1) of SCHEDULE 7 · Status not determined · Strict liability
Killing of a suspect animal paragraph 3(2) of SCHEDULE 3 · Status not determined · Strict liability
Killing of a suspect animal paragraph 3(2) of SCHEDULE 4 · Status not determined · Strict liability
Mechanically separated meat paragraph 3(2) of SCHEDULE 7 · Status not determined · Strict liability
Pithing paragraph 4 of SCHEDULE 7 · Status not determined · Strict liability
Brain stem sampling of bovine animals (slaughterhouses) paragraph 4(1) of SCHEDULE 2 · Status not determined · Strict liability
Tongue harvesting paragraph 5 of SCHEDULE 7 · Status not determined · Strict liability
Action following confirmation paragraph 5(4) of SCHEDULE 3 · Status not determined · Strict liability
Confirmation of TSE (excluding BSE and atypical scrapie) in ovine or caprine animals paragraph 5(5) of SCHEDULE 4 · Status not determined · Strict liability
Action following confirmation paragraph 5(7) of SCHEDULE 3 · Status not determined · Strict liability
Death while under restriction paragraph 6 of SCHEDULE 3 · Status not determined · Strict liability
Head meat harvesting paragraph 6 of SCHEDULE 7 · Status not determined · Strict liability
Placing on the market of bovine progeny paragraph 7 of SCHEDULE 3 · Status not determined · Strict liability
Removal of specified risk material paragraph 7(1) of SCHEDULE 7 · Status not determined · Strict liability
Removal of specified risk material paragraph 7(2) of SCHEDULE 7 · Status not determined · Strict liability
Retention of products and disposal paragraph 7(7) of SCHEDULE 2 · Status not determined · Strict liability
Consignment and slaughter of an over-age bovine animal paragraph 8(1) of SCHEDULE 3 · Status not determined · Strict liability
Killing and destruction following confirmation paragraph 8(2) of SCHEDULE 4 · Status not determined · Strict liability
Powers of inspectors regulation 15(2) · Status not determined · Strict liability
Notices regulation 16(6) · Status not determined · Strict liability
Notices restricting movement regulation 18(2) · Status not determined · Strict liability
A person commits an offence if that person— a intentionally obstructs an inspector acting under these Regulations; b… regulation 19 · Status not determined · Requires proof of a state of mind
Animals intended for research regulation 4(2) · Status not determined · Strict liability
Occupier’s duty regulation 8 · 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 has no record of this instrument, although it covers the period. Nothing is inferred from that.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
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