The Tuberculosis (Scotland) Order 2007

Scottish Statutory Instruments

2007 No. 147

ANIMALS

ANIMAL HEALTH

The Tuberculosis (Scotland) Order 2007

Made

1st March 2007

Laid before the Scottish Parliament

5th March 2007

Coming into force

6th April 2007

The Scottish Ministers in exercise of the powers conferred by sections 1, 7(1), 8(1), 15(4), 25, 32(2) and (3), 34(7), 83(2), 87(2) and 88(2) of the Animal Health Act 1981 M1 , and of all other powers enabling them in that behalf, hereby make the following Order:

Marginal Citations

M1 1981 c. 22. The functions of the Secretary of State in so far as within devolved competence were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). See section 86 of the Animal Health Act 1981 for the exercise of functions in relation to tuberculosis. The requirement to obtain Treasury consent in section 32(3) of the Animal Health Act 1981 was removed by section 55 of the Scotland Act 1998.

PART 1 S Introductory provisions

Citation, commencement and extent S

1.—(1) This Order may be cited as the Tuberculosis (Scotland) Order 2007 and shall come into force on 6th April 2007.

(2) This Order extends to Scotland only.

Interpretation S

2.—(1) In this Order, unless the context otherwise requires–

“the Act” means the Animal Health Act 1981;

“affected animal” means a bovine animal which is affected with tuberculosis of the udder or is giving tuberculous milk or is affected with tuberculous emaciation or is excreting or discharging tuberculous material or is affected with a chronic cough or shows any other clinical signs of tuberculosis, and includes a reactor;

“approved disinfectant” means a disinfectant listed in the Diseases of Animals (Approved Disinfectants) Order 1978 M2 as being approved for the time being for use against tuberculosis;

[F1 “approved veterinary surgeon” means a veterinary surgeon who is approved in accordance with article 2A;]

[F2 “authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about animals or carcases affected or suspected of being affected with specified diseases;]

“bovine animal” means domestic cattle of the genus Bos, Bubalus bubalis or Bison bison;

[F3 “cross-border holding” means premises which are partly situated in Scotland and partly situated in England;]

F4 ...

[F5 “high incidence area” means an area in Great Britain where bovine animals are [F6 subject to routine tuberculin testing at intervals of no more than 2 years];]

[F3 “low incidence area” means an area in England or Wales where bovine animals are [F7 subject to routine tuberculin testing on a 3 or 4 yearly basis];]

“market value” means–

(a)

in the case of a bovine animal born before 1st August 1996, the higher of–

(i)

the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal was not an affected animal; or

(ii)

the purchase price which would have applied had the animal been slaughtered in accordance with Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom, as amended M3 ; and

(b)

in the case of a bovine animal born on or after 1st August 1996, the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal was not an affected animal;

“milk” includes cream and separated or skimmed milk;

“premises” includes land, with or without buildings;

“reactor” means a bovine animal that produces a reaction consistent with its being affected with tuberculosis when tested for that disease;

“suspected animal” means a bovine animal that is suspected of being affected with tuberculosis;

“tuberculosis” means infection with Mycobacterium bovis (M.bovis); and

“veterinary surgeon” means a veterinary surgeon or veterinary practitioner registered under the Veterinary Surgeons Act 1966 M4 .

(2) A reference in this Order to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15(1) of the Electronic Communications Act 2000 M5 which has been recorded and is consequently capable of being reproduced.

Textual Amendments

F1 Words in art. 2 inserted (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(2)

F2 Words in art. 2(1) inserted (28.6.2013) by The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 (S.S.I. 2013/173), arts. 1(1), 22(2)(b)

F3 Words in art. 2 inserted (28.2.2010) by The Tuberculosis (Scotland) Amendment Order 2009 (S.S.I. 2009/445), arts. 1, 2(2)

F4 Words in art. 2(1) omitted (28.6.2013) by virtue of The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 (S.S.I. 2013/173), arts. 1(1), 22(2)(a)

F5 Words in art. 2(1) substituted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(2)

F6 Words in art. 2(1) substituted (31.12.2020) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 20(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in art. 2(1) substituted (31.12.2020) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 20(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M2 S.I. 1978/32; relevant amending instruments are S.I. 1978/934, S.S.I. 2001/45, S.S.I. 2003/334 and S.S.I. 2006/352. .

M3 O.J. No. L 99, 20.4.96, p.14; relevant amending instrument is Commission Regulation (EC) No. 2109/2005 (O.J. No. L 337, 22.12.2005, p.25).

M4 1966, c. 36; amended by S.I. 1988/526, S.I. 1991/1412 and S.I. 2002/1479.

M5 2000 c. 7; amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).

[F8 Approval of veterinary surgeons S

2A.— (1) The Scottish Ministers may approve any veterinary surgeon whom they consider competent to apply and read diagnostic tests for tuberculosis.

(2) For the purpose of deciding whether to grant an approval under this article, the Scottish Ministers may require a veterinary surgeon to complete such training as they consider necessary.

(3) The Scottish Ministers may by notice given to the veterinary surgeon revoke an approval granted under this article, giving reasons for the revocation.]

Textual Amendments

F8 Art. 2A inserted (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(3)

Extension of definition of “disease” and power to slaughter on account of tuberculosis S

3.  For the purposes of the Act, the definition of “disease” in section 88(1) of the Act is hereby extended to include tuberculosis and section 32 of the Act (power to slaughter animals) shall apply to that disease.

PART 2 S Notification

Notification of disease in bovine animals S

4.—(1) A person who has possession of or is in charge of an affected animal (other than a reactor) or a suspected animal shall immediately–

(a) notify [F9 an authorised veterinary inspector] of that fact;

(b) pending conclusion of the veterinary inquiry under article 6 and the service of any notice under that article–

(i) detain the animal on the premises where it then is;

(ii) isolate the animal as far as reasonably practicable from other bovine animals; and

(iii) adopt precautions with respect to milk produced by the animal as if a notice under article 6 had already been served.

(2) A veterinary surgeon who examines an affected animal (other than a reactor) or a suspected animal in the course of practice as a veterinary surgeon shall immediately notify [F10 an authorised veterinary inspector] of that fact.

Textual Amendments

F9 Words in art. 4(1)(a) substituted (28.6.2013) by The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 (S.S.I. 2013/173), arts. 1(1), 22(3)

F10 Words in art. 4(2) substituted (28.6.2013) by The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 (S.S.I. 2013/173), arts. 1(1), 22(3)

Notification of disease in carcases S

5.—(1) A person who–

(a) has possession of or is in charge of a carcase which is affected with or suspected of being affected with tuberculosis;

(b) in the course of that person's practice as a veterinary surgeon, examines such a carcase; or

(c) in the course of carrying out duties under the Food Hygiene (Scotland) Regulations 2006 M6 or when inspecting meat for any other purpose, inspects such a carcase,

shall immediately give notice of that fact to [F11 an authorised veterinary inspector].

(2) A person who has possession of or is in charge of a carcase to which paragraph (1) applies shall detain it, or so much of it as is affected with or suspected of being affected with tuberculosis, on the premises where it then is until it has been examined by a veterinary inspector.

(3) In this article “carcase” means the carcase of a bovine animal or other farmed or pet mammal.

Textual Amendments

F11 Words in art. 5(1) substituted (28.6.2013) by The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 (S.S.I. 2013/173), arts. 1(1), 22(3)

Marginal Citations

M6 S.S.I. 2006/3; amended by S.S.I. 2007/11.

Veterinary inquiry S

6.—(1) Where on receipt of information provided under articles 4 or 5 or otherwise, a veterinary inspector has reason to believe that there is on any premises an affected animal (other than a reactor), a suspected animal or a carcase which is affected with or suspected of being affected with tuberculosis, the inspector shall, as soon as reasonably practicable, take such steps as may be necessary to establish whether the animal or carcase is affected or suspected of being affected with tuberculosis.

(2) [F12 A veterinary inspector who is of the opinion that a bovine animal] is an affected animal or a suspected animal shall serve a notice on the keeper of the animal requiring that person to–

(a) detain the animal on the premises where it then is in accordance with the requirements of the notice and keep it isolated from other bovine animals;

(b) where appropriate take steps to ensure that milk produced by the animal is not mixed with other milk and is boiled or otherwise sterilised and that any utensil with which the animal's milk has been in contact before being sterilised shall be thoroughly cleansed and scalded with steam or boiling water before being used again; and

(c) ensure that no bovine animal is moved on to or off the premises or such part of the premises as is specified in the notice except under the authority of a licence issued by a veterinary inspector.

[F13 (3) A notice served under this article shall remain in force until the notice is withdrawn by a further notice served by a veterinary inspector.]

Textual Amendments

F12 Words in art. 6(2) substituted (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(4)(a)

F13 Art. 6(3) substituted (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(4)(b)

PART 3 S Testing of bovine animals

Meaning of premises S

7.  For the purposes of articles 8 and 9, premises does not include any assembly centre, collection centre, agricultural show, market or slaughterhouse.

Pre movement testing S

8.—(1) The keeper of any bovine animal on any premises in a high incidence area in Scotland shall not allow that animal to be moved from the premises unless a diagnostic test for tuberculosis has been applied to it no more than 60 days before the date of its movement from the premises.

(2) The occupier of any premises in Scotland shall not allow to enter those premises any bovine animal from premises in a high incidence area unless that animal has had applied to it a diagnostic test for tuberculosis no more than 60 days before the date of its movement from the premises.

(3) Where a bovine animal on any premises in Scotland which has been moved from any premises in a high incidence area has not had applied to it a diagnostic test for tuberculosis no more than 60 days before the date of its movement from the premises in the high incidence area, the keeper of the animal shall–

(a) ensure that test is applied to the animal as soon as reasonably practicable after it is known to that person that a test was not applied before the animal was moved from the high incidence area; and

(b) where the result of the test carried out under paragraph (a) is read by and to the satisfaction of [F14 an approved veterinary surgeon], ensure that a second test is applied to the animal no fewer than 60 days and no more than 120 days from the date of application of the first test.

[F15 (4) The occupier of any premises in Scotland shall not allow to enter those premises any bovine animal from premises in a low incidence area unless that animal has had applied to it, in the low incidence area, a diagnostic test for tuberculosis no more than 60 days before the date of its movement from the premises in a low incidence area.

(5) Paragraph (4) shall not apply to any bovine animal which was born and kept at all times on premises in a low incidence area.

(6) For the purposes of paragraph (5), a bovine animal which was born and kept at all times on premises in a low incidence area includes a bovine animal which has been moved from premises in a low incidence area to an agricultural show or a market in a high incidence area.

(7) Where a bovine animal on any premises in Scotland which has been moved from any premises in a low incidence area has not had applied to it a diagnostic test for tuberculosis, in the low incidence area, no more than 60 days before the date of its movement from the premises in the low incidence area, the keeper of the animal shall ensure that test is applied to the animal as soon as reasonably practicable after it is known to that person that a test was not applied before the animal was moved from the low incidence area.

(8) This article shall not apply to any bovine animal under 42 days of age at the time it is moved to Scotland.]

Textual Amendments

F14 Words in art. 8(3)(b) substituted (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(5)

F15 Art. 8(4)-(8) substituted for art. 8(4) (28.2.2010) by The Tuberculosis (Scotland) Amendment Order 2009 (S.S.I. 2009/445), arts. 1, 2(3)

[F16 Post movement testing S

9.— (1) Where a bovine animal has been moved to premises in Scotland (in this article “the receiving premises”) from premises in a high incidence area, the keeper of the bovine animal must ensure that a diagnostic test for tuberculosis is applied to it no fewer than 60 days and no more than 120 days after the date on which it first arrives at the receiving premises.

(2) Unless paragraph (3) applies, the keeper of a bovine animal must not allow the animal to be moved from the receiving premises unless a diagnostic test has been applied to it in accordance with paragraph (1) and the results of the test of the animal as read by an inspector or an approved veterinary surgeon are negative for tuberculosis.

(3) This paragraph applies where the bovine animal is moved—

(a) directly to slaughter within 120 days of the animal’s first arrival at the receiving premises,

(b) solely for the purpose of veterinary treatment, provided that after the treatment the animal is returned directly to the receiving premises or is killed or goes directly to slaughter, or

(c) under the authority of a movement licence issued by a veterinary inspector.]

Textual Amendments

F16 Art. 9 substituted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(3)

[F17 Cross-border holdings S

9A.   Articles 8 and 9 do not apply to movements of animals within a cross-border holding where the movement is from that part of the holding situated in England to that part of the holding situated in Scotland or vice versa.]

Textual Amendments

F17 Art. 9A inserted (28.2.2010) by The Tuberculosis (Scotland) Amendment Order 2009 (S.S.I. 2009/445), arts. 1, 2(4)

Application of test S

10.—(1) Subject to paragraph (2), the keeper of any bovine animal to which a test must be applied in accordance with article [F18 8(1), (3), (4) or (7)] or [F19 article 9(1)] shall arrange for [F20 an approved veterinary surgeon] to apply the test and shall meet the expense of its application.

(2) Paragraph (1) shall not apply where any bovine animal has had applied to it within the relevant periods a diagnostic test for tuberculosis for purposes other than those of articles 8 and 9.

Textual Amendments

F18 Words in art. 10 substituted (28.2.2010) by The Tuberculosis (Scotland) Amendment Order 2009 (S.S.I. 2009/445), arts. 1, 2(5)

F19 Words in art. 10(1) substituted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(4)

F20 Words in art. 10(1) substituted (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(6)

Restriction on movement after application of test S

[F21 11.   Unless under the authority of a licence issued by a veterinary inspector, no person shall move a bovine animal from the premises on which it is kept where—

(a) a diagnostic test for tuberculosis has been applied; and

(b) the results of the test have not yet been read.]

Textual Amendments

F21 Arts. 11, 11A substituted for art. 11 (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(7)

[F21 Restriction on movement etc. on positive or inconclusive test results S

11A.— (1) Paragraph (2) applies where—

(a) a diagnostic test for tuberculosis has been applied to a bovine animal;

(b) the results of that test have been read by an inspector or an approved veterinary surgeon;

(c) the inspector or, as the case may be, approved veterinary surgeon is satisfied that the test results reveal that the bovine animal is either a reactor, or an inconclusive reactor; and

(d) the keeper is informed of the test results by a person who has received consent to test under article 26(a).

(2) Where this paragraph applies the keeper must ensure that—

(a) the movement of bovine animals is restricted to the extent that no such animal may be moved on or off the premises on which it is kept at the point when this paragraph applies, except under the authority of a licence issued by a veterinary inspector;

(b) every reactor and inconclusive reactor is isolated from other animals on the premises;

(c) no milk from a reactor is placed in a bulk milk tank; and

(d) where the reactor is kept on premises with a dairy herd of bovine animals, any commercial buyer of the milk from the herd in which the reactor was found is informed [F22 that the herd is subject to a movement restriction under this article as no longer considered to be free from tuberculosis (by reason of the circumstances described in paragraph (1))].

(3) Any restriction or requirement imposed by paragraph (2)(a) or (b) remains in force until a veterinary inspector serves a notice amending or withdrawing that restriction or requirement.

(4) Any restriction or requirement imposed by paragraph 2(c) or (d) remains in force until a veterinary inspector serves a notice withdrawing that restriction or requirement.

(5) In this article—

“inconclusive reactor” means a bovine animal whose test results from a first diagnostic test for tuberculosis are not negative, but whose results are not deemed to be positive; and

F23 ... ]

Textual Amendments

F21 Arts. 11, 11A substituted for art. 11 (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(7)

F22 Words in art. 11A(2)(d) substituted (31.12.2020) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 20(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in art. 11A(5) omitted (31.12.2020) by virtue of The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 20(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Reporting test results S

12.  Any person who has [F24 diagnostically tested a bovine animal for tuberculosis] shall report the result of that test, as soon as reasonably practicable, to the Scottish Ministers.

Textual Amendments

F24 Words in art. 12 substituted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(5)

Obstruction S

13.  No person shall interfere with or obstruct the application of or the reading of a diagnostic test for tuberculosis applied under this Order.

PART 4 S Prevention of spread of infection

Precautions against spread of infection S

14.—(1) Where the Scottish Ministers are satisfied that any bovine animal kept on any premises is an affected animal a veterinary inspector may, by notice in writing served on the keeper of any such animal, require that person–

(a) to take such steps as may be reasonably practicable to prevent any bovine animal kept on the premises from infecting any bovine animal kept on any adjoining premises;

(b) to arrange for the isolation of any bovine animal which may be specified in the notice on any part of the premises so specified;

(c) to ensure that any part of the premises specified in the notice shall not be used by any bovine animal on the premises, or by such animal as may be so specified;

(d) at that person's expense and within such time and in such manner as may be specified in the notice, to cleanse and disinfect with an approved disinfectant such part or parts of the premises as may be so specified;

(e) not to treat and store manure or slurry from any place which has been used by any such animal otherwise than in accordance with the requirements of the notice;

(f) not to spread any manure or to spray or spread any slurry from any place which has been used by any such animal otherwise than in accordance with the requirements of the notice; and

(g) to cleanse and wash all utensils and other articles used for or about an animal to which the notice relates within such time and in such manner as may be specified in the notice.

(2) Where a veterinary inspector reasonably believes that any bovine animal which is on, or which has been on any premises that are used for any show, exhibition, market, sale or fair, is an affected animal or has been exposed to the infection of tuberculosis, such veterinary inspector may, by notice in writing served on the occupier of such premises, require the occupier–

(a) to ensure that any part or parts of the premises specified in the notice shall not be used by any other bovine animal for such period as may be specified in the notice; and

(b) at the occupier's own expense, and within such time and in such manner as may be specified in the notice–

(i) to cleanse and disinfect with an approved disinfectant such part or parts of the premises as may be specified in the notice; and

(ii) to dispose of any manure, slurry or other animal waste, straw, litter or other matter that has or might have come into contact with such animal.

(3) If any person on whom a notice is served under this article fails to comply with the requirements of the notice, the Scottish Ministers may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and any expenses reasonably incurred by them for the purpose of making good the default shall be recoverable from the person in default.

Suspected bovine animals in shows, exhibitions etc S

15.—(1) Where a veterinary inspector reasonably believes that a bovine animal on any premises at which a show, exhibition, market, sale or fair is being held, is affected with or has been exposed to the infection of tuberculosis, the inspector may, by notice in writing served on the keeper of the animal, require that animal to be removed from those premises, and, as the keeper of the animal may elect, taken either–

(a) to a slaughterhouse for immediate slaughter; or

(b) back to the premises from which the animal was brought to the show, exhibition, market, sale or fair; or

(c) to such other premises as may be approved by the inspector for the purpose.

(2) A bovine animal shall only be moved in accordance with the provisions of paragraphs (1)(b) or (c) on condition that it is immediately put into isolation for a period to be terminated by a notice in writing served on the keeper of the animal by a veterinary inspector.

Control of infection from other animals S

16.—(1) Where a veterinary inspector reasonably believes that an animal kept on any premises is or may be affected with tuberculosis that inspector may by notice in writing served on the occupier of the premises–

(a) require the occupier to keep the animal under control in such manner as may be specified in the notice or to confine it to such part of the premises as may be specified; or

(b) prohibit the movement of any animal on to or off the premises or any part of such premises except under the authority of a licence issued by an inspector.

(2) In this article, “animal” means any kind of mammal except man.

PART 5 S Slaughter and compensation

Notification of intended slaughter of bovine animals S

17.—(1) Where the Scottish Ministers intend to cause a bovine animal to be slaughtered under section 32 of the Act in its application to tuberculosis, a veterinary inspector may serve a notice on the keeper of the animal informing that person of the intended slaughter and requiring that person to detain the animal pending such slaughter (or pending its surrender and removal for such slaughter) on such part of the premises as is specified in the notice and to isolate it as far as reasonably practicable from such other animals as are so specified.

(2) The person on whom such a notice has been served–

(a) shall comply with the notice; and

(b) shall not move the animal, or cause or permit it to be moved, off that part of the premises on which it is required to be detained, except under the authority of a licence issued by a veterinary inspector.

[F25 Compensation – general provision S

18.— (1) Where the Scottish Ministers cause a bovine animal to be slaughtered under section 32 of the Act in its application to tuberculosis, they must pay compensation in accordance with this article and articles 19 to 19C.

(2) Subject to articles 19A to 19C, where the animal has been identified by means of ear tags and a cattle passport in accordance with the requirements of the Cattle Identification (Scotland) Regulations 2007, the compensation payable is the market value of the animal ascertained in accordance with article 19.

(3) Where the animal has not been identified by means of ear tags and a cattle passport in accordance with the requirements of the Cattle Identification (Scotland) Regulations 2007, the amount of compensation payable is £1.

(4) Where paragraph (3) applies, the Scottish Ministers must notify the keeper of the decision to pay compensation of £1—

(a) giving the reasons for the decision, and

(b) explaining that the keeper has the right to make written representations to a person appointed by the Scottish Ministers in accordance with article 19D.]

Textual Amendments

F25 Art. 18 substituted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(6)

Ascertainment of market value S

19.—(1)  [F26 Subject to articles 19A to 19C, and notwithstanding] the provisions of article 4 of the Diseases of Animals (Ascertainment of Compensation) Order 1959 M7 the market value of a bovine animal shall, for the purposes of payment of compensation under [F27 article 18, 19A or 19C], be determined–

(a) by agreement between the Scottish Ministers and the owner of the animal;

(b) by agreement between two valuers, one appointed by the Scottish Ministers and the other by the owner;

(c) by one valuer, appointed jointly by the Scottish Ministers and the owner; or

(d) failing agreement or appointment, by a valuer nominated by the President of the Institute of Auctioneers and Appraisers in Scotland.

(2) The valuer or valuers shall give to the Scottish Ministers and the owner of the animal, a certificate in writing of the value of the animal.

(3) Any valuer appointed or nominated under paragraph (1) shall be paid by the Scottish Ministers.

(4) Only individuals acting alone may be appointed or nominated for the purposes of this article.

Textual Amendments

F26 Words in art. 19(1) substituted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(7)(a)

F27 Words in art. 19(1) substituted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(7)(b)

Marginal Citations

M7 S.I. 1959/1335.

[F28 Compensation for reactor animals S

19A.— (1) Subject to article 19C, this article applies where a bovine animal which has been caused to be slaughtered under section 32 of the Act is a reactor and the market value of that bovine animal ascertained in accordance with article 19 exceeds—

(a) £5,000 in the case of a bovine animal other than a pedigree bovine animal, or

(b) £7,500 in the case of a pedigree bovine animal.

(2) Where this article applies, the compensation payable is the sum mentioned in paragraph (1)(a) or (b), whichever is applicable.

(3) For the purposes of this article—

“2016 Regulation” means Regulation (EU) 2016/1012 of the European Parliament and of the Council on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding,

“breeding book” has the same meaning as point 12(a) of Article 2 of the 2016 Regulation and “main section of a breeding book” is to be construed in accordance with point 13 of Article 2 of that Regulation,

“breeders’ organisation or association” means a breeders’ organization or association granted recognition under and in accordance with the first sub-paragraph of Article 2 of Commission Decision 84/247/EEC laying down the criteria for recognition of breeder’s organizations and associations which maintain or establish herd-books for pure-bred breeding animals of the bovine species,

“breed society” means a breed society recognised under and in accordance with Article 4(3) of the 2016 Regulation,

“main section of a herd-book” is to be construed in accordance with Article 1 of Commission Decision 84/419/EEC laying down the criteria for entering cattle in herd-books,

“official certificate” means—

(a)

a pedigree certificate issued under and in accordance with Article 1 of Commission Decision 2005/379/EC on pedigree certificates and particulars for pure-bred breeding animals of the bovine species, their semen, ova and embryos, or

(b)

a zootechnical certificate issued under and in accordance with Article 30(1) of the 2016 Regulation,

“pedigree bovine animal” means a bovine animal—

(a)

which, before the relevant date has been entered into—

(i)

the main section of a herd-book by a breeders’ organisation or association, or

(ii)

the main section of a breeding book by a breed society, and

(b)

for which an official certificate has been—

(i)

issued by that breeders’ organisation or association or by that breed society before the relevant date, and

(ii)

presented to the Scottish Ministers, or to a valuer appointed by the Scottish Ministers, for the purposes of article 19, and

“relevant date” means, where a diagnostic test for tuberculosis applied to the animal under these Regulations reveals that the animals is a reactor, the date of that test.

Textual Amendments

F28 Arts. 19A-19D inserted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(8)

Compensation for animals subject to movement restrictions S

19B.— (1) This article applies where—

(a) a bovine animal is moved on to premises in breach of a relevant movement restriction or prohibition,

(b) a diagnostic test for tuberculosis has been applied to the animal and the test results reveal that the animal is a reactor,

(c) the keeper is informed of the test results by a person who has received consent to test under article 26(a), and

(d) the Scottish Ministers have caused the animal to be slaughtered under section 32 of the Act.

(2) Where this article applies, the amount of compensation payable for a slaughtered animal is £1.

(4) Where this article applies, the Scottish Ministers must notify the keeper of the decision to pay compensation of £1—

(a) giving the reasons for the decision, and

(b) explaining that the keeper has the right to make written representations to a person appointed by the Scottish Ministers in accordance with article 19D.

(5) In paragraph (1)(a), “a relevant movement restriction or prohibition” means a movement restriction or prohibition applicable in respect of premises by virtue of—

(a) article 6(2)(c),

(b) article 11A(2)(a),

(c) article 22(1)(b),

(d) article 24.

Textual Amendments

F28 Arts. 19A-19D inserted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(8)

Reduced compensation for testing delays S

19C.— (1) This article applies where—

(a) the keeper of an animal has been served with a test notice under article 21(1),

(b) the keeper has failed to carry out a diagnostic test for tuberculosis by the latest date specified in the notice (“the specified date”),

(c) a diagnostic test for tuberculosis has been applied to the animal after the specified date and the test results reveal that the animal is a reactor,

(d) the keeper is informed of the test results by a person who has received consent to test under article 26(a),

(e) the Scottish Ministers have caused the animal to be slaughtered under section 32 of the Act, and

(f) the market value of the animal has been ascertained in accordance with article 19.

(2) Where this article applies, the compensation payable to the keeper for a slaughtered animal is—

(a) where the interval between the specified date and the date of the test is more than 60 days but not more than 90 days, 50% of the market value of the animal as ascertained in accordance with article 19, or

(b) where the interval between the specified date and the date of the test is more than 90 days, 5% of the market value of the animal as ascertained in accordance with article 19.

(3) Where this article applies, the Scottish Ministers must notify the keeper of the decision to reduce compensation—

(a) giving the reasons for the decision, and

(b) explaining that the keeper has the right to make written representations to a person appointed by the Scottish Ministers in accordance with article 19D.

Textual Amendments

F28 Arts. 19A-19D inserted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(8)

Review of decision to pay reduced compensation etc. S

19D.— (1) Within a period of 21 days beginning with the date of receipt of a notification under article 18(4), 19B(4) or 19C(3), the keeper may make written representations to a person appointed by the Scottish Ministers for the purpose of having the decision to reduce the compensation payable to the keeper reviewed by that person (“the appointed person”).

(2) The appointed person must consider those representations together with any written representations made by the Scottish Ministers.

(3) Having considered representations in accordance with paragraph (2), the appointed person must then report in writing to the Scottish Ministers who must then make their final determination in relation to the amount of compensation payable in respect of the animal which has been caused to be slaughtered under section 32 of the Act.

(4) The Scottish Ministers must notify the keeper of their final determination under paragraph (3) and the reasons for it.]

Textual Amendments

F28 Arts. 19A-19D inserted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(8)

PART 6 S Administration and enforcement

Notices, licences etc S

20.—(1) Any notice, licence [F29 , consent] or approval issued or given under this Order–

(a) shall be in writing;

(b) may be made subject to conditions; and

(c) may be amended, suspended or revoked in writing at any time.

(2) Where a bovine animal is moved under the authority of a licence issued under this Order–

(a) the animal shall be accompanied throughout such movement by the licence; and

(b) the person in charge of the animal being moved shall, on demand made under this Order by [F30 an] inspector–

(i) provide that person's name and address;

(ii) produce the licence; and

(iii) allow a copy of the licence to be taken.

Textual Amendments

F29 Word in art. 20(1) inserted (28.11.2022) by The Tuberculosis (Scotland) Amendment Order 2022 (S.S.I. 2022/334), arts. 1, 2(2)

F30 Word in art. 20(2)(b) substituted (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(8)

[F31 Tuberculosis testing and facilitating examinations etc. S

21.— (1) The Scottish Ministers may serve on the keeper of any bovine animal a notice (“a test notice”) requiring the keeper to have applied to the animal a diagnostic test for tuberculosis before a date specified in the notice.

(2) The keeper of any bovine animal must comply with all reasonable requirements of an inspector or an approved veterinary surgeon with a view to facilitating—

(a) the examination of that animal by a veterinary inspector or an approved veterinary surgeon,

(b) the application to the animal of a diagnostic test for tuberculosis (following the service of a notice under paragraph (1)), and

(c) the valuation or slaughter of the animal when the Scottish Ministers intend to cause it to be slaughtered under section 32 of the Act in its application to tuberculosis.

(3) For the purposes of facilitating any examination, testing, valuation or slaughter as mentioned in paragraph (2), an inspector or an approved veterinary surgeon may require the keeper of the bovine animal to arrange—

(a) for the collection, penning and securing of the animal, and

(b) for the movement of the animal to and from any premises specified by the inspector or, as the case may be, the approved veterinary surgeon.]

Textual Amendments

F31 Art. 21 substituted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(9)

[F32 Default S

22.— (1) If any person fails to comply with a test notice under article 21(1) or any requirement as mentioned in article 21(2) or (3), the Scottish Ministers—

(a) may take or cause to be taken all such steps as may be necessary to facilitate the examination, testing, valuation or slaughter of the bovine animal including, subject to paragraph (3), the movement of the animal to other premises, and

(b) may by notice served on the keeper of the bovine animal prohibit the movement of any bovine animal on to or off the premises, except under the authority of a licence issued by an inspector.

(2) Paragraph (1) is without prejudice to any proceedings for an offence arising out of any failure to comply as mentioned in that paragraph.

(3) Where a bovine animal has been moved to other premises in accordance with sub-paragraph (1)(a), the Scottish Ministers must ensure the return of the animal to the premises from which it was moved within a reasonable time after the examination, testing or valuation has been carried out.

(4) Any expenses reasonably incurred by the Scottish Ministers for the purposes of making good any default are recoverable from the person in default.]

Textual Amendments

F32 Art. 22 substituted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(10)

Marking of bovine animals S

23.—(1) If so required in writing by a veterinary inspector [F33 or an approved veterinary surgeon], the keeper of bovine animals kept on any premises shall mark such animals in the manner required by the veterinary inspector [F34 or, as the case may be, the approved veterinary surgeon].

(2) That veterinary inspector [F35 or, as the case may be, approved veterinary surgeon] may paint, stamp, clip, tag or otherwise mark bovine animals kept on any premises.

(3) No person shall without reasonable excuse alter, remove, obliterate, or deface any mark or identification applied in accordance with paragraphs (1) and (2).

Textual Amendments

F33 Words in art. 23(1) inserted (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(11)(a)(i)

F34 Words in art. 23(1) inserted (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(11)(a)(ii)

F35 Words in art. 23(2) inserted (6.4.2014) by The Tuberculosis (Scotland) Amendment Order 2014 (S.S.I. 2014/71), arts. 1, 2(11)(b)

Prohibition on movement of bovine animals S

24.  A veterinary inspector may by notice in writing served on the keeper of bovine animals kept on such premises as are specified in the notice, prohibit the movement of bovine animals on to or off such premises or any part of such premises, except under the authority of a licence issued by an inspector.

Prohibition on removal of manure, slurry etc. S

25.  Where a notice has been served under the provisions of article 24, no manure, slurry or other animal waste shall be removed from such premises except under the authority of a licence issued by an inspector.

Prohibition on testing, vaccination and therapeutic treatment S

26.  No person shall–

[F36 (a) apply a diagnostic test for tuberculosis to a bovine animal,]

[F37 (aa) take samples from a bovine animal for the purpose of applying a diagnostic test for tuberculosis,]

(b) vaccinate a bovine animal against tuberculosis; or

(c) treat a bovine animal for tuberculosis,

without the F38 ... consent of the Scottish Ministers.

Textual Amendments

F36 Art. 26(a) substituted (12.12.2018) by The Tuberculosis (Miscellaneous Amendments) (Scotland) (No. 2) Order 2018 (S.S.I. 2018/333), arts. 1, 2(11)

F37 Art. 26(aa) inserted (28.11.2022) by The Tuberculosis (Scotland) Amendment Order 2022 (S.S.I. 2022/334), arts. 1, 2(3)(a)

F38 Word in art. 26 omitted (28.11.2022) by virtue of The Tuberculosis (Scotland) Amendment Order 2022 (S.S.I. 2022/334), arts. 1, 2(3)(b)

Isolation of M. bovis in a laboratory S

27.—(1) Subject to paragraph (2), where the presence of the organism M. bovis is identified by a laboratory examination of a sample taken from any kind of mammal except man or from the carcase, products or surroundings of any such mammal, the person in charge of that laboratory shall immediately notify a laboratory approved by the Scottish Ministers to carry out further investigations.

(2) The duty to notify set out in paragraph (1) shall not apply where M. bovis is present in the sample as a result of its deliberate introduction as part of research involving the use of that organism.

Enforcement by local authority S

28.—(1) Subject to paragraph (2), this Order shall be enforced by the local authority.

(2) The Scottish Ministers may direct in any particular case or class of case that they will enforce the Order instead.

Offences by bodies corporate S

29.—(1) Where a body corporate is guilty of an offence under the Act by virtue of this Order and that offence is shown to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of–

(a) any director, manager, secretary or other similar officer of the body corporate; or

(b) any person who was purporting to act in any such capacity,

that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, the provisions of paragraph (1) shall apply in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body corporate.

(3) For the purposes of paragraph (1), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate and “body corporate” includes a partnership in Scotland, and, in relation to such a partnership, a reference to a director or other officer of a body corporate is a reference to a partner.

Revocations S

30.  The instruments specified in the first column of the Schedule are revoked to the extent specified in the corresponding entry in the third column, subject to any savings provision in article 31.

Savings S

31.  The provisions of the Brucellosis and Tuberculosis Compensation (Scotland) Order 1978 M8 shall continue to apply to any bovine animal for which compensation is determined before 6th April 2007 in accordance with article 3 of that Order.

Marginal Citations

M8 S.I. 1978/1485; amended by S.I. 1996/1358 and S.I. 1998/2181.

ROSS FINNIE

A member of the Scottish Executive

St Andrew's House,

Edinburgh

Article 30

SCHEDULE S REVOCATIONS

Column 1 – enactment	Column 2 – references	Column 3 – extent
The Brucellosis and Tuberculosis Compensation (Scotland) Order 1978	S.I. 1978/1485	In so far as it relates to tuberculosis
The Brucellosis and Tuberculosis Compensation (Scotland) Amendment Order 1996	S.I. 1996/1358	In so far as it relates to tuberculosis
The Brucellosis and Tuberculosis Compensation (Scotland) Amendment Order 1998	S.I. 1998/2181	In so far as it relates to tuberculosis
The Tuberculosis (Scotland) Order 2005	S.S.I. 2005/434	The whole Order

Explanatory Note

(This note is not part of the Order)

This Order revokes and re-enacts the Tuberculosis (Scotland) Order 2005 and the Brucellosis and Tuberculosis Compensation (Scotland) Order 1978 insofar as it relates to bovine tuberculosis. It incorporates existing control measures and compensation provisions in one instrument and introduces amendments to each.

This Order implements Council Directive 64/432/EEC in so far as it relates to the operation of a monitoring and testing programme for bovine tuberculosis.

The amendments S

The principal changes are the extension of the definition of carcase in the duty to notify disease so that it covers the carcases of all farmed and pet mammals (article 5) and the relaxation of the prohibition on vaccinating or treating animals for tuberculosis so that it can be done with the written consent of the Scottish Ministers (article 26).

The articles S

Article 3 extends the definition of disease and the power to slaughter in the Animal Health Act 1981 to cover tuberculosis.

Articles 4 and 5 provide for notification of animals or carcases affected with or suspected of being affected with tuberculosis.

Article 6 provides for veterinary inquiry and the taking of samples when an animal or carcase is affected with or suspected of being affected with tuberculosis and for restrictions relating to movement of animals and handling of milk.

Article 7 defines premises for the purposes of articles 8 and 9. Article 8 provides for testing of animals before they move from premises in areas where there is a high incidence of tuberculosis and article 8 provides for testing of animals after they arrive on such premises.

Article 10 regulates the application and payment of tests.

Article 11 prohibits the movement of an animal which has had a test applied to it pending the result of that test, article 12 imposes a duty to report the results of a test to the Scottish Ministers and article 13 prohibits interference with or obstruction of tests.

Article 14 sets out precautionary measures to be taken if an animal is affected with tuberculosis, including isolation of the animal and cleansing and disinfection.

Article 15 provides for removal of an affected or suspected animal from a market etc and for isolation after removal.

Article 16 allows notices to be served requiring that an animal which is or may be affected with tuberculosis to be kept under control.

Article 17 provides for the service of notices of intended slaughter to be carried out under section 32 of the Animal Health Act 1981 and for movement restrictions pending slaughter. Articles 18 and 19 provide for compensation.

Article 20 relates to the issuing of notices, licences etc.

Article 21 imposes an obligation to facilitate the examination, testing and valuation of animals and article 22 provides for measures to be taken in the event of failure to comply with that obligation.

Article 23 provides for marking of animals for identification purposes.

Article 24 allows for the serving of notices restricting the movement of animals and article 25 restricts the movement of manure, slurry etc if a notice is served under article 24.

Article 26 prohibits testing, vaccinating or treating an animal for tuberculosis without the consent of the Scottish Ministers.

Article 27 imposes on laboratories a duty to notify positive test results.

Article 28 provides that the Order shall be enforced by the local authority and article 28 deals with corporate liability for offences.

Article 30 deals with revocations and article 31 is a savings provision.

Failure to comply with any provision of the Order is an offence under section 73 of the Animal Health Act 1981.

A Regulatory Impact Assessment has not been produced for this instrument because it has no impact on the costs of business.