The Bluetongue (Scotland) Order 2008 (revoked)

PART 3 S Confirmation of bluetongue

Control zones S

13.—(1) The Scottish Ministers must, on confirmation of bluetongue on premises in Scotland, declare a control zone with a radius of 20 kilometres centred on the infected premises.

(2) The Scottish Ministers must, on confirmation of bluetongue outside Scotland by a competent authority other than the Scottish Ministers, declare a control zone extending to that part of Scotland within a radius of 20 kilometres centred on the infected premises outside Scotland.

(3) No person may move an animal, into, out of, or within a control zone declared under paragraph (1) or (2).

(4) A control zone declared under paragraph (1) or (2) may be extended or reduced by the Scottish Ministers on the basis of epidemiological, geographical, ecological or meteorological circumstances.

(5) The Scottish Ministers may, in declaring a control zone under paragraph (1) or (2), specify such other measures as they consider necessary to reduce the risk of the spread of bluetongue.

Protection and surveillance zones S

14.—(1) On confirmation of bluetongue the Scottish Ministers must declare a–

(a) protection zone (incorporating the control zone declared under paragraph (1) of article 13) with a radius of at least 100 kilometres centred on the infected premises; and

(b) surveillance zone with a depth of at least 50 kilometres extending beyond the limits of the protection zone.

(2) A surveillance zone must not include any area in which vaccination has been carried out in the twelve month period before confirmation of bluetongue.

(3) No person may move an animal from a protection zone to a surveillance zone except as authorised by a licence granted by the Scottish Ministers.

(4) No person may move an animal, embryo, ovum or semen out of a restricted zone except as authorised by a licence granted by Scottish Ministers.

(5) No person may move an animal out of or within a restricted zone in which bluetongue is circulating if it is showing clinical signs of bluetongue on the day of movement.

(6) The Scottish Ministers must grant a licence under paragraphs (3) and (4) if the movement is permitted under the Commission Regulation, and the conditions of such a licence must be such as to ensure that the movement is made in accordance with the Commission Regulation.

(7) The Scottish Ministers may, in declaring a protection zone and surveillance zone, specify such other measures as they consider necessary to reduce the risk of the spread of bluetongue.

Protection zone or surveillance zone where bluetongue confirmed outside Scotland S

15.—(1) The Scottish Ministers must, on confirmation of bluetongue outside Scotland by a competent authority other than the Scottish Ministers, declare a protection zone, or a surveillance zone, or both.

(2) The zone or zones declared under paragraph (1) must extend to that part of Scotland within the radius of the protection zone and surveillance zone required under article 14 (1), centred on the infected premises outside Scotland.

(3) The Scottish Ministers may, in declaring a protection zone, or a surveillance zone, or both, under paragraph (1), specify such other measures so they consider necessary to reduce the risk of the spread of bluetongue.

Premises straddling zones S

16.—(1) Premises partly inside a temporary control zone or control zone are treated as being wholly inside that zone.

(2) Premises partly inside a protection zone and partly inside a surveillance zone are treated as being wholly inside the protection zone.

(3) Premises partly inside a surveillance zone and partly in a free area are treated as being wholly inside the surveillance zone.

[F1 Powers of veterinary inspectors, officers and inspectors S

16A.— (1) A veterinary inspector, or an inspector or officer of the Scottish Ministers acting under the direction of a veterinary inspector may, at all reasonable hours, enter any premises, vehicle or vessel for the purpose of monitoring or surveillance for the bluetongue virus, antibodies to the bluetongue virus or midges.

(2) A veterinary inspector or an officer of the Scottish Ministers acting under the direction of a veterinary inspector may, at all reasonable hours, enter any premises, vehicle or vessel for the purpose of ensuring that this Order or the Commission Regulation are being complied with.

(3) A person entering premises, a vehicle or vessel under paragraphs (1) or (2) must produce, if required, a duly authenticated document showing their authority to enter.

(4) A person entering premises, a vehicle or vessel under paragraphs (1) or (2) may take with them–

(a) any equipment; and

(b) such other person as is appropriate.

(5) A person entering premises under paragraphs (1) or (2) may take a vehicle with them.

(6) An inspector or an officer of the Scottish Ministers may–

(a) detain, isolate or restrain any animal;

(b) require the detention, isolation or restraint of any animal;

(c) mark for identification purposes any animal, carcase or thing;

(d) detain or isolate any thing;

(e) require the detention or isolation of any thing;

(f) require any person who knows about the movement of an animal to give details of that movement, and the details of any other animal with which it has been in contact;

(g) require the occupier of premises or keeper of animals on those premises to give details of animals either on those premises or on other premises where the occupier or keeper has animals;

(h) require the production of any record kept under this Order, in whatever form that record is held;

(i) copy any record referred to in paragraph (h);

(j) inspect and check the operation of any computer and associated apparatus or material used in the connection with the making and keeping of records under this Order.

(7) A veterinary inspector or an inspector or officer of the Scottish Ministers acting under the direction of a veterinary inspector may–

(a) examine any carcase or thing;

(b) require the treatment of any animal;

(c) carry out an epidemiological investigation relevant to the control of bluetongue;

(d) carry out tests and take samples (including blood samples) from any animal, carcase or thing for the purpose of diagnosis or epidemiological investigation;

(e) set traps for, and trap midges;

(f) implement midge control measures;

(g) require the destruction, burial, disposal or treatment of any thing;

(h) require the cleansing and disinfection of any part of the premises or of any person, animal, vehicle, vessel or thing on the premises.

(8) A veterinary inspector may–

(a) on entering any premises, vehicle or vessel under this Order, examine or if in a protection zone vaccinate any animal;

(b) require, by notice, the occupier of premises or the keeper of animals on premises to–

(i) allow the vaccination of any animal kept on the premises if within a protection zone;

(ii) retain animals for use as sentinel animals or allow the introduction of sentinel animals onto those premises; or

(iii) move an animal which has been moved other than in accordance with articles 13, 14 or 19 to a place specified by the veterinary inspector.

(9) In this article–

“sentinel animal” means an animal that is used for the purpose of surveillance for the bluetongue virus which, when first introduced or retained at any premises for that purpose, does not have antibodies to the bluetongue virus of the strain in respect of which surveillance is being carried out.]

Textual Amendments

F1 Art. 16A inserted (6.6.2008) by The Bluetongue (Scotland) Amendment Order 2008 (S.S.I. 2008/234), arts. 1, 2(5)

Powers of veterinary inspectors in restricted zones S

F2 17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Art. 17 omitted (6.6.2008) by virtue of The Bluetongue (Scotland) Amendment Order 2008 (S.S.I. 2008/234), arts. 1, 2(5)

Slaughterhouses S

18.—(1) The Scottish Ministers may designate slaughterhouses for the purposes of slaughtering animals transported out of a restricted zone.

(2) The conditions of any designation must be such as to ensure that the slaughterhouse operates in accordance with the Commission Regulation.

[F3 (3) The operator of a slaughterhouse in a surveillance zone may only slaughter an animal from a protection zone if licensed to do so by the Scottish Ministers.]

Textual Amendments

F3 Art. 18(3) inserted (6.6.2008) by The Bluetongue (Scotland) Amendment Order 2008 (S.S.I. 2008/234), arts. 1, 2(6)