Scottish Statutory Instrument SI 2010/177 Scotland

The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010

Read it on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 14 of 47 obligations carry a criminal penalty. 10 carry different penalties and 23 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person30 Occupier10 Manufacturer1

Plus 6 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Occupier — also bound by 235 other Acts
Highways Act 1980 23 duties
Manufacturer — also bound by 502 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

23 other provisions — procedural and definitional
s.001 Citation, commencement and extent
s.002 Interpretation
s.003 Appointment of competent authority
s.004 Exception for research
s.005 The Schedules
s.006 Approvals, authorisations, licences and registrations
s.007 Occupier's duty
s.008 Suspension and amendment
s.009 Revocation of approvals, authorisations, licences and registrations
s.010 Appeals procedure
s.011 Valuations
s.012 Appointment of inspectors
s.013 Powers of entry
s.014 Powers of inspectors
s.015 Notices
s.016 Notices restricting movement
s.017 Obstruction
s.018 Penalties
s.019 Offences by bodies corporate
s.020 Enforcement
s.021 Consequential amendments
s.022 Saving provision
s.023 Revocations
Schedules

Schedules

47 of 100 shown
s.sch002 TSE sampling of sheep, goats and deer Regulated
  • Retain and dispose of sheep, goat, and deer carcases for TSE testingOccupier
s.sch002 Compensation Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must pay compensation for TSE-positive slaughtered animals and adjacent destroyed animalsCrown / Minister / Government department
s.sch002 Destruction without sampling Prosecution
  • Destroy bovine body before BSE samplingAny Person

Unlimited fine

s.sch002 Consignment and slaughter of over-age bovine animals Prosecution
  • Consign or slaughter over-age bovine for human consumptionAny Person

Unlimited fine

s.sch002 Brain stem sampling of bovine animals (slaughterhouses) Regulated
  • Take brain stem samples from certain bovine animals and send for TSE testingOccupier
s.sch003 Notification Regulated
  • Notify Scottish Ministers of any bovine animal suspected of having TSEAny Person
s.sch003 Killing of a suspect animal Regulated
  • Breach TSE suspect animal control measuresAny Person
s.sch003 Action following confirmation of test result Regulated
  • Fail to comply with TSE control measures (removal/destruction offences)Any Person
s.sch003 Death while under restriction Prosecution
  • Fail to notify death or dispose of bovine animal under restrictionAny Person

Unlimited fine

s.sch003 Placing on the market of progeny Prosecution
  • Sell or supply cattle from TSE-suspect animalsAny Person

Unlimited fine

s.sch004 Notification Regulated
  • Notify Scottish Ministers immediately if you suspect a sheep or goat has a TSEAny Person
s.sch004 Confirmation of atypical scrapie in sheep or goats Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must serve notice of intensified TSE monitoring after atypical scrapie confirmationCrown / Minister / Government department
s.sch004 Derogation Regulated
  • Apply in writing for a delay to animal destruction (if you wish to)Occupier
s.sch004 Time for appeals Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must not kill sheep/goats or destroy ova/embryos before appeal period endsCrown / Minister / Government department
s.sch004 Killing and destruction following confirmation Regulated
Other duties (1) — Crown / regulator
  • Inspector must ensure killing of specified animals and destruction of ova/embryos after TSE confirmationStatutory regulator
s.sch004 Subsequent occupiers Regulated
  • Inform new occupier of any TSE notices when the holding changes handsOccupier
s.sch004 Introduction of animals onto a holding Prosecution
  • Introduce animal in breach of TSE movement rulesAny Person

Unlimited fine

s.sch004 Use of ovine germinal products Prosecution
  • Use banned sheep germinal products (e.g. semen/eggs)Any Person

Unlimited fine

s.sch004 Movement of animals from a holding Regulated
  • Move animals from a holding in breach of TSE rulesAny Person
s.sch004 Period of movement restrictions Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must notify holding occupiers of movement restriction datesCrown / Minister / Government department
s.sch004 Death while under restriction Regulated
  • Fail to notify or retain carcass of restricted animalAny Person
s.sch004 Placing on the market of progeny of sheep or goats in which BSE is confirmed Regulated
  • Place prohibited TSE-affected sheep or goat products on the marketAny Person
s.sch004 Valuations Regulated
  • Pay valuation fee if you challenge TSE compensationAny Person
s.sch004 Use of milk and milk products following confirmation of classical scrapie Regulated
  • Restrict use of milk from scrapie-positive sheep or goatsAny Person
s.sch005 Notification Regulated
  • Notify Scottish Ministers of suspected TSE in certain animals and detain themAny Person
s.sch005 Slaughter of a suspect animal Regulated
  • Remove or dispose of suspect animal carcass without written directionAny Person
s.sch006 Killing of animals that have had access to unlawful feedingstuffs Regulated
  • You must kill or isolate animals that ate banned feedAny Person
s.sch006 Compensation Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must decide compensation for animals killed due to suspected TSE feedCrown / Minister / Government department
s.sch007 Young lamb and goat stamps Regulated
  • Apply, possess, or misuse young lamb/goat stampsAny Person
s.sch007 Removal of spinal cord from sheep and goats Regulated
  • Remove spinal cord from sheep or goat unlawfullyAny Person
s.sch007 Removal of specified risk material at a cutting plant authorised under paragraph 13(1) Regulated
  • Remove specified risk material from meat before it leaves your cutting plantOccupier
s.sch007 Meat from a Member State Regulated
  • Send imported bovine vertebral column meat directly to an authorised cutting plantManufacturer
s.sch007 Staining and disposal of specified risk material Regulated
  • Fail to properly stain and dispose of specified risk materialOccupier
s.sch007 Security of specified risk material Regulated
  • Securely store specified risk material in labelled impervious containersOccupier
s.sch007 Prohibition on the sale, supply or possession for sale or supply of specified risk material for human consumption Prosecution
  • Sell or possess specified risk material for human consumptionAny Person

Unlimited fine

s.sch007 Training Regulated
  • Train staff handling specified risk material in slaughterhouses or cutting plantsOccupier
s.sch007 Mechanically separated meat Prosecution
  • Use illegal mechanically separated meat in food or feedAny Person

Unlimited fine

s.sch007 Pithing Prosecution
  • Fail to comply with EU TSE tissue-laceration rulesAny Person

Unlimited fine

s.sch007 Tongue harvesting Regulated
  • Fail to comply with tongue harvesting rulesAny Person
s.sch007 Head meat harvesting Regulated
  • Fail to comply with bovine head meat harvesting rulesAny Person
s.sch007 Removal of specified risk material Regulated
  • Remove specified risk material without authorisationAny Person
s.sch007 Bovine animals in a slaughterhouse Regulated
  • Remove specified risk material from bovine carcases immediately after slaughterOccupier
s.sch007 Sheep and goats in a slaughterhouse Regulated
  • Remove specified risk material from sheep and goat carcassesOccupier
s.sch008 Placing on the market or export to countries outside the European Union of bovine products Regulated
  • Place on the market or export prohibited bovine productsAny Person
s.sch008 Placing on the market or export to countries outside the European Union of bovine animals Regulated
  • Place on market or export prohibited bovine animalsAny Person
s.sch008 Export to Member States of heads and un-split carcases Regulated
  • Export prohibited TSE material to EU Member StateAny Person
s.sch008 Export to countries outside the European Union of products containing specified risk material Prosecution
  • Export products containing specified risk materialAny Person

Unlimited fine

53 other schedules
s.sch001 The EU instruments that must be construed as amended from...
s.sch002 Notification of the body of a goat for the purpose of monitoring under Article 6 of the EU TSE Regulation
s.sch002 Approval of laboratories
s.sch002 Approved sampling sites
s.sch002 Slaughter of bovine animals
s.sch002 Retention of products and disposal
s.sch002 Animal identification and separation
s.sch002 Brain stem sampling
s.sch002 Correlation of sample to carcase and all other parts of the body
s.sch002 Retention of carcases
s.sch002 Delivery of the body of a bovine animal for the purpose of monitoring under Article 6 of the EU TSE Regulation
s.sch002 Retention of parts of the body
s.sch002 Disposal before receipt of the result
s.sch002 Other measures following sampling
s.sch002 Persons collecting and delivering
s.sch002 Retention of bodies of bovine animals pending test results
s.sch002 Island areas
s.sch002 Brain stem sampling of bovine animals (other places of slaughter)
s.sch003 Exceptions
s.sch003 Restriction of a notified animal
s.sch003 Identification and restriction of progeny and cohorts
s.sch003 When compensation is payable
s.sch003 Amount of compensation payable
s.sch004 Animals from another holding
s.sch004 Common grazing
s.sch004 Multiple flocks on a holding
s.sch004 Restriction of a notified animal
s.sch004 Compensation for a sheep or goat slaughtered as a suspect animal
s.sch004 Compensation for animals killed or products destroyed following confirmation of TSE
s.sch004 Compensation for milk and milk products compulsorily destroyed in accordance with paragraph 9
s.sch004 Killing of a suspect animal
s.sch004 Movement restrictions
s.sch004 Action where TSE is not confirmed
s.sch004 Action following confirmation of TSE in sheep
s.sch004 Confirmation of TSE in goats
s.sch004 Inability to exclude BSE in sheep or goats
s.sch005 Restriction of a notified animal
s.sch005 Compensation
s.sch006 Restriction and disposal of unlawful feedingstuffs
s.sch007 Appointment of Food Standards Scotland as the competent authority
s.sch007 Bovine animals, sheep and goats in other places of slaughter
s.sch007 Authorisation of alternative method of removal
s.sch007 Authorisation of cutting plants by Food Standards Scotland
s.sch007 Determination of the age of sheep or goats
s.sch008 Further offences relating to placing on the market and export
s.sch009 The Animal By-Products (Identification) Regulations 1995 are amended as follows....
s.sch009 The Rendering (Fluid Treatment) (Scotland) Order 2001 is amended as...
s.sch009 In article 2 (interpretation), in the definition of “animal by-product”, for...
s.sch009 The Meat Products (Scotland) Regulations 2004 are amended as follows....
s.sch009 In regulation 2 (interpretation), in the definition of “meat product” for...
s.sch009 In regulation 6(2) (parts of the carcase in uncooked meat products),...
s.sch009 The Official Feed and Food Controls (Scotland) Regulations 2009 are...
s.sch009 In paragraph (a)(viii) of the definition of “relevant food law”...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.