PART 2Notification, suspicion and investigation of disease

Veterinary inquiry into the existence of disease and declaration of suspect premises and infected premises11.

(1)

The Chief Veterinary Officer (Scotland) shall ensure that the presence or suspicion of infection or contamination is investigated in accordance with this article by a veterinary inspector as soon as is reasonably practicable.

(2)

The Chief Veterinary Officer (Scotland) shall ensure that the presence or absence of disease on every premises within a temporary control zone where susceptible animals are kept or have in the 56 days before the declaration of that zone been kept is investigated in accordance with this article by an officer of the Scottish Ministers as soon as is reasonably practicable.

(3)

The veterinary inspector investigating shall take all steps which the officer considers necessary to determine whether disease exists or has in the 56 days before the commencement of the investigation existed on the premises and the related circumstances.

(4)

Subject to paragraph (5), in taking such steps the veterinary inspector shall ensure that any samples necessary for that determination are taken.

(5)

Sampling shall not be considered necessary on premises which the Chief Veterinary Officer (Scotland) considers to be epidemiologically linked with a primary source for which samples have already been taken.

(6)

The veterinary inspector investigating may mark any animal, carcase or other thing liable to spread disease found on the premises.

(7)

If the veterinary inspector investigating considers it necessary to submit a serological sample for testing to determine whether disease exists or has in the 56 days before the investigation existed on the premises, the veterinary inspector shall declare the premises to be suspect premises.

(8)

The veterinary inspector investigating shall communicate to the Chief Veterinary Officer (Scotland) that inspector’s opinion as to whether disease exists or has in the 56 days before the investigation existed on any premises under inquiry.

(9)

If the veterinary inspector’s opinion is that disease exists or has in the 56 days before the investigation existed on any premises the veterinary inspector investigating shall also communicate to the Chief Veterinary Officer (Scotland) the veterinary inspector’s opinions on at least the following–

(a)

the earliest date disease was present there;

(b)

the origin of the disease;

(c)

any premises which may have been contaminated from the same origin;

(d)

the extent to which animals other than bovine or porcine animals may have been infected or contaminated;

(e)

any premises to or from which disease may have been carried;

(f)

any other premises which the veterinary inspector suspects to be contaminated; and

(g)

whether any premises under inquiry comprise two or more separate production units in accordance with article 12.

and in sub paragraphs (c), (e) and (f) “premises” includes premises outside Scotland.

(10)

The Chief Veterinary Officer (Scotland) shall consider and may confirm every opinion communicated under this article.

(11)

If the Chief Veterinary Officer (Scotland) concludes after consideration of any opinion communicated under this article that one or more of the criteria in Schedule 3 are satisfied in respect of any premises, the Chief Veterinary Officer (Scotland) shall advise the Scottish Ministers of that conclusion and the Scottish Ministers shall confirm the existence of the disease and declare those premises to be infected premises.

(12)

A declaration under paragraph (7) or (11) of this article shall be by notice served on the occupier.

(13)

Any infected premises is an infected place for the purposes of the Act.