The Foot-and-Mouth Disease (Scotland) Declaratory (No. 4) Order 2001

Made: 20th April 2001

Coming into force at 9.00 p.m. on: 20th April 2001

The Scottish Ministers, in exercise of the powers conferred by article 17(1) of the Foot-and-Mouth Disease Order 1983[^f00001], and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and extent

1

• (1) This Order may be cited as the Foot-and-Mouth Disease (Scotland) Declaratory (No. 4) Order 2001 and shall come into force on 20th April 2001 at 9.00 p.m.

• (2) This Order extends to Scotland only.

Declaration of infected area

2

The area described in Schedule 1 to this Order is declared an infected area within the meaning of and to which the provisions of Part III of the Foot-and-Mouth Disease Order 1983 apply as varied in accordance with, and disapplied to the extent set out in, Schedule 2 to this Order.

Enforcement

The provisions of Part III of the Foot-and-Mouth Disease Order 1983 shall, insofar as they are to be enforced in slaughterhouses, be enforced by the Scottish Ministers.

Effect of licences issued

4

Licences issued by the Scottish Ministers under the Foot-and-Mouth Disease (Scotland) Declaratory Order 2001[^f00002] before the coming into force of this Order to authorise the movement of animals from premises in the infected area or to authorise the movement of animals on public or private roads in such an area shall have effect from the coming into force of this Order as if issued under the Foot-and-Mouth Disease Order 1983 as varied by this Order.

Revocation

5

The Orders listed in Schedule 3 are revoked to the extent specified in Schedule 3.

SCHEDULE 1

The infected area shall comprise those parts of the Dumfries and Galloway, Scottish Borders and South Lanarkshire council areas, within the following boundaries:–

• (a) from the coast at map ref NY153633 continue west along the coast to Garheugh Port at map ref NX269503; join the A747 and turn right and continue until it joins the B7005 at map ref NX273499; turn left onto the B7005 and continue north east to join a minor road at map ref NX304509; turn left on to the minor road and continue north until it joins another minor road at map ref NX307586; turn right onto the minor road and continue east to its junction with the B7052; turn left onto the B7052 and continue to its junction with the B733; turn right onto the B733 and continue south east to its junction with a minor road at map ref NX364576; turn left onto the minor road and continue north east to its junction with another minor road at map ref NX412618; turn right onto the minor road and continue south east to its junction with the A714; turn right onto the A714 and continue south to where it crosses Bishop Burn; turn left onto Bishop Burn and continue north east, then south east to map ref NX445577; continue north east and cross the river Cree to join the A75(T) at map ref NX467595;

• (b) turn left onto the A75(T) and continue north west, then north east to its junction with the A712 at map ref NX427653; turn right onto the A712 and continue north east to its junction with the A762; turn left onto the A762 and continue north to its junction with the A713 at map ref NX614821; turn right onto the A713 and continue south east to its junction with the A702; turn left onto the A702 and continue east and then north east to its junction with the B729; continue east and then north east on the A702 to its junction with the A76(T); turn left onto the A76(T) and continue to its junction with the A702; turn right onto the A702 and continue north east to its junction with the A74(M);

• (c) continue north on the A74(M) to its junction with the A702; turn right onto the A702 and continue north east to its junction with the B7016; turn right onto the B7016 and continue east to its junction with the A701 at map ref NT112367; turn right onto the A701 and continue to its junction with the B712; turn left onto the B712 and continue north east to its junction with the A72, turn right onto the A72 and continue east to its junction with the B7062 at map ref NT251404;

• (d) turn right onto the B7062 and continue to its junction with the B709; turn right onto the B709 and continue south east and then south to its junction with the B711 at map ref NT303177; turn left onto the B711 and continue to its junction with the A7(T) at map ref NT483134; turn left onto the A7(T) and continue to its junction with the B6359; turn right onto the B6359 and continue to its junction with the B6400 at map ref NT544257; turn right onto the B6400 and continue to where it meets a minor road at map ref NT560258; continue north east on the minor road and continue to its junction with the A68(T); turn left onto the A68(T) at map ref NT604290 and continue to its junction with the A699; turn right onto the A699 and continue east to its junction with the B6352 at map ref NT726335; turn right onto the B6352 and continue south east to its junction with the B6401; turn right onto the B6401 and continue to its junction with a minor road at map ref NT821282; turn left onto the minor road and continue to its junction with the Pennine Way at map ref NT827283; turn right onto the Pennine Way and continue south east to where it meets the Scotland/England border at map ref NT864233; continue south west along the Scotland/England border to the sea at map ref NY153633.

Map references are to the Ordnance Survey Landranger 1:50,000 series.

SCHEDULE 2

1

Articles 18, 19, 26, 28(2) and 28(3)(b) of Part III of the Foot-and-Mouth Disease Order 1983 do not apply.

2

Part III of the Foot-and-Mouth Disease Order 1983 is varied by the addition of the requirements set out in the following sub-paragraphs:–

• (a) no person shall move animals from the premises on which the animals are kept, except under the authority of a licence issued by the Scottish Ministers or an inspector;

• (b) no person shall move animals on public or private roads (other than the service roads of premises), except under the authority of a licence issued by the Scottish Ministers or an inspector;

• (c) no person shall transport animals through the infected area, except if the animals are transiting through that area by motorway, trunk road or railway;

• (d) no person shall seek to carry out breeding of animals by means of itinerant service;

• (e) no person shall seek to carry out breeding of animals by means of artificial insemination, other than with semen that is on the premises on which the animals are kept or with semen delivered directly to those premises by an insemination centre, except under the authority of a licence issued by the Scottish Ministers or an inspector;

• (f) no person shall use any premises for fairs, markets, shows or other gatherings of animals;

• (g) Article 20 of the Foot-and-Mouth Disease Order 1983 shall not apply if the slaughterhouse or knackery product is controlled by and the movement is for the purpose of disposal in accordance with–

• (i) the Specified Risk Material Order 1997[^f00003];

• (ii) the Specified Risk Material Regulations 1997[^f00004]; or

• (iii) the Animal By-Products Order 1999[^f00005];

• (h) no person shall move any carcase (other than the carcase of an animal slaughtered for human consumption or a suspect BSE or scrapie carcase destined for disposal) from premises other than a slaughterhouse or a knacker’s yard, except under the authority of a licence issued by the Scottish Ministers;

• (i) no person shall move, or cause to be moved, into, out of or within an infected area any embryo, ovum or semen, except with the written approval of a veterinary inspector and subject to such conditions as may be specified therein.

3

In this Schedule, terms used which are also used in the Foot-and-Mouth Disease Order 1983 shall have the same meaning in this Schedule as they do in that Order.

SCHEDULE 3 — REVOCATIONS

Signed

DAVID R DICKSON — A member of the staff of the Scottish Ministers — 20th April 2001

Explanatory note

(This note is not part of the Order)

This Order imposes, with variations, the restrictions contained in Part III of the Foot-and-Mouth Disease Order 1983 (S.I. 1983/1950) within the infected area described in Schedule 1.

A map depicting the infected area may be inspected between 9.00 a.m. and 5.00 p.m., Monday to Friday at the Scottish Executive Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW.

This Order consolidates and revokes to the extent specified the Orders listed in Schedule 3.

Footnotes

[^f00001]: S.I. 1983/1950, as amended by S.I. 1993/3119 and S.I. 1995/2922, and as regards Scotland, by S.S.I. 2001/52, 55 and 101. See article 3(1) for the definition of “the Minister”. The functions of “the Minister”, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

[^f00002]: S.S.I. 2001/56, as amended by S.S.I. 2001/63, 66, 90, 109, 146 and 149.

[^f00003]: S.I. 1997/2964, as amended, as regards Scotland, by S.S.I. 2000/344 and 2001/4.

[^f00004]: S.I. 1997/2965, as amended by S.I. 1997/3062, S.I. 1998/2045 (itself amended by S.I. 1998/2431), S.I. 1999/539 and, as regards Scotland, by S.S.I. 2000/62, 345, 2001/3 and 86.

[^f00005]: S.I. 1999/646.