(1)The Scottish Ministers may make an order containing a code (referred to in this section and section 6D as a “biosecurity code”) which makes provision for the taking of, and in relation to, the measures specified in subsection (2).
(2)Those are measures (“biosecurity measures”) for preventing—
(a)diseases of animals;
(b)the spread of causative agents of diseases of animals—
(i)among animals, birds or amphibians;
(ii)between any of those categories of creature and another of those categories; or
(iii)from any of those categories of creature to humans.
(3)In subsection (2)(b), “causative agent”, in relation to a disease, includes any virus, bacterium and any other organism or infectious substance which may cause or transmit the disease.
(4)A biosecurity code may relate solely to one, or more than one—
(a)kind of creature; or
(b)disease.
(5)A biosecurity code may include guidance as to the best practicable means of taking biosecurity measures.
(6)A biosecurity code may—
(a)prescribe general requirements to which persons to whom the code applies are subject;
(b)prescribe particular requirements to which such persons are, in such circumstances as are specified in the code, subject; and
(c)specify circumstances in which any person is to be regarded for the purposes of this section as complying with, or (as the case may be) not complying with, any requirements prescribed under paragraphs (a) or (b).
(7)A biosecurity code may make different provision for different cases or classes of case.
(8)A biosecurity code applies, to the extent provided for in the code, to any person who owns, keeps or is in charge of any creature of a kind to which the code relates.
(9)A person must, to the extent to which a biosecurity code applies to the person, comply with the code.
(10)A person who is subject to a requirement prescribed under subsection (6)(a) or (b) commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person fails to comply with the requirement.
(11)Before making an order under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate about the proposed biosecurity code.
(12)A statutory instrument containing an order under subsection (1) is not made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
(13)In sub-paragraph (i) of paragraph (b) of subsection (2), the reference to animals means any kind of mammal (except man).
(14)In this section and section 6D(1)(b), “disease” is not restricted by its definition in this Act.]
Textual Amendments
F1S. 6C - S. 6D inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 4, 55(1) (with s. 54); S.S.I. 2006/482, art. 2