(1)Where a sample from any animal, bird or amphibian has been taken—
(a)under any enactment; and
(b)in relation to the monitoring, control or prevention of any disease of animals,
the Scottish Ministers (or a person authorised by them) may carry out such tests using the sample as they think are necessary or expedient for the purposes of the monitoring, control or prevention of any other disease of animals.
(2)Except in the circumstances described in subsection (3), the power conferred by subsection (1) is not exercisable unless the sample has previously been used for a test authorised under the relevant enactment.
(3)Those circumstances are—
(a)where the Scottish Ministers are of the opinion that there exists an emergency in relation to a disease of animals; and
(b)the tests to be carried out under subsection (1) are in connection with the emergency.
(4)A person who possesses a sample required for the carrying out of a test under subsection (1) must give the sample to the Scottish Ministers (or a person authorised by them) by such time as they may direct.
(5)In subsection (1), the first reference to an animal means any kind of mammal (except man).
(6)In this section—
“disease” is not restricted by its definition in this Act;
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.]
Textual Amendments
F1S. 6E - S. 6F inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 5, 55(1) (with s. 54); S.S.I. 2006/482, art. 2