Textual Amendments
F1Sch. 3A inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 1(2), 55(1) (with s. 54); S.S.I. 2006/482, art. 2
9(1)No order is made under paragraph 6 unless a draft of the order has been laid before, and approved by a resolution of, the Scottish Parliament.S
(2)But where the Scottish Ministers are of the opinion that there exists—
(a)an outbreak of a disease of animals not specified in or by virtue of paragraphs 1 to 6; or
(b)some other emergency relating to a disease of animals,
sub-paragraph (1) does not apply in relation to the making of an order under paragraph 6.
(3)Where sub-paragraph (2) applies, an order made accordingly (an “emergency order”)—
(a)is to be laid before the Scottish Parliament; and
(b)ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by a resolution of the Parliament.
(4)However, paragraph (b) of sub-paragraph (3) does not apply in relation to an order which—
(a)revokes (wholly or partly) an emergency order; and
(b)does nothing else, or nothing else except make provision incidental or supplementary to the revocation.
(5)In reckoning for the purposes of sub-paragraph (3)(b) any period of 28 days, no account is to be taken of any period during which the Scottish Parliament is—
(a)dissolved; or
(b)in recess for more than 4 days.
(6)Sub-paragraph (3)(b) is without prejudice to anything previously done by reference to an emergency order or to the making of a new emergency order.
(7)An emergency order must include a description of the emergency in relation to which the order is made.
(8)In sub-paragraph (2), “disease” is not restricted by its definition in this Act.]