The Tuberculosis in Specified Animals (Scotland) Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order confers powers on the Scottish Ministers in relation to tuberculosis in deer, goats, pigs, sheep, alpacas, guanacos, llamas and vicuñas.

Article 3 provides for the approval of veterinary surgeons for the purposes of applying and reading a relevant test for tuberculosis.

Articles 4 and 5 make provision with respect to the supply of information about disease in these animals, and in the carcases of wild deer, where they are affected or suspected of being affected with tuberculosis. Article 5, concerning carcases of wild deer, supplements article 5 of the Tuberculosis (Scotland) Order 2007 (S.S.I. 2007/147) which is concerned with carcases of farmed or pet animals.

Article 6 provides for a veterinary inquiry and the taking of samples when an animal or carcase is affected or suspected of being affected with tuberculosis, and for restrictions relating to the movement of animals and the handling of milk.

Article 7 makes provision for the testing of animals for tuberculosis.

Article 8 prohibits the movement of an animal which has had a test applied to it pending the result of the test, and article 9 prohibits such movement in the event of positive or inconclusive test results.

Article 10 imposes a requirement to report positive or inconclusive test results to the Scottish Ministers.

Article 11 prohibits the vaccination or treatment of animals for tuberculosis without the consent of Scottish Ministers, and prohibits the obstruction of testing.

Article 12 provides for the service of notices on keepers of specified animals requiring their isolation or prohibiting their movement, to control the spread of tuberculosis.

Article 13 provides for the service of notices of intended slaughter under section 32 of the Animal Health Act 1981 (“the Act”), and for movement restrictions pending slaughter.

Article 14 concerns the service of notices requiring precautions to be taken if an animal is affected or suspected of being affected with tuberculosis.

Article 15 permits notices to be served directing the movement of animals at shows, exhibitions, markets etc. that are affected with, or suspected of being affected with, tuberculosis. Premises may also be restricted, and cleansing and disposal requirements imposed.

Article 16 imposes identification requirements in relation to deer or their carcases where they are moved, or when they are tested for tuberculosis.

Article 17 imposes identification requirements in relation to the movement of alpacas, guanacos, llamas and vicuñas that are affected or suspected animals, or their carcases, or on their testing.

Article 18 relates to the issuing or granting of notices, licences, directions and approvals. Under section 83(1) of the Act, notices under this Order must be in writing.

Article 19 provides that the Order must be enforced by the local authority, and article 20 makes provision for offences by bodies corporate, Scottish partnerships or unincorporated associations.

Articles 21, 22 and the Schedule provide for the payment of compensation for the purposes of section 32(3) of the Act.

Article 23 deals with revocations and an amendment, and article 24 contains a transitional provision.

Failure to comply with any provision of the Order is an offence under section 73 of the Act.

This Order has been notified in draft to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services (OJ L 204, 21.7.1998, p.37), as last amended by Regulation (EU) No 1025/2012 (OJ L 316, 14.11.2012, p.12).

A business and regulatory impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Directorate for Agriculture, Food and Rural Communities, Animal Health and Welfare Division, Saughton House, Broomhouse Drive, Edinburgh EH11 3XD and online at http://www.gov.scot/Topics/farmingrural/Agriculture/animal-welfare/Diseases/disease/tuberculosis/legislation.