The Bluetongue (Scotland) Order 2008 (revoked)

PART 4 S Enforcement and offences

[F1 Movement of animals from a restricted zone S

19.— (1) This article applies where an animal has been within a restricted zone at any time within the 60 day period before it is moved to premises in a free area.

(2) The occupier of premises in a free area to which an animal to which this article applies has been moved must notify the movement to the Scottish Ministers within 3 working days from the arrival of the animal.

(3) An inspector may, by notice served on the occupier of any premises referred to in paragraph (2), or on the keeper of an animal at such premises, prohibit the movement of any animal from the premises except under the authority of a licence issued by an inspector.

(4) In this article and in article 19A, “restricted zone” means a zone anywhere in the Community consisting either or both of protection and surveillance zones.

Textual Amendments

F1 Arts. 19, 19A substituted for art. 19 (4.10.2008) by The Bluetongue (Scotland) Amendment (No. 2) Order 2008 (S.S.I. 2008/327), arts. 1, 2(10)

Movement of vaccinated animals S

19A.— (1) This article applies to an animal that has been within a restricted zone at any time within the 60 day period before the animal is moved from a place in the United Kingdom to a–

(a) free area; or

(b) surveillance zone declared under article 14.

(2) The occupier of the premises where such an animal is received, and the keeper of such an animal, must ensure that the animal is accompanied by a veterinary certificate.

(3) In this article–

“animal” means an animal that is moved from a protection or restricted zone on the ground that it is exempt from the exit ban established pursuant to Article 9(1)(c) and point 1 of Article 10 of Council Directive 2000/75/EC laying down specific provisions for the control and eradication of bluetongue M1 by reason that the animal complies with the condition set out in point 5 of Part A of Annex III to the Commission Regulation;

“veterinary certificate” means a–

(a)

certificate by a veterinary surgeon confirming that an animal identified in the certificate has been vaccinated by the veterinary surgeon, and that any supplementary vaccinations or boosters required at the date of the certificate to maintain immunity against bluetongue have been administered, or a copy; or

(b)

health certificate as referred to in point 5 of Part A of Annex III to the Commission Regulation, with the additional wording required to be added by that paragraph, or a copy;

“veterinary surgeon” means a person registered in the register of veterinary surgeons, or the supplementary register, kept under the Veterinary Surgeons Act 1966 (c. 36).]

Textual Amendments

F1 Arts. 19, 19A substituted for art. 19 (4.10.2008) by The Bluetongue (Scotland) Amendment (No. 2) Order 2008 (S.S.I. 2008/327), arts. 1, 2(10)

Marginal Citations

M1 O.J. No. L 327, 22.12.2000, p.74. Amended by Commission Decision 2006/911/EC (O.J. No. L 346, 9.12.2006, p.41), Council Directive 2006/104/EC (O.J. No. L 363, 20.12.2006, p.352) and Commission Decision 2007/729/EC (O.J. No. L 294, 13.11.2007, p.26).

Slaughter of animals S

20.  Section 32 of the Animal Health Act 1981 (which relates to slaughter and compensation) applies to bluetongue.

Powers of inspectors and officers S

F2 21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Art. 21 omitted (6.6.2008) by virtue of The Bluetongue (Scotland) Amendment Order 2008 (S.S.I. 2008/234), arts. 1, 2(5)

Surveillance S

F3 22.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Art. 22 omitted (6.6.2008) by virtue of The Bluetongue (Scotland) Amendment Order 2008 (S.S.I. 2008/234), arts. 1, 2(5)

Obtaining vaccine S

F4 22A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Art. 22A omitted (4.10.2008) by virtue of The Bluetongue (Scotland) Amendment (No. 2) Order 2008 (S.S.I. 2008/327), arts. 1, 2(11)

[F5 Prohibition on vaccination S

22B.   Except where article 22C applies, no person may vaccinate an animal against bluetongue unless under the authority of a licence granted by the Scottish Ministers or as otherwise provided in this Order.

Textual Amendments

F5 Arts. 22A-22E inserted (6.6.2008) by The Bluetongue (Scotland) Amendment Order 2008 (S.S.I. 2008/234), arts. 1, 2(8)

Compulsory vaccination S

22C.— (1) The Scottish Ministers may declare a vaccination zone.

(2) Within a vaccination zone–

(a) any occupier of or keeper of sheep or cattle on premises there must, unless specified otherwise in the declaration, ensure the vaccination of said sheep or cattle;

(b) any occupier of or keeper of any other animals on premises there may have such animals vaccinated.

(3) Any occupier of premises or keeper of animals must comply with any conditions related to vaccination or vaccine specified in the declaration.

Textual Amendments

F5 Arts. 22A-22E inserted (6.6.2008) by The Bluetongue (Scotland) Amendment Order 2008 (S.S.I. 2008/234), arts. 1, 2(8)

Costs of compliance S

22D.   Unless the Scottish Ministers direct otherwise in writing, the costs incurred by any person in taking any action required, or in refraining from taking action that is prohibited, by or under this Order must be met by that person.

Textual Amendments

F5 Arts. 22A-22E inserted (6.6.2008) by The Bluetongue (Scotland) Amendment Order 2008 (S.S.I. 2008/234), arts. 1, 2(8)

Powers of inspectors in case of default S

22E.   If any person fails to comply with any notice or other requirement in or under this Order, a veterinary inspector, inspector or officer of the Scottish Ministers as appropriate may take such steps as they consider necessary to ensure the notice or requirement is met, and the cost of such steps shall be recoverable summarily by the Scottish Ministers from that person.]

Textual Amendments

F5 Arts. 22A-22E inserted (6.6.2008) by The Bluetongue (Scotland) Amendment Order 2008 (S.S.I. 2008/234), arts. 1, 2(8)

Vaccination against bluetongue S

F6 23.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Art. 23 omitted (6.6.2008) by virtue of The Bluetongue (Scotland) Amendment Order 2008 (S.S.I. 2008/234), arts. 1, 2(8)

Compliance with notices S

F7 24.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Art. 24 omitted (6.6.2008) by virtue of The Bluetongue (Scotland) Amendment Order 2008 (S.S.I. 2008/234), arts. 1, 2(8)

General powers of inspectors when entering premises S

F8 25.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Art. 25 omitted (6.6.2008) by virtue of The Bluetongue (Scotland) Amendment Order 2008 (S.S.I. 2008/234), arts. 1, 2(5)

Damage S

26.  No person may–

(a) damage, interfere with or remove any traps set for midges as provided for under this Order; or

(b) deface, obliterate or remove any mark made by any person as provided for under this Order.

Provision of assistance S

27.—(1) Any person required to give reasonable assistance or information to a person acting under this Order must, unless having reasonable cause to do otherwise, do so without delay.

(2) No person shall provide information, knowing it to be false or misleading, to anyone acting under this Order.

Offences by bodies corporate S

28.—(1) Where a body corporate is guilty of an offence, and that offence is proved 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, officer or other similar person 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, is guilty of the offence.

(2) For the purposes of this article, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3) “Body corporate” includes a partnership in Scotland and, in relation to such a partnership, a reference to an officer of a body corporate is a reference to a partner.

Enforcement S

29.—(1) This Order and the Commission Regulation is enforced by the local authority.

(2) But the Scottish Ministers may direct, in relation to cases of a particular description or to particular cases, that they will enforce this Order and the Commission Regulation.

Revocation S

30.  The Bluetongue (Scotland) Order 2003 M2 is revoked.

Marginal Citations

M2 S.S.I. 2003/91.