http://www.legislation.gov.uk/id/ssi/2003/586

http://www.legislation.gov.uk/ssi/2003/586/article/10/made

The African Swine Fever (Scotland) Order 2003

Animal health

King's Printer for Scotland

2016-08-26

ANIMALS;ANIMAL HEALTH

This Order, which applies to Scotland, implements Council Directive 2002/60/EC (O.J. No. L 192, 20/07/2002, p.27) revising Community measures for the control of African swine fever. It revokes and replaces the African Swine Fever Order 1980. This Order–requires any person who suspects that a pig or carcase is infected with African swine fever (“the disease”) to notify the Divisional Veterinary Manager for that area (article 4); and restricts the movement of pigs or carcases, and other things, from the premises concerned;requires a veterinary inspector, in any case where he suspects that the disease may exist on a holding, or other premises, to serve a notice imposing certain requirements (article 5);permits a veterinary inspector to serve a further notice imposing restrictions additional to those in article 5 (article 6);where the presence of the disease is confirmed on a holding, requires a veterinary inspector to serve a notice on the occupier of the holding requiring him to ensure that the restrictions and requirements in article 5 and any applicable requirements of article 6 are carried out (article 7);sets out the measures which must be taken where the disease is confirmed in a slaughterhouse, knacker’s yard or other place or on a means of transport (article 8);makes provision for an epidemiological investigation in certain circumstances (articles 5(1)(c), 7(b) and 8(2));sets out the action that should be taken where it is considered that the disease may have been transferred to or from an infected or suspected holding to or from another holding or other premises (article 9);provides for the establishment of temporary control zones imposing restrictions to limit the spread of the disease (article 10);requires the Scottish Ministers to set up an infected area around the location of the outbreak of the disease and provides for this area to be split into a protection zone and a surveillance zone (article 11);sets out requirements for cleansing and disinfection, and for the application of an acaricide, where that is required under the Order (article 12);sets out the measures to be taken where the disease is suspected or confirmed in feral pigs (articles 13 & 14, and Schedule 2);prohibits the use of the African swine fever vaccine except for duly authorised purposes (article 15);gives power to an inspector to take action to ensure that the requirements of this Order are carried out where any person fails to comply with those restrictions and requirements (article 16(2));provides an appeal procedure in relation to a specific licence issued or notice served under this Order (articles 16(4) and (5));gives powers to veterinary inspectors and others (article 17).

Temporary control zones10

1

Following the service of a notice under article 5, the Scottish Ministers may, by declaratory order, establish a zone to be known as a “temporary control zone”.

2

The location and size of the temporary control zone shall be such as the Scottish Ministers consider necessary to prevent the spread of disease.

3

Where a temporary control zone has been established, no person shall–

a

move any pig onto or off a holding, slaughterhouse, knacker’s yard or other place within that zone except in accordance with a licence issued by a veterinary inspector or an inspector acting under the direction of a veterinary inspector;

b

move any cattle, sheep, goat, or other ruminating animal onto or off any holding, slaughterhouse, knacker’s yard or other place within that zone which has pigs in it except in accordance with a licence issued by a veterinary inspector or an inspector acting under the direction of a veterinary inspector; or

c

move any pig into or out of that zone except in accordance with a licence issued by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

4

The restriction in paragraph (3)(c) shall not apply to any pig which is loaded onto a means of transport outside that zone and transported through it by means of an uninterrupted journey without that means of transport being loaded or unloaded.

5

When a temporary control zone has been established in any part of England which adjoins the border with Scotland, the Scottish Ministers may establish a temporary control zone in Scotland, contiguous to that established in England, as the Scottish Ministers consider necessary.

6

That part of any holding, slaughterhouse, knacker’s yard or other place which is within Scotland and which is partly inside and partly outside a temporary control zone shall be deemed to be wholly inside that zone.