8.—(1) The Scottish Ministers may, where they consider appropriate on the basis of epidemiological information or other evidence, implement a preventive eradication programme of the disease.
(2) As part of such a programme, the Scottish Ministers may cause to be slaughtered–
(a)in exercise of their powers under Schedule 3, paragraph 3(1) to the Act, all cattle, sheep, goats, other ruminating animals and swine–
(i)which are affected or suspected of being affected with the disease; or
(ii)which are or have been in the same field, shed, or other place, or in the same herd or flock, or otherwise in contact with animals affected with the disease, or which appear to the Scottish Ministers to have been in any way exposed to the disease;
(b)any other susceptible animals likely to be contaminated with the disease virus; and
(c)if they consider it necessary with a view to preventing the spread of the disease, susceptible animals from epidemiologically linked production units or adjoining premises.
(3) Slaughter shall be carried out in such a way as to minimise the dispersal of disease virus.
(4) Compensation shall be payable for any susceptible animal slaughtered under paragraph (2)(b) or (c) above as if that animal had been slaughtered under the powers conferred by Schedule 3, paragraph 3(1) to the Act.
9.—(1) Subject to regulation 8, where the disease is confirmed on premises, the Scottish Ministers–
(a)shall cause to be slaughtered–
(i)in exercise of their powers under Schedule 3, paragraph 3(1) to the Act, all cattle, sheep, goats, other ruminating animals and swine on the premises–
(aa)which are affected with the disease or suspected of being so affected; or
(bb)which are or have been in the same field, shed, or other place, or in the same herd or flock as, or otherwise in contact with, animals affected with the disease, or which appear to the Scottish Ministers to have been in any way exposed to the disease; and
(ii)all other susceptible animals on the premises; and
(b)may cause to be slaughtered any non-susceptible animals on the premises other than those which the Scottish Ministers consider are capable of being isolated, effectively cleansed and disinfected, and which are individually identifiable so as to allow the control of their movement.
(2) Slaughter shall be carried out in such a way as to minimise the dispersal of disease virus.
(3) Compensation shall be payable for any animal slaughtered under paragraph (1)(a)(ii) or (1)(b) above as if that animal had been slaughtered under the powers conferred by Schedule 3, paragraph 3(1) to the Act.
10.—(1) The Scottish Ministers may, after consulting the Chief Veterinary Officer (Scotland), decide not to slaughter susceptible animals kept in–
(a)a laboratory, zoo, wildlife park or other premises keeping animals principally for the purposes of display or education of the public, or an enclosed area principally used for shooting;
(b)the premises of a body, institute or centre which–
(i)keeps animals only for the purposes of conservation, display and education of the public, or scientific research or breeding of such animals for research; and
[F1(ii)is approved by the Scottish Ministers in relation to those animals in accordance with the Trade in Animals and Related Products (Scotland) Regulations 2012 F2;]
(c)other premises keeping susceptible animals for scientific purposes or purposes related to conservation of species or farm animal genetic resources.
(2) The Scottish Ministers shall not make a decision under paragraph (1) unless they are satisfied that–
(a)basic European Community interests are not endangered (and in particular they shall take into account any threat of the spread of foot-and-mouth disease to other member States); and
(b)the measures in place to prevent any risk of spreading the disease virus are adequate.
(3) If the premises consist of two or more separate production units (by virtue of a declaration under article 12(1) of the Order), the Scottish Ministers may decide not to slaughter susceptible animals on free units of those premises.
Textual Amendments
F1Reg. 10(1)(b)(ii) substituted (31.12.2020) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 15(3); 2020 c. 1, Sch. 5 para. 1(1)
F2 S.S.I. 2012/177, amended by S.S.I. 2012/198, S.S.I. 2012/199, S.S.I. 2014/3158, S.S.I. 2015/100, S.S.I. 2015/401, S.S.I. 2018/391 and S.S.I. 2019/5. The amendments made by S.S.I. 2018/391 come into force on 28 February 2019 and the amendments made by S.S.I. 2019/5 come into force on 7 March 2019.