The Selective Cull (Enforcement of Community Compensation Conditions) Regulations 1996

• Citation: S.I. 1996/3186
• Sections: 5

Section 1 Title, commencement and extent

(1) These Regulations may be cited as the Selective Cull (Enforcement of Community Compensation Conditions) Regulations 1996 and shall come into force on 24th January 1997.

(2) These Regulations extend to Great Britain.

Section 2 Interpretation

In these Regulations—

“approved operator” means the operator of an incinerator or rendering plant, as the case may be, approved under the Specified Bovine Material ( No. 3) Order 1996 ;

“the Commission Regulation” means Commission Regulation ( EC ) No. 1484/96 adopting exceptional support measures for the beef market in the United Kingdom by application of Commission Decision 96/385/EC ;

“licensed operator” means the owner or occupier of a slaughterhouse licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;

“selective cull” means the compulsory slaughter programme introduced under section 32 of the Animal Health Act 1981 in accordance with the plan for the control and eradication of bovine spongiform encephalopathy drawn up by the United Kingdom and approved by Commission Decision 96/385/EC ; and

“specified Community provision” means a provision of the Commission Regulation specified in the Schedule to these Regulations.

Section 3 Offences

(1) Where there is, in a slaughterhouse, a contravention of, or failure to comply with, any specified Community provision referred to in Part I of the Table in the Schedule to these Regulations, the licensed operator of that slaughterhouse shall be guilty of an offence.

(2) Where there is, at premises housing an incinerator or at a rendering plant, a contravention of, or failure to comply with, any specified Community provision referred to in Part II of the Table in the Schedule to these Regulations, the approved operator of that incinerator or plant shall be guilty of an offence.

Section 4 Penalties

A person guilty of an offence under regulation 3 of these Regulations shall be liable on conviction on indictment to a fine, and on summary conviction to a fine not exceeding level 5 on the standard scale.

Section 5 Offences by bodies corporate

(1) Where an offence under regulation 3 of these Regulations committed by a body corporate is proved to have been committed with the consent or approval of any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2) In paragraph (1) above a reference to a body corporate includes a Scottish partnership and a reference to a director includes a partner in a Scottish partnership.