The Foot-and-Mouth Disease (Export Restrictions) (Scotland) (No. 2) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-make with amendments the Foot-and-Mouth Disease (Export and Movement Restrictions) (Scotland) (No. 2) Regulations 2007.

They implement Commission Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom dated 9th August 2007 (“the principal Decision”), as amended most recently by Commission Decision 2007/833/EC dated 13th December 2007.

The Principal Decision as most recently amended provides for a prohibition on the export from the United Kingdom of FMD susceptible animals and genetic material coming from a high risk area for disease control purposes, and for derogations enabling the member State to authorise the dispatch or export of certain categories of animal and material. The prohibitions are to have effect until 31st December 2007.

These Regulations give effect to the prohibitions for Scotland, and exercise the derogations provided for by the principal Decision. The high risk area is, for the purpose of these Regulations, the restricted area as specified by article 2 and Schedule 1.

These Regulations provide in particular for prohibitions and restrictions on–

• export from Scotland of live animals (regulation 3),

• the export of semen, ova or embryos of bovine, ovine, caprine, porcine and other biungulate animals from the restricted area (regulation 4),

The prohibitions on dispatch under these Regulations do not apply to certain animals or material as specified in the applicable regulations.

They create an offence of offering to export anything which it is prohibited to export under the Regulations (regulation 5).

They provide for things done elsewhere in the British Islands to be treated for certain purposes as if done in Scotland (regulation 6).

They provide for sharing of information relating to these Regulations (regulation 7).

They provide powers in respect of enforcement (regulations 8 and 9) and create offences of obstruction and providing false information (regulations 10 and 11).

The Regulations are enforced by the Scottish Ministers or the local authority (regulation 14).

Breach of the Regulations is an offence, punishable–

(a) on summary conviction, to a fine not exceeding the statutory maximum of £5000 or to imprisonment not exceeding three months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

A regulatory impact assessment has not been prepared for these Regulations.