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Statutory Instrument 1996 No. 1193

The Bovine Animals (Enforcement of Community Purchase Scheme) Regulations 1996

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS

1996 No. 1193

AGRICULTURE

The Bovine Animals (Enforcement of Community Purchase Scheme) Regulations 1996

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Made30th April 1996
Laid before Parliament30th April 1996
Coming into force1st May 1996

    The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers 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, acting jointly, in exercise of the powers conferred on them by the said section 2(2), hereby make the following Regulations:—
    Title and commencement
        1.    These Regulations may be cited as The Bovine Animals (Enforcement of Community Purchase Scheme) Regulations 1996 and shall come into force on 1st May 1996.
    Interpretation
        2.    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. 2) Order 1996[3];

      "the Commission Regulation" means Commission Regulation (EC) No. 716/96[4], adopting exceptional support measures for the beef market in the United Kingdom;

      "licensed operator" means the owner or occupier of a slaughterhouse licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995[5];

      "the scheme" means the scheme, introduced by the Commission Regulation, for the purchase of bovine animals aged more than 30 months which do not show clinical signs of bovine spongiform encephalopathy and which were, during a period of three months prior to their sale, present on a holding on United Kingdom territory; and

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

    Offences
        3.—(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.
    Penalties
        4.    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.
    Offences by bodies corporate
        5.—(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.



Tony Baldry

Minister of State, Ministry of Agriculture, Fisheries and Food

30th April 1996

Lindsay

Parliamentary Under Secretary of State, Scottish Office

30th April 1996





Notes:

[1] S.I. 1972/1811.

[2] 1972 c. 68.

[3] S.I. 1996/1192.

[4] OJ No. L99, 19.4.96, p.14.

[5] S.I. 1995/539, as amended by S.I. 1995/3189.

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