The African Horse Sickness (Scotland) Order 2012

PART 5 Non-captive horses

Suspicion relating to non-captive horses

16.—(1) This article applies where a veterinary inspector suspects that a non-captive horse may be infected with African horse sickness virus.

(2) The veterinary inspector must take all reasonable steps to establish whether or not that suspicion is correct.

(3) Where the veterinary inspector concludes that African horse sickness virus is likely to be present in such a horse, the Scottish Ministers must take such steps as they consider appropriate (which may include the declaration of an infection zone under article 19) to reduce the risk of that virus spreading to other horses.

(4) For the purposes of paragraph (3), the veterinary inspector may by notice served on the main occupier of premises impose restrictions on the movement of horses or impose such other measures in relation to those premises that the Chief Veterinary Officer considers necessary.

(5) The steps referred to in paragraph (2) or (3) need not be taken if the Scottish Ministers are satisfied that taking those steps is not likely to reduce the risk of African horse sickness virus spreading.

(6) A veterinary inspector and, when acting under the direction of a veterinary inspector, an inspector or any other person with the necessary expertise may enter any premises (except any premises used wholly or mainly as a private dwelling house) to—

(a) undertake surveillance of non-captive horses;

(b) capture and detain them;

(c) vaccinate them;

(d) take samples from them; and

(e) kill them if the Chief Veterinary Officer is satisfied that it is necessary for the control of African horse sickness, and in particular if—

(i) it is not reasonably practicable to take samples from them without killing them;

(ii) it is not reasonably practicable to detain them pending the results of any testing or sampling; or

(iii) they are spreading or may spread African horse sickness virus or are at risk of acquiring African horse sickness virus.