Scottish Statutory Instruments
Animals
Animal Health
Made
28th May 2014
Laid before the Scottish Parliament
30th May 2014
Coming into force
28th June 2014
1.—(1) This Order may be cited as the Specified Diseases (Notification and Slaughter) (Amendment) and Compensation (Scotland) Order 2014 and comes into force on 28th June 2014.
(2) This Order extends to Scotland only.
2. In article 2(1) (application of section 32 of the Animal Health Act 1981) of the Specified Diseases (Notification and Slaughter) Order 1992(3)—
(a)after “Contagious epidydimitis” insert “Dourine”; and
(b)after “Epizootic haemorrhagic virus disease” insert—
“Equine infectious anaemia
Glanders”.
3. Where the Scottish Ministers cause any kind of mammal, except man, affected by dourine, equine infectious anaemia or glanders, to be slaughtered under the powers conferred by section 32 of the Animal Health Act 1981, the amount of compensation payable in relation to that mammal is £1.
RICHARD LOCHHEAD
A member of the Scottish Government
St Andrew’s House,
Edinburgh
28th May 2014
(This note is not part of the Order)
This Order amends the Specified Diseases (Notification and Slaughter) Order 1992 by adding dourine, equine infectious anaemia and glanders to the list of diseases in that Order to which section 32 of the Animal Health Act 1981 applies. Section 32 of that Act gives the Scottish Ministers a power to slaughter animals affected, suspected of being affected, or exposed to specified diseases.
This Order also prescribes the scale of compensation payable where the Scottish Ministers cause the slaughter under section 32 of the Animal Health Act 1981 of an animal confirmed to be affected with dourine, equine infectious anaemia or glanders.
A Business and Regulatory Impact Assessment has not been produced for this instrument as animal disease outbreak is unpredictable and its impact would vary depending on the location and nature of an outbreak.
1981 c.22. Powers to make Orders under these sections were originally conferred on “the Minister” and “the Ministers”, as defined in section 86(1) of the Animal Health Act 1981. The functions of the Minister and the Ministers were, in so far as within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). The requirement to obtain Treasury consent in section 32(3) of the Animal Health Act 1981 was removed by section 55 of the Scotland Act 1998.
The powers to make this Order are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Order is subject to the negative procedure by virtue of section 33(4) of that Act.
S.I. 1992/3159, relevantly amended by S.S.I. 2003/91 and S.S.I. 2012/178.