Animal Health Act 1981

[F1 6D Emergency biosecurity orders: Scotland S

(1) Where the Scottish Ministers are of the opinion that there exists—

(a) an outbreak of a disease specified in Schedule 2B to this Act; or

(b) some other emergency relating to a disease of animals,

subsections (11) and (12) of section 6C do not apply in relation to the making of an order under subsection (1) of that section containing a biosecurity code relating to the outbreak or, as the case may be, the other emergency.

(2) Where subsection (1) 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.

(3) However, paragraph (b) of subsection (2) 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.

(4) In reckoning for the purposes of subsection (2)(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.

(5) Subsection (2)(b) is without prejudice to anything previously done by reference to an emergency order or to the making of a new emergency order.

(6) An emergency order must include a description of the emergency in relation to which the order is made.]

Textual Amendments

F1 S. 6C - S. 6D inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 4, 55(1) (with s. 54); S.S.I. 2006/482, art. 2