The Foot-and-Mouth Disease (Scotland) Amendment Order 2007

Scottish Statutory Instruments

2007 No. 429

ANIMALS

ANIMAL HEALTH

The Foot-and-Mouth Disease (Scotland) Amendment Order 2007

Made

15th September 2007

Coming into force

16th September 2007

The Scottish Ministers make the following Order in exercise of the powers in section 1 of the Animal Health Act 1981(1), and of all other powers enabling them in that behalf.

Citation, commencement and extent

1.—(1) This Order may be cited as the Foot-and-Mouth Disease (Scotland) Amendment Order 2007, and comes into force on 16th September 2007.

(2) This Order extends to Scotland only.

Amendment

2.—(1) The Foot-and-Mouth Disease (Scotland) Order 2006(2) is amended in accordance with this article.

(2) In Schedule 6, for paragraph 8 substitute–

“Livestock services in a restricted zone

8.— (1) No person shall carry out livestock services in respect of susceptible animals in a restricted zone, except under authority of a licence granted by an inspector.

(2) But the prohibition in sub-paragraph (1) shall not apply to an occupier of premises, or an employee of the occupier, where the livestock service is being carried out–

(a) by that occupier or employee in respect of an animal on those premises; and

(b) using equipment owned by, or in the charge of, the occupier.

(3) In this paragraph–

(a) “livestock service” includes artificial insemination, clipping, embryo transfer, foot-paring, freeze branding, ultrasound scanning and weight-recording; and

(b) “employee” does not include a person employed mainly for the purpose of carrying out a livestock service.

(4) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or a surveillance zone.”.

IAN ANDERSON

A member of the staff of the Scottish Ministers

Pentland House,

Edinburgh

15th September 2007

Explanatory Note

(This note is not part of the Order)

This Order amends the Foot-and-Mouth Disease (Scotland) Order 2006.

It corrects an error in paragraph 8 of Schedule 6 (measures applicable to a restricted zone) to 2006 Order, which as made applied a restriction on carrying out livestock services to protection and surveillance zones.

This Order provides that the restriction on carrying out livestock services shall apply in a restricted zone. It also clarifies that “livestock services” includes artificial insemination, embryo transfer and weight recording.

A regulatory impact assessment has not been prepared for this Order.

(1)

1981 c. 22, amended by the Animal Health Act 1981 (Amendment) Regulations 1992 (S.I. 1992/3293), and extended by section 3 of the Animal Health and Welfare Act 1984 (c. 40). The functions conferred under the 1981 Act on “the Ministers” (as defined in section 86 of that Act) are now exercisable by the Scottish Ministers. They were transferred, so far as within devolved competence, by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.S.I. 2006/44.