Scottish Statutory Instruments

2001 No. 45

ANIMALS

ANIMAL HEALTH

The Diseases of Animals (Approved Disinfectants) Amendment (Scotland) Order 2001

Made

21st February 2001

Coming into force in accordance with article 1(1)

The Scottish Ministers, in exercise of the powers conferred by sections 1, 7(1) and (2) and 23(f) and (g) of the Animal Health Act 1981(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Diseases of Animals (Approved Disinfectants) Amendment (Scotland) Order 2001 and shall come into force on the day after the day on which it is made.

(2) This Order extends to Scotland only.

Amendments to the Diseases of Animals (Approved Disinfectants) Order 1978

2.—(1) The Diseases of Animals (Approved Disinfectants) Order 1978(2) (“the 1978 Order”) shall be amended as follows.

(2) For the word “Minister” in each place it occurs, there shall be substituted the words “Scottish Ministers” and references to “he”, “him” and “his” in relation to the Minister shall be construed as references to “they”, “them” and “their” respectively.

(3) In article 2(1) (interpretation), the definition of “the Minister”(3) shall be omitted.

(4) In article 3 (special disease and general orders)–

(a)in paragraphs (2) and (4), the words “or Schedule 2” shall in each case be omitted; and

(b)in paragraph (3), for the words “Minister of Agriculture, Fisheries and Food or by the Secretary of State or by the said Minister and the Secretary of State acting jointly”, there shall be substituted the words “Scottish Ministers”.

(5) In article 4 (approved disinfectants), for the words “either Schedule 1 or Schedule 2”, there shall be substituted the words “Schedule 1”.

(6) In article 5(3) (disinfectants listed in Schedule 1), the words “, unless it is then added to the disinfectants listed in column 1 of Schedule 2” shall be omitted.

(7) Article 6 (disinfectants listed in Schedule 2) shall be omitted.

(8) In Schedule 1 (approved disinfectants)(4)–

(a)the entries listed in Part I of the Schedule to this Order shall be omitted;

(b)there shall be substituted, for the entries corresponding thereto, the entries listed in Part II of the Schedule to this Order; and

(c)the entry listed in Part III of the Schedule to this Order shall be added.

(9) Schedule 2 (approved disinfectants subject to transitional provisions) shall be omitted.

Revocations

3.—(1) The Diseases of Animals (Approved Disinfectants) (Amendment) Order 1978(5) is hereby revoked.

(2) Article 2(b) and (c) of the Diseases of Animals (Approved Disinfectants) (Amendment) Order 1999(6) is revoked.

SARAH BOYACK

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

21st February 2001

Article 2(8)

SCHEDULE

PART IENTRIES TO BE DELETED FROM SCHEDULE 1 TO THE 1978 ORDER

Genie 11;
Genus Universal Disinfectant;
Killgerm Px-Parvo 11;
TriGene 11;
ZAL Universal

PART IIENTRIES TO BE SUBSTITUTED FOR CORRESPONDING ENTRIES IN SCHEDULE 1 TO THE 1978 ORDER

Disinfectant	Orders in respect of which use is approved; and dilution rates
	Foot-and-Mouth Disease Orders	Swine Vesicular Disease Orders	Diseases of Poultry Order	Tuberculosis Orders	General Orders
Arrow Vibac	100	—	40	6	17
Hycolin	—	—	40	—	28
Kleencare DS 680	30	400	90	—	19
Vibacide	100	—	40	6	17

PART IIIENTRY TO BE ADDED TO SCHEDULE 1 TO THE 1978 ORDER

Disinfectant	Orders in respect of which use is approved; and dilution rates
	Foot-and-Mouth Disease Orders	Swine Vesicular Disease Orders	Diseases of Poultry Order	Tuberculosis Orders	General Orders
Genus Universal (new formulation)	550	600	125	30	180

Explanatory Note

(This note is not part of the Order)

This Order, which extends to Scotland only, amends the Diseases of Animals (Approved Disinfectants) Order 1978 (“the 1978 Order”).

This Order–

(a)amends Schedule 1 to the 1978 Order by deleting the entries for a number of disinfectants from Schedule 1 to that Order, by substituting replacement entries in that Schedule for other disinfectants and by adding an entry for one other approved disinfectant to that Schedule (article 2(8) and the Schedule to this Order); and

(b)deletes Schedule 2 because there are no disinfectants approved on a transitional basis, the previous transitional period having expired (article 2(4)(a) and (5) to (7) and (9)).

The Order also makes minor amendments consequential upon devolution and consequential revocations (article 2(2), (3) and (4)(b) and article 3).

The measures in this Order are measures to which Directive 98/34/EC applies and notification has been given to the European Commission in accordance with article 9.7 of that Directive.

(1)

1981 c. 22. See section 86 for the definition of “the Ministers”. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1978/32; relevant amending instruments are S.I. 1978/934 and 1999/919.

(3)

The definition of "the Minister" was substituted by S.I. 1978/934.

(4)

Schedule 1 was last substituted by S.I. 1999/919.

(5)

S.I. 1978/934.

(6)

S.I. 1999/919