Statutory Rule 1999 No. 323

Bovine Spongiform Encephalopathy (Feedingstuffs and Surveillance) Regulations (Northern Ireland) 1999

Statutory Rules of Northern Ireland printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Government Printer for Northern Ireland.

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 Rules of Northern Ireland does not extend to the Government Printer for Northern Ireland imprints which should be removed from any copies of the Statutory Rule which are issued or made available to the public. This includes reproduction of the Statutory Rule 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 Statutory Rule which is published by the Government Printer for Northern Ireland 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 Bovine Spongiform Encephalopathy (Feedingstuffs and Surveillance) Regulations (Northern Ireland) 1999 , ISBN 0 33 793683 8. The print version may be purchased by clicking here. Braille copies of this Statutory Rule 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.

STATUTORY RULES OF NORTHERN IRELAND

1999 No. 323
ANIMALS
ANIMAL HEALTH
Bovine Spongiform Encephalopathy (Feedingstuffs and Surveillance) Regulations (Northern Ireland) 1999

	Made	9th July 1999
	Coming into operation	3rd September 1999

The Department of Agriculture, being a Department designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Bovine Spongiform Encephalopathy (Feedingstuffs and Surveillance) Regulations (Northern Ireland) 1999 and shall come into operation on 3rd September 1999.

Interpretation
     2. - (1) The Interpretation Act (Northern Ireland) 1954[3] shall apply to these Regulations as it applies to a measure of the Northern Ireland Assembly.

    (2) In these Regulations -

"authorised officer" means an inspector appointed by the Department for the purposes of the Diseases of Animals (Northern Ireland) Order 1981 and any other officer of the Department authorised by it to exercise functions under these Regulations;

"the Department" means the Department of Agriculture for Northern Ireland;

"the disease" means bovine spongiform encephalopathy;

"premises" includes any structure or vehicle and premises occupied as or contiguous with a dwelling; and

"protein" means any proteinaceous material derived from a carcase, except -

    (3) Other expressions in these Regulations which are also used in the Commission Decision have the same meaning as in that Decision.

    (4) These Regulations are without prejudice to the powers conferred by or under the Diseases of Animals (Northern Ireland) Order 1981 on inspectors appointed by the Department for the purposes of that Order.

Powers of authorised officers in relation to samples
     3. - (1) An authorised officer shall, on producing, if required to do so, a duly authenticated document showing his authority, have the right to enter at any reasonable time any premises and there take such samples from any material found on the premises as are necessary to allow the carrying out of the Official Elisa tests on those samples to determine whether that material consists of or contains ruminant protein.

    (2) An authorised officer may send any sample taken in accordance with paragraph (1) for laboratory testing.

    (3) An authorised officer entering any premises in accordance with paragraph (1) may take with him such other persons acting under his instructions as he considers necessary for the purposes of this regulation.

Investigation of the disease in bovine animals
     4. - (1) When carrying out an investigation of the disease as part of a programme of monitoring by the Department under Article 4(1) of the Commission Decision, an authorised officer may -

(a) inspect and examine any bovine animal or the carcase of any bovine animal on any premises;

(b) make such tests in relation to, and take such samples from, any bovine animal or the carcase of any bovine animal on any premises as he may consider necessary for the purpose of diagnosis or research in relation to the disease;

(c) mark for identification purposes any bovine animal or the carcase of any bovine animal on any premises; and

(d) examine any record in whatever form on the premises, and take copies of those records, which he believes may be relevant to any such inspection, examination, test, sampling or marking.

(2) The occupier of any premises and his employees, and any person who is or has been in possession or charge of any animal or carcase which is or has been on any premises, shall -

(a) provide such reasonable facilities and comply with such reasonable requirements as are necessary for an investigation of the disease as part of a programme of monitoring referred to in paragraph (1); and

(b) if so required by an authorised officer, give such information as he possesses as to -

(3) An authorised officer shall, on producing, if required to do so, his authority, have a right at any reasonable time -

(a) to enter any premises -

(b) to enter any premises for the purpose of ascertaining whether there is on the premises any evidence of any contravention of the provisions of this regulation.

(4) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises for any of the purposes mentioned in paragraph (3) and that either -

(a) admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or

(b) an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,

the justice may by warrant signed by him authorise an authorised officer to enter the premises, if need be by reasonable force.

(5) An authorised officer, when entering premises for any of the purposes mentioned in paragraph (3), or when on any premises for any such purpose, may -

(a) examine any record in whatever form on the premises, and take copies of those records;

(b) have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any records, and may require any person having charge of, or who is otherwise concerned with the operation of the computer, apparatus or material to afford him such assistance as he may reasonably require;

(c) where records are kept by means of a computer, may require the records to be produced in a form in which they may be taken away;

(d) take with him such other person as he considers necessary -

(e) take with him a representative of the European Commission acting for any purposes in relation to the Commission Decision.

Obstruction
5. - (1) A person shall not -

(a) intentionally obstruct an authorised officer acting in the execution of these Regulations;

(b) without reasonable cause, fail to give to any authorised officer acting in the execution of these Regulations any assistance or information which the officer may reasonably require of him under regulation 4(2) for the purpose of carrying out his functions under these Regulations; or

(c) furnish to any authorised officer acting in the execution of these Regulations any information which he knows to be false or misleading.

(2) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.

Offences and penalties
6. - (1) Any person who, without lawful authority or excuse, proof of which shall lie on him -

(a) defaces, obliterates or removes any mark applied to any bovine animal or carcase under regulation 4(1)(c);

(b) contravenes or fails to comply with regulation 4(2) or 5(1); or

(c) knowingly causes or permits any such contravention or non-compliance,

shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) shall be liable -

(a) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both;

(b) on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both.

Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on

L.S.