Joint Committee On Statutory Intruments Sixth Report


Further memorandum from the Department for Environment, Food and Rural Affairs

TSE (ENGLAND) (AMENDMENT) (NO. 2) REGULATIONS 2002 (S.I. 2002/2860)

1. The Committee asked why new regulation 29B(4) does not indicate that an inspector's powers to carry out the requirements of a notice arises after the recipient of the notice has been informed of the Secretary of State's decision to confirm the notice.

2. The notice can do two different things. One is to require slaughter after 28 days. The other is to require the owner or person in charge to keep the animal in such manner as the notice provides.

3. In the first case there is nothing to enforce until 28 days after the notice, which is longer than the 21 days within which the person has the right to make representations to the Secretary of State. If, 28 days after service of the notice, the case was still under consideration by the Secretary of State, the Department submits that it is implicit that the inspector would not cause the animal to be slaughtered until the Secretary of State had either confirmed or withdrawn the notice.

4. In the second case the inspector may well have to exercise the power before the expiry of the 21 days. If the inspector serves a notice requiring an animal not to be moved, and the owner decides to move the animal immediately in contravention of the notice, then the inspector will have to ensure that the notice is complied with even though the 21 day period for making representations has not expired.

13 December 2002


 
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