PART 1SIntroductory provisions

Citation, commencement and extentS

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.

InterpretationS

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 M1 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 [F6subject 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 [F7subject 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 M2; 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 M3.

(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 M4 which has been recorded and is consequently capable of being reproduced.

Textual Amendments

Marginal Citations

M1S.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. .

M2O.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).

M31966, c. 36; amended by S.I. 1988/526, S.I. 1991/1412 and S.I. 2002/1479.

M42000 c. 7; amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).

[F8Approval of veterinary surgeonsS

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

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

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.