Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The Tuberculosis in Specified Animals (Scotland) Order 2015

Type Scottish-Statutory-Instrument

Publication 2015-09-08

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

articles 15

Reform history JSON API PDF

Made: 8th September 2015

Laid before the Scottish Parliament: 10th September 2015

Coming into force: 9th October 2015

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 1, 7(1), 8(1), 15(4), 25, 32(3), 34(7), 83(2), 83A(6) and 87(2) of the Animal Health Act 1981[^f00001] and all other powers enabling them to do so.

Citation, commencement and extent

1

(1) This Order may be cited as the Tuberculosis in Specified Animals (Scotland) Order 2015 and comes into force on 9th October 2015.

(2) This Order extends to Scotland only.

Interpretation

2

(1) In this Order, except where the context otherwise requires—

“the Act” means the Animal Health Act 1981;

“affected animal” means a specified animal which is affected with tuberculosis of the udder or is giving tuberculous milk or is affected with tuberculous emaciation or is excreting or discharging tuberculous material or is affected with a chronic cough or shows any other clinical signs of tuberculosis;

“approved disinfectant” means a disinfectant approved by the Scottish Ministers for use against tuberculosis under the Diseases of Animals (Approved Disinfectants) (Scotland) Order 2008[^f00002], used at the dilution rate stipulated in the approval and in accordance with the manufacturer’s instructions;

“approved veterinary surgeon” means a veterinary surgeon who is approved in accordance with article 3;

“carcase” includes any part of a specified animal;

“deer” means deer of any species that are managed by a keeper (including deer that are managed on enclosed park land);

“inconclusive reactor” means a specified animal in respect of which the results from a relevant test are not negative but do not indicate that it is a reactor;

“keeper” means any person who owns or has possession or charge of a specified animal or carcase, whether on a permanent or temporary basis;

“milk” includes cream and separated or skimmed milk;

“premises” includes land with or without buildings;

“reactor” means a specified animal that produces a reaction consistent with its being affected with tuberculosis when tested for that disease;

“relevant test” means a tuberculin skin test or any other diagnostic test for tuberculosis approved by the Scottish Ministers;

“specified animal” means a deer, goat, pig, sheep, alpaca, guanaco, llama or vicuña;

“suspected animal” means a specified animal that is suspected of being infected with tuberculosis and includes a reactor and a specified animal exposed to the infection of tuberculosis;

“tuberculosis” means infection with Mycobacterium bovis (M. bovis); and

“veterinary surgeon” means a veterinary surgeon or veterinary practitioner registered under the Veterinary Surgeons Act 1966[^f00003].

(2) A reference in this Order to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15(1) of the Electronic Communications Act 2000[^f00004], which has been recorded and is consequently capable of being reproduced.

Approval of veterinary surgeons

3

(1) The Scottish Ministers may approve any veterinary surgeon whom they consider competent to apply and read a relevant test for tuberculosis.

(2) For the purpose of deciding whether to grant an approval under this article, the Scottish Ministers may require a veterinary surgeon to complete such training as they consider necessary.

(3) If the Scottish Ministers by notice given to the veterinary surgeon revoke an approval granted under this article, they must give reasons for the revocation.

Notification of disease in specified animals

4

(1) Any person who—

(a) is the keeper of a specified animal, and who knows or suspects that that animal is or may be an affected animal or a suspected animal;

(b) in the course of practice as a veterinary surgeon, examines or inspects a specified animal and, following such examination or inspection, knows or suspects that that animal is or may be an affected animal or a suspected animal,

must immediately inform the Scottish Ministers of such knowledge or suspicion.

(2) Following the giving of the information under paragraph (1), and prior to the conclusion of a veterinary inquiry under article 6 (veterinary inquiry as to the existence of disease), the keeper must—

(a) detain the animal on the premises on which it was located at the time of the giving of the information;

(b) isolate the animal as far as practicable from other animals; and

(c) take steps to ensure that milk produced by that animal is not mixed with other milk and is boiled or otherwise sterilised and that any utensil with which the animal’s milk has been in contact before being sterilised is thoroughly cleansed and scalded with steam or boiling water before being used again.

Notification of disease in carcases of wild deer

5

(1) Any person who—

(a) is the keeper of the carcase of a wild deer and who knows or suspects that that carcase is or may be the carcase of an affected animal or a suspected animal; or

(b) in the course of practice as a veterinary surgeon, examines or inspects the carcase of a wild deer and, following such examination or inspection, knows or suspects that the carcase is or may be that of an affected animal or a suspected animal,

must immediately inform the Scottish Ministers of such knowledge or suspicion.

(2) Following the giving of the information under paragraph (1), and prior to the conclusion of a veterinary inquiry under article 6 (veterinary inquiry as to the existence of disease) or the taking of a diagnostic sample from the carcase under the direction of a veterinary inspector, the keeper must—

(a) detain the carcase on the premises on which it was located at the time of the giving of the information; and

(b) isolate the carcase as far as practicable from other animals.

(3) If the carcase is in a slaughterhouse, the operator of the slaughterhouse must keep it isolated from other carcases of slaughtered animals.

Veterinary inquiry as to the existence of disease

6

(1) Where a veterinary inspector reasonably believes that there is on any premises an affected animal, a suspected animal or the carcase of such an animal, the inspector must, with all practicable speed, take such steps as may be necessary to establish whether the animal or carcase is affected with tuberculosis.

(2) For the purposes of such an inquiry, a veterinary inspector or an approved veterinary surgeon may—

(a) examine any specified animal or carcase;

(b) carry out such tests and take such samples from any specified animal or carcase as considered necessary for the purpose of diagnosis; and

(3) The occupier of the premises or the keeper of the specified animal or carcase (if a different person) must—

(a) provide such reasonable facilities and comply with such reasonable requirements as are necessary for the purposes of the inquiry; and

(b) if so required by a veterinary inspector or an approved veterinary surgeon, provide information as to the identity, location and movement of any specified animal or carcase.

(4) A veterinary inspector who is of the opinion that an animal is an affected animal or a suspected animal must serve a notice on the keeper of that animal requiring the keeper to—

(a) detain the animal on the premises on which it is located in accordance with any requirements stipulated in the notice and keep it isolated from other animals;

(b) where appropriate take steps to ensure that milk produced by the animal is not mixed with milk produced by another animal and is boiled or otherwise sterilised and that any utensil with which the animal’s milk has been in contact before being sterilised is thoroughly cleansed and scalded with steam or boiling water before being used again; and

(c) ensure that no animal or carcase is moved on to or off the premises or any such part of the premises as may be stipulated in the notice, except under the authority of a licence issued by a veterinary inspector.

(5) A notice served under this article remains in force until it is withdrawn by any further notice served by a veterinary inspector.

Tuberculosis testing

7

(1) Paragraph (2) applies where the Scottish Ministers have issued a notice to the keeper of a specified animal.

(2) The Scottish Ministers may test, or arrange for the testing of, the animal for tuberculosis using a relevant test.

(3) The keeper of the animal must comply with all reasonable requirements of a veterinary inspector or an approved veterinary surgeon with a view to facilitating—

(a) the identification and examination of the animal;

(b) the application to it, or the reading, of any relevant test; or

Restriction on movement after application of test

8

Where a relevant test has been applied to a specified animal and the results of the test have not yet been read, a person must not move the animal from the premises, or any part of the premises on which it is kept, except under the authority of a licence issued by a veterinary inspector.

Restriction on movement following positive or inconclusive test results

9

(1) Paragraph (2) applies where—

(a) a relevant test has been applied to a specified animal;

(b) the result of that test has been read by a veterinary inspector or an approved veterinary surgeon, who is satisfied that the test reading identifies the animal as a reactor or an inconclusive reactor; and

(2) The reactor or, as the case may be, inconclusive reactor must not be moved from the premises, or any part of the premises on which it is kept, except under the authority of a licence issued by a veterinary inspector.

Reporting test results

10

Any person who has tested a specified animal using a relevant test must, where the results identify the animal as a reactor or an inconclusive reactor, report those results to the Scottish Ministers as soon as they are known.

Prohibitions

11

(1) A person must not vaccinate a specified animal against tuberculosis without the written consent of the Scottish Ministers.

(2) A person must not treat a specified animal for tuberculosis without the written consent of the Scottish Ministers.

(3) A person must not interfere with or obstruct the application, or the reading, of a relevant test applied under this Order.

Isolation and prohibition on movement of specified animals

12

A veterinary inspector may, for the purpose of controlling or preventing the spread of tuberculosis, serve a notice on the keeper of any specified animal kept on such premises as are stipulated in the notice—

(a) requiring any such animal to be isolated from other animals to the extent stipulated in the notice; and

(b) prohibiting the movement of any such animal, or of such specified animals as are stipulated in the notice, on to or off the premises, except under the authority of a licence issued by a veterinary inspector.

Notification of intended slaughter of specified animals

13

(1) Paragraph (2) applies where the Scottish Ministers intend to cause a specified animal to be slaughtered under section 32 of the Act (slaughter in other diseases) in its application to tuberculosis.

(2) A veterinary inspector must serve a notice on the keeper of the animal—

(a) informing the keeper of the intended slaughter;

(b) requiring the keeper to detain the animal pending its slaughter, or pending its surrender and removal for slaughter, on such part of the premises as is stipulated in the notice; and

(3) The person on whom such a notice has been served—

(a) must comply with the notice; and

(b) must not move the animal, or cause or permit it to be moved, from that part of the premises on which it is required to be detained, except under the authority of a licence issued by a veterinary inspector.

Precautions against spread of infection

14

Where the Scottish Ministers are satisfied that any specified animal kept on any premises is an affected animal or a suspected animal, or where tuberculosis has been identified on any premises, a veterinary inspector may, by notice served on the keeper of any such animal, require the keeper or the person in occupation or in charge of the premises (as appropriate)—

(a) to treat and store manure or slurry from any place which has been used by the animal in accordance with the requirements of the notice;

(b) not to spread any manure or to spray or spread any slurry from any place which has been used by the animal otherwise than in accordance with any requirements of the notice;

(c) not to remove from the premises, except under the authority of a licence issued by a veterinary inspector, manure, slurry or other animal waste, straw, litter or other matter which, to that person’s knowledge, has or might have come into contact with the animals on the premises;

(d) to take reasonable steps to prevent any specified animal kept on the premises from infecting any other farmed animal kept on the same premises or on any adjoining premises;

(e) to arrange for the isolation of any specified animals to the extent stipulated in the notice;

(f) to ensure that such part of the premises as may be stipulated in the notice is not used by any specified animal, or by such other animal, for such period as may be stipulated in the notice;

(g) to cleanse and disinfect at the keeper’s own expense, with an approved disinfectant, such part of the premises as may be stipulated in the notice, within such time and in such manner as may be so stipulated;

(h) to cleanse and disinfect at the keeper’s own expense, with an approved disinfectant, all utensils and other articles used for or in relation to the animal, within such time and in such manner as may be stipulated in the notice; and

(i) to take such other action as the veterinary inspector considers appropriate.

Precautions in relation to shows, exhibitions etc.

15

(1) Where a veterinary inspector reasonably believes that a specified animal on any premises at which a show, exhibition, market, sale or fair is being held, is an affected animal or a suspected animal, that inspector may, by notice served on the keeper of the animal, require the keeper to remove the animal from those premises and take it—

(a) to a slaughterhouse for immediate slaughter;

(b) back to the premises from which the animal was brought to the show, exhibition, market, sale or fair; or

(2) Where a veterinary inspector reasonably believes that a specified animal which is on, or which has been on, any premises that are used for any show, exhibition, market, sale or fair, is an affected animal or a suspected animal, that inspector may, by notice served on the occupier of the premises, require the occupier—

(a) to ensure that such part of the premises as may be stipulated in the notice is not used by any other animal for such period as may be stipulated in the notice; and

(b) at the occupier’s own expense, and within such time and in such manner as may be stipulated in the notice—

(i) to cleanse and disinfect with an approved disinfectant such part of the premises as may be stipulated in the notice; and

(ii) to dispose of any manure, slurry or other animal waste, straw, litter or other matter which, to the occupier’s knowledge, has or might have come into contact with the animal.

Identification requirements for deer

16

(1) A person must not move a deer on to or off any premises unless it has had a means of identification applied to it in a manner approved by the Scottish Ministers.

(2) A person must not move the carcase of any deer on to or off any premises unless it has had a means of identification applied to it in a manner approved by the Scottish Ministers.

(3) A person must not test any deer for tuberculosis unless the deer has had a means of identification applied to it in a manner approved by the Scottish Ministers.

(4) If directed by a veterinary inspector or an approved veterinary surgeon, a keeper of deer must apply a means of identification to the deer, in a manner approved by the Scottish Ministers.

(5) A person must not change or interfere with any means of identification that has been applied in accordance with this article.

Identification requirements for alpacas, guanacos, llamas and vicuñas

17

(1) A person must not move an alpaca, guanaco, llama or vicuña that is an affected animal or a suspected animal on to or off any premises unless it has had a means of identification applied to it in a manner approved by the Scottish Ministers.

(2) A keeper of a carcase of an alpaca, guanaco, llama or vicuña, that is known to be or suspected of being the carcase of an affected animal or a suspected animal, must not move that carcase on to or off any premises unless it has had a means of identification applied to it in a manner approved by the Scottish Ministers.

(3) A person must not test any alpaca, guanaco, llama or vicuña for tuberculosis unless that animal has had a means of identification applied to it in a manner approved by the Scottish Ministers.

(4) If directed by a veterinary inspector or an approved veterinary surgeon, a keeper of an alpaca, guanaco, llama or vicuña must apply a means of identification to the animal in a manner approved by the Scottish Ministers.

(5) A veterinary inspector or an approved veterinary surgeon may apply a means of identification in a manner approved by the Scottish Ministers to any alpaca, guanaco, llama or vicuña.

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