Scottish Statutory Instrument 2002 No. 1

      The BSE Monitoring (Scotland) Amendment Regulations 2002


      © Crown Copyright 2002

      Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

      The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

      It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

      The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The BSE Monitoring (Scotland) Amendment Regulations 2002, ISBN 0 11059969 1. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

      Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

      To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.


SCOTTISH STATUTORY INSTRUMENTS


2002 No. 1

ANIMALS

ANIMAL HEALTH

The BSE Monitoring (Scotland) Amendment Regulations 2002

  Made 8th January 2002 
  Laid before the Scottish Parliament 9th January 2002 
  Coming into force 30th January 2002 

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent
     1.  - (1) These Regulations may be cited as the BSE Monitoring (Scotland) Amendment Regulations 2002 and shall come into force on 30th January 2002.

    (2) These Regulations extend to Scotland only.

Amendment of the BSE Monitoring (Scotland) Regulations 2001
    
2.  - (1) The BSE Monitoring (Scotland) Regulations 2001[2] are amended in accordance with the following provisions of this regulation.

    (2) In regulation 2 (interpretation)-

    (a) in paragraph (1)-

      (i) the definition of "the Commission Decisions" is omitted;

      (ii) after the definition of "bovine animal", there is inserted the following definition:-

      " "the Commission Regulation" means Commission Regulation (EC) No. 1248/2001[3] amending Annexes III, X and XI to Regulation (EC) No. 999/2001[4] as regards epidemio-surveillance and testing of transmissible spongiform encephalopathies;"; and

      (iii) for the definition of "notifiable bovine animal", there is substituted the following definition:-

      " "notifiable bovine animal" means a bovine animal over 24 months of age which has died or has been killed but which was not-

      (a) killed for destruction pursuant to Commission Regulation (EC) No. 716/1996[5];

      (b) killed in the framework of an epidemic such as foot-and-mouth disease; or

      (c) slaughtered for human consumption;"; and

    (b) paragraph (2) is omitted.

    (3) In paragraph (4)(g) of regulation 4 (powers of entry, examination, search and sampling etc.), for "Commission Decisions", there is substituted "Commission Regulation".

Amendment of the Cattle Identification Regulations 1998
     3. Regulation 2(1) of the Cattle Identification Regulations 1998[6] is amended by substituting for the definition of "notifiable bovine animal" the following definition:-

      " "notifiable bovine animal" means a bovine animal over 24 months of age which has died or has been killed but which was not-

      (a) killed for destruction pursuant to Commission Regulation (EC) No. 716/1996;

      (b) killed in the framework of an epidemic such as foot-and-mouth disease; or

      (c) slaughtered for human consumption;".

Amendment of the Cattle (Identification of Older Animals) (Scotland) Regulations 2001
     4. Regulation 2(1) of the Cattle (Identification of Older Animals) (Scotland) Regulations 2001[7] is amended by substituting for the definition of "notifiable bovine animal" the following definition:-

      " "notifiable bovine animal" means a bovine animal over 24 months of age which has died or has been killed but which was not-

      (a) killed for destruction pursuant to Commission Regulation (EC) No. 716/1996;

      (b) killed in the framework of an epidemic such as foot-and-mouth disease; or

      (c) slaughtered for human consumption;".


ROSS FINNIE
A member of the Scottish Executive

Pentland House, Edinburgh
8th January 2002



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations principally make amendments to the BSE Monitoring (Scotland) Regulations 2001 (S.S.I. 2001/231).

The amendments give effect to the obligations in article 1.1 of Commission Regulation (EC) No. 1248/2001 (O.J. No. L 173, 27.6.2001, p.12) amending Annex III to Regulation (EC) No. 999/2001 (O.J. No. L 147 31.5.2001, p.1) as regards epidemio-surveillance and testing of transmissible spongiform encephalopathies.

These require member States to ensure that certain categories of bovine animals over 24 months of age are examined in accordance with the prescribed minimum requirements for monitoring BSE. The definition of "notifiable bovine animal" has been amended to reflect the change in age of animals to which the obligation applies, with consequential amendments to substitute that term in the Cattle Identification Regulations 1998 and the Cattle (Identification of Older Animals) Regulations 2001.

A Regulatory Impact Assessment for these Regulations has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from SEERAD, Robb's Loan, Edinburgh EH14 1TY.


Notes:

[1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] S.S.I. 2001/231.back

[3] O.J. No. L 173, 27.6.2001, p.12.back

[4] O.J. No. L 147, 31.5.2001, p.1.back

[5] O.J. No. L 99, 20.4.1996, p.14.back

[6] S.I. 1998/871, amended by S.I. 1998/2969, 1999/1339 and S.S.I. 2001/231. The definition of "notifiable bovine animal" was inserted by S.S.I. 2001/231.back

[7] S.S.I. 2001/1, amended by S.S.I. 2001/231. The definition of "notifiable bovine animal" was inserted by S.S.I. 2001/231.back



ISBN 0 11059969 1


 


Other Scottish Statutory Instruments | UK Statutory Instruments | Home |  Her Majesty's Stationery Office


We welcome your comments on this site
© Crown copyright 2002
Prepared 23 January 2002