The Foot-and-Mouth Disease (Scotland) Order 2006 No. 44

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SCOTTISH STATUTORY INSTRUMENTS

2006 No. 44
ANIMALS
ANIMAL HEALTH
The Foot-and-Mouth Disease (Scotland) Order 2006

	Made	6th February 2006
	Coming into force	23rd February 2006

CONTENTS

PART 1
Introduction

1.	Citation, commencement and extent

2.	Interpretation

3.	Extension of definitions of "animals" and "poultry"

4.	Premises comprising common or unenclosed land

5.	Licences, certificates and declarations

Notices

7.	Dissemination of information concerning restrictions and requirements

PART 2
Notification, suspicion and investigation of disease

8.	Notification of disease or suspected disease

9.	Notice of suspicion of disease

10.	Suspicion of disease in animals in transit

11.	Veterinary inquiry into the existence of disease and declaration of suspect premises and infected premises

12.	Separate production units

13.	Tracing of possible disease spread

14.	Maintenance of measures in respect of premises

15.	Declaration of temporary control zone

16.	Measures applicable in respect of a temporary control zone

17.	Supplementary measures in respect of a temporary control zone: straying of susceptible animals

18.	Declaration of supplementary movement control zone

19.	Measures applicable in respect of a supplementary movement control zone

PART 3
Measures following confirmation of disease

20.	Tracing of products originating on infected premises

21.	Notice of intention to slaughter animals

22.	Sampling and clinical examination of susceptible animals before slaughter

23.	Place of slaughter

24.	Slaughter: control of carcases

25.	Slaughter: control of faecal material

26.	Slaughter: isolation of things liable to spread disease

27.	Slaughter: cleansing and disinfection of premises other than slaughterhouses and border inspection posts

28.	Slaughter: cleansing and disinfection of slaughterhouses and border inspection posts

29.	Restocking of premises

30.	Declaration of protection and surveillance zones on confirmation of the disease in Scotland

31.	Declaration of protection zones and surveillance zones on confirmation of the disease in England or Wales

32.	Protection zones and surveillance zones: general provisions

33.	Measures applicable in respect of protection zones and surveillance zones

34.	Veterinary inspection of premises in protection zones and surveillance zones

35.	Power to prohibit entry to land or agricultural buildings in a protection zone

36.	Amendment and revocation of declarations creating protection zones and surveillance zones

37.	Declaration of restricted zone

38.	Measures applicable in restricted zones

39.	Confirmation of the disease in wild animals and declaration of a wild animal infected zone

40.	Measures applicable in wild animal infected zones

PART 4
Horses

41.	Specific provision as to the movement of horses

PART 5
General and supplementary provisions

42.	Production of licences and unloading after certain licensed movements of susceptible animals

43	Further provision relating to certain premises

44.	Duty of the local authority to erect signs

45.	Cleansing and disinfection of vehicles transporting susceptible animals

46.	Cleansing and disinfection of vehicles: provision of facilities, equipment and materials

47.	Marks applied under this Order

48.	Change of occupation of premises under restriction

49.	Reasonable assistance

50.	False information

51.	Production of records

52.	Compliance with notices and directions

53.	Retention of records

54.	General powers of veterinary inspectors to take action to prevent the spread of disease

55.	Powers of inspectors in case of default

56.	Offences by body corporate

57.	Offences: no knowledge of restriction or requirement

58.	Enforcement

PART 6
Amendments and revocations

59.	Amendment to the Diseases of Animals (Approved Disinfectants) Order 1978

60.	Amendment to the Foot-and-Mouth Disease (Ascertainment of Value) (Scotland) (No. 4) Order 2001

61.	Revocations

SCHEDULE 1 —

Cleansing and Disinfection of premises

PART 1 —

General procedures for cleansing and disinfection of premises

PART 2 —

Cleansing and disinfection of infected premises

PART 3 —

Disinfection of contaminated used litter, manure and slurry

PART 4 —

Special cases

SCHEDULE 2 —

Measures applicable to premises on suspicion or confirmation of disease

SCHEDULE 3 —

Criteria for confirming the disease

SCHEDULE 4 —

Measures applicable in protection zones and surveillance zones

PART 1 —

Measures applicable in both protection zones and surveillance zones

PART 2 —

Measures applicable only in a protection zone

PART 3 —

Measures applicable only in a surveillance zone

SCHEDULE 5

PART 1 —

Products of animal origin (other than fresh meat)

PART 2 —

Products not of animal origin

PART 3 —

Fresh meat

PART 4 —

Milk and milk products

SCHEDULE 6 —

Measures applicable to a restricted zone

SCHEDULE 7 —

Measures applicable in a wild animal infected zone

SCHEDULE 8 —

Horses

SCHEDULE 9 —

Restocking of premises

SCHEDULE 10 —

Orders Revoked

The Scottish Ministers, in exercise of the powers conferred upon them by sections 1, 7(1), 8(1), 13, 15(3), 15(4), 17(1), 23, 25, 26, 28, 34(7), 83(2), 87(2) and 87(5) of the Animal Health Act 1981[1], and of all other powers enabling them in that behalf, hereby make the following Order:

PART 1
Introduction
Citation, commencement and extent
     1. —(1) This Order may be cited as the Foot-and-Mouth Disease (Scotland) Order 2006 and shall come into force on 23rd February 2006.

    (2) This Order extends to Scotland only.

Interpretation
     2. —(1) In this Order–

"the Act" means the Animal Health Act 1981;

"animal gathering" means an event at which animals are brought together, including a market, show or fair, but not any occasion at which animals are brought together on the premises on which they are kept;

"animal product" means anything originating or made (whether in whole or in part) from an animal or from a carcase;

"associated protection zone" means, in relation to a surveillance zone, the protection zone centred on the same premises as that surveillance zone;

"border inspection post" means, except in article 31, a place specified as a border inspection post in Schedule 2 to the Animals and Animal Products (Import and Export) (Scotland) Regulations 2000[

"bovine animal" includes buffalo and bison;

"Chief Veterinary Officer (Scotland)" means the Chief Veterinary Officer of the Scottish Executive;

"collecting centre" means premises used for the intermediate reception of animals intended to be moved elsewhere;

"contact premises" means any premises declared to be contact premises under article 13;

"contaminated" means directly or indirectly exposed to disease, and "contamination" shall be construed accordingly;

"the Department" means the Scottish Executive Environment and Rural Affairs Department;

"disease" means foot-and-mouth disease;

"Divisional Veterinary Manager" means the Divisional Veterinary Manager of the State Veterinary Service for the area in which premises are located;

"emergency slaughter" means slaughter in emergency circumstances of animals which are not infected or contaminated and includes slaughter for welfare purposes;

Falconiformae

"fodder" means animal feed and includes hay, straw and forage;

"free unit" means a separate production unit declared to be a free unit under article 12;

"fresh meat" means meat (including offal) that has not undergone any preserving process other than chilling, freezing or quick-freezing, including meat that is vacuum wrapped or wrapped in a controlled atmosphere;

"horse" means a domestic animal of the equine or asinine species or crossbreeds of those species;

"hyper-immune serum" means material containing antibodies to the disease, either produced from animals subject to repeated vaccination or by another method;

"incubation period" means–

"infected" means infected with disease and "infection" shall be construed accordingly;

"infected premises" means any premises declared to be infected premises under article 11(11);

"infection date" means, in respect of any premises, any date confirmed by the Scottish Ministers under article 11(11) as the earliest date disease was present there;

"inspector" means an inspector appointed under the Act and an officer of the Scottish Ministers appointed for the purposes of this Order, and when used in relation to a member of the staff of the Scottish Ministers, includes a veterinary inspector;

"keeper" means any person responsible for animals, whether on a permanent or temporary basis, but does not include any person who is responsible for animals solely because that person is transporting them;

"meat preparation" means fresh meat, including meat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat and thus to eliminate the characteristics of fresh meat;

"meat product" means a processed product resulting from the processing of meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat;

"mechanically separated meat" means the product obtained by removing meat from flesh-bearing bones after boning, using mechanical means resulting in the loss or modification of the muscle fibre structure;

"milk" includes cream, separated milk, skimmed milk and buttermilk;

"milk product" includes butter, cheese, yoghurt, whey and any other product the main constituent of which is milk;

"minced meat" means boned meat that has been minced into fragments and contains less than 1% salt;

"occupier" means, in relation to any premises, the person in charge of those premises;

"overstamped" means, in relation to a health marked or identification marked item, bearing an additional diagonal cross consisting of two straight lines intersecting at the centre of the health mark or identification mark and allowing the information there to remain legible (whether or not that additional cross is applied by the same stamp as the health mark);

"premises" includes any land, building or other place;

"protection zone" means a protection zone declared under article 30 or 31;

"public highway" means a highway maintainable at the public expense;

"raw milk" means milk that has not been heated to more than 40 degrees centigrade or undergone any treatment that has an equivalent effect;

"restricted zone" means a restricted zone declared under article 37;

"seasonings" means salt, mustard, spices and aromatic spice extracts, or aromatic herbs and aromatic herb extracts;

"sell" means sell to the final consumer or user and "sale" in the expression "consign for sale" shall be construed accordingly;

"slaughterhouse" means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which–

"supplementary movement control zone" means a supplementary movement control zone declared under article 18;

"surveillance zone" means a surveillance zone declared under article 30 or 31;

Suina

Artiodactyla

"suspected of being infected" means exhibiting clinical symptoms or showing post-mortem lesions or reactions to laboratory tests such that the presence of disease may reasonably be suspected;

"suspect premises" means any premises declared as suspect premises under article 11(7) or article 13;

"temporary control zone" means a temporary control zone declared under article 15;

"trimmed offal" means any of–

"used litter" means any substance which has been used for the bedding of animals;

"vaccinated" means treated with vaccine against the disease;

"vehicle" includes–

"wild animal infected zone" means a wild animal infected zone declared under article 39.

(2) References in this Order to "emergency slaughter" mean slaughter of animals which are not suspected of infection or contamination and are not on infected premises, where an inspector considers that the circumstances require urgent slaughter (including slaughter for welfare reasons).

(3) References in this Order to "susceptible animals originating in" in respect of a protection zone or surveillance zone or "susceptible animals originating on" in respect of infected premises mean–

(ii) ending with the declaration of the protection zone, surveillance zone or infected premises, as the case may be.

(4) References in this Order to "susceptible animals originating in" in respect of a vaccination zone or temporary control zone or "susceptible animals originating on" in respect of suspect premises or contact premises mean–

Extension of definitions of "animals" and "poultry"
3. For the purposes of the Act in its application to the disease and to this Order–

(a) the definition of "animals" in section 87(1) of the Act is extended to include all four footed beasts;

(b) the definition of "poultry" in section 87(4) of the Act is extended to include all species of birds.

Premises comprising common or unenclosed land
4. In this Order–

(a) common or unenclosed land forms separate premises from other land unless–

(b) a notice which is to be served on the occupier of premises wholly or partially comprising any common or unenclosed land is validly served if served on every keeper of animals kept there (so far as those persons are reasonably ascertainable);

(c) a requirement or restriction imposed on the occupier of premises wholly or partially comprising any common or unenclosed land applies to every keeper of animals kept there.

Licences, certificates and declarations
5. —(1) Licences granted under this Order–

(a) shall be in writing;

(b) may, in addition to any conditions required by this Order, be made subject to such conditions as the Scottish Ministers consider necessary to control the disease; and

(c) may be amended, suspended or revoked in writing at any time.

    (2) Except where otherwise directed by the Scottish Ministers, a licence granted in England, Wales for the same purpose as a licence which may be granted under this Order shall be valid for that purpose in Scotland and its conditions shall apply in Scotland as if it was a licence granted under this Order.

    (3) Certificates issued under this Order shall be in writing.

    (4) Declarations made under this Order shall be in writing and may be amended or revoked by further declaration at any time.

Notices
     6. —(1) Notices issued under this Order–

(a) shall be in writing; and

(b) may be amended or revoked in writing at any time.

(2) A notice which–

(a) is served on the occupier of premises; and

(b) imposes a requirement or restriction in respect of those premises,

shall contain a description of the premises sufficient to enable the extent of the premises to be ascertained.

    (3) Such a description may be amended by a veterinary inspector if the veterinary inspector is satisfied that it does not describe an appropriate area for the purposes of investigating and monitoring the spread of disease in respect of animals which are usually kept together.

Dissemination of information concerning restrictions and requirements
     7. —(1) The Scottish Ministers shall take such steps as they consider fit to ensure that certificates, licences, declarations and notices are brought to the attention of those who may be affected by them as soon as is reasonably practicable.

    (2) They shall also ensure that–

(a) the extent of any zone declared under this Order;

(b) the nature of the restrictions and requirements applicable within the zone;

(c) the date of its declaration; and

(d) the date that declaration ceases to have effect in respect of the zone or any part of it, are publicised.

PART 2
Notification, suspicion and investigation of disease
Notification of disease or suspected disease
     8. —(1) Subject to paragraph (6), a person who has in that person's possession or charge an animal or carcase infected or suspected of being infected shall immediately notify the Divisional Veterinary Manager.

    (2) Subject to paragraph (6), a person who in the course of that person's occupation discovers that an animal or carcase not in that person's possession or charge is infected or suspected of being infected shall immediately notify the Divisional Veterinary Manager.

    (3) If the occupier of any premises notifies the Divisional Veterinary Manager under this article of an animal or carcase at those premises or becomes aware of such a notification, Schedule 2 shall immediately apply in respect of those premises.

    (4) Any constable who receives notification of the disease under section 15(1) of the Act shall immediately inform the Divisional Veterinary Manager.

    (5) Any Divisional Veterinary Manager who receives notification under this article from someone other than the occupier of the premises where the notified animal or carcase is located may serve a notice on the occupier informing the occupier of the notification and Schedule 2 shall then immediately apply in respect of those premises.

    (6) Paragraphs (1) and (2) do not apply to a person in possession of, or carrying, the disease pathogen in accordance with the terms of a licence granted under the Specified Animal Pathogens Order 1998[14].

Notice of suspicion of disease
     9. —(1) If an inspector knows or suspects that disease exists or has in the previous 56 days been present on any premises, the inspector shall immediately serve a notice on the occupier stating that fact and Schedule 2 shall then apply in respect of those premises.

    (2) If an inspector knows or suspects that an animal suspected of being contaminated is on any premises, the inspector shall immediately serve a notice on the occupier stating that fact and Schedule 2 shall then apply in respect of those premises.

Suspicion of disease in animals in transit
     10. —(1) If an inspector knows or suspects that an animal in transit is infected or contaminated the inspector shall immediately serve a notice on the keeper of the animal, or if the keeper is not present, the person in charge of the animal during transit–

    (2) The inspector shall ensure that the occupier of premises to which animals are directed is served with a notice on their arrival stating that those premises are under restriction and Schedule 2 shall then apply in respect of those premises.

    (3) The person in charge of any vehicle detained under paragraph (1)(c) shall cleanse and disinfect it without delay in accordance with Schedule 2 of the Transport of Animals (Cleansing and Disinfection) (Scotland) Regulations 2005[15] and any additional requirements an inspector may by written directions impose.

    (4) The person in charge of any equipment or other thing detained under paragraph (1)(c) shall cleanse and disinfect it in accordance with the directions of an inspector.

Veterinary inquiry into the existence of disease and declaration of suspect premises and infected premises
     11. —(1) The Chief Veterinary Officer (Scotland) shall ensure that the presence or suspicion of infection or contamination is investigated in accordance with this article by a veterinary inspector as soon as is reasonably practicable.

    (2) The Chief Veterinary Officer (Scotland) shall ensure that the presence or absence of disease on every premises within a temporary control zone where susceptible animals are kept or have in the 56 days before the declaration of that zone been kept is investigated in accordance with this article by an officer of the Scottish Ministers as soon as is reasonably practicable.

    (3) The veterinary inspector investigating shall take all steps which the officer considers necessary to determine whether disease exists or has in the 56 days before the commencement of the investigation existed on the premises and the related circumstances.

    (4) Subject to paragraph (5), in taking such steps the veterinary inspector shall ensure that any samples necessary for that determination are taken.

    (5) Sampling shall not be considered necessary on premises which the Chief Veterinary Officer (Scotland) considers to be epidemiologically linked with a primary source for which samples have already been taken.

    (6) The veterinary inspector investigating may mark any animal, carcase or other thing liable to spread disease found on the premises.

    (7) If the veterinary inspector investigating considers it necessary to submit a serological sample for testing to determine whether disease exists or has in the 56 days before the investigation existed on the premises, the veterinary inspector shall declare the premises to be suspect premises.

    (8) The veterinary inspector investigating shall communicate to the Chief Veterinary Officer (Scotland) that inspector's opinion as to whether disease exists or has in the 56 days before the investigation existed on any premises under inquiry.

    (9) If the veterinary inspector's opinion is that disease exists or has in the 56 days before the investigation existed on any premises the veterinary inspector investigating shall also communicate to the Chief Veterinary Officer (Scotland) the veterinary inspector's opinions on at least the following–

(a) the earliest date disease was present there;

(b) the origin of the disease;

(c) any premises which may have been contaminated from the same origin;

(d) the extent to which animals other than bovine or porcine animals may have been infected or contaminated;

(e) any premises to or from which disease may have been carried;

(f) any other premises which the veterinary inspector suspects to be contaminated; and

(g) whether any premises under inquiry comprise two or more separate production units in accordance with article 12.

and in sub paragraphs (c), (e) and (f) "premises" includes premises outside Scotland.

    (10) The Chief Veterinary Officer (Scotland) shall consider and may confirm every opinion communicated under this article.

    (11) If the Chief Veterinary Officer (Scotland) concludes after consideration of any opinion communicated under this article that one or more of the criteria in Schedule 3 are satisfied in respect of any premises, the Chief Veterinary Officer (Scotland) shall advise the Scottish Ministers of that conclusion and the Scottish Ministers shall confirm the existence of the disease and declare those premises to be infected premises.

    (12) A declaration under paragraph (7) or (11) of this article shall be by notice served on the occupier.

    (13) Any infected premises is an infected place for the purposes of the Act.

Separate production units
     12. —(1) The Scottish Ministers may by notice served on the occupier of any premises (other than infected premises) investigated under article 11 declare that they are to be regarded as two or more separate production units if the Chief Veterinary Officer (Scotland) advises at the time of the veterinary inquiry that in the opinion of the Chief Veterinary Officer (Scotland)–

(a) the structure, including the administration and size of the premises, allow, for each separate unit, a complete separation of housing and keeping for their susceptible animals, including separate air space;

(b) the operations on each separate unit, and in particular stable and pasture management, milking, feeding, and removal of dung or manure are completely separated and carried out by different personnel;

(c) the machinery, non-susceptible working animals, equipment, installations, instruments and disinfection facilities used in each separate unit are completely separate; and

(d) each of those sub paragraphs has applied continuously for at least–

(2) A declaration under paragraph (1) shall identify, and designate the boundaries of each separate unit and shall declare every separate unit which is free of disease to be a free unit.

(3) A unit shall cease to be a free unit on–

(a) variation of the notice declaring it such that it is no longer declared to be a free unit, or

(b) revocation of the notice declaring it.

Tracing of possible disease spread
     13. —(1) The Scottish Ministers shall declare premises (other than infected premises) to be suspect premises where the Chief Veterinary Officer (Scotland) suspects them of contamination from premises already declared to be suspect premises or from a suspected case of disease outside Scotland, and so advises the Scottish Ministers.

    (2) The Scottish Ministers may declare premises to be suspect premises where the Chief Veterinary Officer (Scotland) is not reasonably able to exclude an epidemiological link with infected premises or with a confirmed case of the disease, and so advises the Scottish Ministers.

    (3) The Scottish Ministers shall declare premises (other than infected premises or suspect premises) to be contact premises where the Chief Veterinary Officer (Scotland) advises either–

(a) that disease may have been carried there from any premises; or

(b) that disease may have been carried to any premises from there,

and in sub paragraphs (a) and (b) "premises" includes premises outside Scotland.

    (4) Declarations under this article shall be by notice served on the occupier.

    (5) The Scottish Ministers shall ensure that any premises declared to be suspect premises or contact premises under this article are subjected to investigation in accordance with article 11 as soon as is reasonably practicable.

    (6) Where, following a declaration under article 12(1) premises are to be regarded as consisting of separate production units, the Scottish Ministers shall amend any declaration under paragraph (3) to specify to or from which units disease may have been carried and only those units so specified shall form the contact premises.

    (7) Schedule 2 shall apply to suspect premises or contact premises declared under this article.

Maintenance of measures in respect of premises
     14. —(1) If premises are declared to be infected premises, they shall no longer be suspect premises or contact premises.

    (2) Schedule 2 shall continue to apply to premises if they are declared to be infected premises.

    (3) The Scottish Ministers shall not revoke any notice declaring premises to be suspect premises until they are advised by the Chief Veterinary Officer (Scotland) that the Chief Veterinary Officer (Scotland) no longer suspects infection or contamination there.

    (4) The Scottish Ministers shall not revoke any notice declaring premises to be contact premises until they are advised by the Chief Veterinary Officer (Scotland) that Chief Veterinary Officer (Scotland) no longer suspects that disease may have been carried there or from there.

    (5) The Scottish Ministers shall not revoke any notice declaring premises to be infected premises until completion of the final cleansing and disinfection measures in paragraphs 17 to 19 of Schedule 1.

Declaration of temporary control zone
     15. —(1) On the declaration of any suspect premises the Scottish Ministers shall also declare an area around those premises of such size as they think fit to prevent the spread of disease to be a temporary control zone.

    (2) If the Scottish Ministers are satisfied that an animal or carcase in England or Wales is suspected of being infected or contaminated, they may declare a temporary control zone of such size as they think fit to prevent the spread of disease.

    (3) An area shall remain a temporary control zone (or part of one) until–

(a) it becomes part of a protection zone or a surveillance zone; or

(b) the Scottish Ministers are advised by the Chief Veterinary Officer (Scotland) that the Chief Veterinary Officer (Scotland) no longer suspects infection there.

(4) If the Scottish Ministers are advised as mentioned in paragraph (3)(b)–

(i) they shall revoke the declaration creating the temporary control zone in question if the area comprises the whole of that zone; or

(ii) if the area does not comprise the whole of that zone, they shall amend the declaration so as to exclude that area.

    (5) Any amendment or revocation of a declaration creating a temporary control zone shall refer to that declaration and state the date and time it is to take effect.

    (6) Any premises which are partly inside and partly outside a temporary control zone shall be deemed to be wholly inside it.

Measures applicable in respect of a temporary control zone
     16. —(1) No person shall move any susceptible animal into or out of a temporary control zone, except where the movement is–

(a) through the zone without stopping; or

(b) necessary to complete a journey started before the creation of the zone.

(2) Subject to paragraph (3), no person shall move any susceptible animal from or to premises in a temporary control zone (without leaving that zone) except to complete a journey started before the creation of that zone or under the authority of a licence granted by an inspector.

(3) The Scottish Ministers may, after considering the factors in paragraph (4), declare that instead of the restriction in paragraph (2) all the following measures apply in a temporary control zone–

(a) the occupier of any premises in the zone where susceptible animals are kept shall create and maintain a record in accordance with paragraph 1 of Schedule 2;

(b) the occupier of any premises in the zone where susceptible animals are kept shall isolate animals in accordance with paragraph 3 of that Schedule; and

(c) paragraphs 4 to 7 and 10 an 11 of that Schedule apply to premises in the zone where susceptible animals are kept.

(4) When considering a declaration under article 15(1), the Scottish Ministers shall take into account the following factors in respect of the temporary control zone–

(a) the density of the population of susceptible animals;

(b) the intensity of movements of animals or persons having contact with susceptible animals;

(c) any suspected delay in detecting suspicion of infection or contamination;

(d) the information available to them as to the possible origin and method of introduction of the disease virus; and

(e) any other factor they consider relevant in deciding whether such a declaration will help prevent the spread of disease and is reasonable in the circumstances.

(5) The measures in paragraphs (2) and (3) apply–

(a) subject to article 19(2)(b), and

(b) in addition to any requirement or restriction which applies in any part of a temporary control zone because that part falls within–

Supplementary measures in respect of a temporary control zone: straying of susceptible animals
     17. —(1) The keeper of a susceptible animal in a temporary control zone shall take all such steps as are necessary to prevent it from straying from the premises on which it is kept.

    (2) An inspector may detain any stray or feral susceptible animal found in a temporary control zone and if, having made reasonable inquiries, the owner cannot be ascertained, the inspector may arrange for its destruction.

Declaration of supplementary movement control zone
     18. —(1) When a temporary control zone has been declared, the Scottish Ministers may also declare a supplementary movement control zone which–

(a) shall be of such size as they consider fit to prevent the spread of disease; and

(b) shall include that temporary control zone.

(2) An area shall remain a supplementary movement control zone (or part of one) until–

(a) it becomes part of a protection zone or a surveillance zone;

(b) the declaration of the temporary control zone included within it ceases to have effect;

(c) the Scottish Ministers amend the declaration of the supplementary movement control zone so as to exclude that area; or

(d) the Scottish Ministers revoke the declaration of the supplementary movement control zone.

    (3) Any amendment or revocation of a declaration creating a supplementary movement control zone shall refer to that declaration and state the date and time it is to take effect.

    (4) Any premises which are partly inside and partly outside a supplementary movement control zone shall be deemed to be wholly inside it.

    (5) A supplementary movement control zone applies in respect of–

(a) susceptible animals; and

(b) any class of non susceptible animal specified in the declaration in question during a period also specified in that declaration which period shall not exceed 72 hours from the time the declaration was made.

Measures applicable in respect of a supplementary movement control zone
19. —(1) No person shall move any animal in respect of which a supplementary movement control zone applies on to or off any premises in such a zone or into or out of such a zone except where the movement is–

(a) through the zone without stopping; or

(b) necessary to complete a journey started before the creation of the zone; or

(c) the movement of a horse for veterinary treatment under the authority of a licence granted by an inspector.

(2) Paragraph (1) applies–

(a) without prejudice to article 16(1);

(b) in a temporary control zone in place of article 16(2) or, where the temporary control zone was declared under article 16(3), paragraph 4 of Schedule 2; and

(c) in addition to any requirement or restriction which applies in any part of a supplementary movement control zone because of–

(3) An inspector granting a licence under paragraph (1)(c) shall take account of the recommended measures in paragraph 2.1 of Annex VI to the Directive.

PART 3
Measures following confirmation of disease
Tracing of products originating on infected premises
     20. —(1) The Scottish Ministers shall trace all milk, milk products, meat, meat products, carcases, hides, skins, wool, semen, ova and embryos derived from susceptible animals originating on infected premises.

    (2) After tracing any semen, ovum or embryo, the Scottish Ministers shall, by notice served on the person in charge of it, direct that person to dispose of it in such a way as to ensure destruction of disease virus.

    (3) After tracing any other item referred to in paragraph (1), the Scottish Ministers shall, by notice served on its owner, or if the owner is not readily ascertainable the person in charge of it, direct the owner or that person to either–

Notice of intention to slaughter animals
21. —(1) Subject to paragraph (2), before causing the slaughter of animals as described in regulation 8(2) or 9(1) of the Regulations, the Scottish Ministers shall give notice of their intention to cause such slaughter–

(a) to the occupier of the premises where the animals are kept; or

(b) where the animals are in transit, to the person in charge of them.

    (2) Paragraph (1) does not apply where the Scottish Ministers intend to cause the slaughter of a stray or feral animal detained by an inspector under article 17(2) or under Schedule 4, paragraph 2(2) or Schedule 6, paragraph 5(2).

Sampling and clinical examination of susceptible animals before slaughter
     22. Where the Scottish Ministers give notice of their intention to cause slaughter of animals as described in regulation 8(2) or 9(1) of the Regulations, they shall ensure that any sampling and clinical examination they consider necessary to carry out the veterinary inquiry in article 11 is undertaken before, or immediately following, such slaughter.

Place of slaughter
     23. —(1) This article applies where the Scottish Ministers give notice of their intention to cause slaughter of animals as described in regulation 8(2) or 9(1) of the Regulations.

    (2) Subject to paragraph (3), where the animals to be slaughtered are on premises, slaughter shall take place there without delay.

    (3) Paragraph (3) shall not apply where–

(a) in the opinion of the Scottish Ministers exceptional circumstances exist which would make slaughter on those premises an unsatisfactory method of disease control; or

(b) the premises are a slaughterhouse or border inspection post,

in which case the Scottish Ministers may direct that slaughter be carried out at another place which they consider satisfactory for the purpose of preventing the spread of disease.

    (4) Where the animals to be slaughtered are in transit, they shall be transported to another place at the direction of the Scottish Ministers as soon as is reasonably practicable and before slaughter.

    (5) In directing transport to another place under this article the Scottish Ministers shall grant a licence under paragraphs 4(6), 7(d) and 10(b) of Schedule 2 authorising movement of the animals, persons and vehicles necessary for that action under such conditions as they think fit to minimise the risk of spread of disease.

Slaughter: control of carcases
     24. —(1) This article shall apply to premises where the Scottish Ministers have caused the slaughter of animals as described in regulation 8(2) or 9(1) of the Regulations.

    (2) No person shall move any carcase of a susceptible animal from premises to which this article applies except for disposal and under the authority of a licence granted by the Scottish Ministers.

    (3) The Scottish Ministers shall ensure that every carcase to which this article applies is disposed of without undue delay, and in so ensuring–

(a) they may serve a notice on the occupier requiring immediate disposal or disposal within a specified period; and

(b) they shall grant any necessary licence under paragraph (2).

Slaughter: control of faecal material
25. —(1) This article applies to premises where the Scottish Ministers have caused the slaughter of animals as described in regulation 8(2) or 9(1) of the Regulations.

(2) No person shall move any dung, manure, slurry or used litter of susceptible animals from premises to which this article applies except–

(a) for disposal and under the authority of a licence granted by the Scottish Ministers after consulting the Chief Veterinary Officer (Scotland) and specifying a manner of disposal such as to ensure destruction of the disease virus; or

(b) following disinfection, for treatment of such material from a slaughterhouse or border inspection post in accordance with point 5 of Section II in Part A of Chapter III of Annex VIII to Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption, as amended[

Slaughter: isolation of things liable to spread disease
26. —(1) This article applies to the occupier of any premises where the Scottish Ministers have caused the slaughter of animals as described in regulation 8(2) or 9(1) of the Regulations.

(2) Subject to paragraph (3) a person to whom this article applies shall isolate all milk, milk products, meat, meat products, carcases, hides and skins, wool, semen, embryos, ova, slurry, manure, animal feed and litter on the premises until–

(a) the Scottish Ministers certify all such items are free of contamination; or

(b) all such items have been treated in accordance with the directions of an inspector; or

(c) the Scottish Ministers grant a licence authorising any such item to be removed from the premises to be treated in accordance with Regulation (EC) No. 1774/2002, as amended, following which any such item may then be removed and treated in that way and in accordance with the conditions of that licence.

(3) Paragraph (2) shall not apply to milk on free units where this is authorised by a licence granted by the Scottish Ministers and such licence shall contain terms requiring that–

(a) where it is for human consumption, milk is subjected to one of the treatments in paragraph 13 of Schedule 5; or

(b) where it is not for human consumption, milk is subjected to one of the treatments in paragraph 14 of Schedule 5.

Slaughter: cleansing and disinfection of premises other than slaughterhouses and border inspection posts
27. —(1) This article applies to any premises other than a slaughterhouse or border inspection post, where the Scottish Ministers have caused the slaughter of animals as described in regulation 8(2) or 9(1) of the Regulations and to any vehicle on those premises, after the disposal of all carcases in accordance with article 24 and isolation of the items referred to in article 26(2).

(2) The Scottish Ministers shall ensure that the following parts of premises to which this article applies, are cleansed and disinfected in accordance with Schedule 1–

(a) all buildings, parts of the premises and vehicles used to carry susceptible animals and any other thing or place on the premises which may be contaminated are cleansed and disinfected in accordance with Schedule 1; and

(b) where there is reasonable suspicion that any part of the premises normally used by humans to the exclusion of animals (including a dwelling) is contaminated with disease, that part of the premises is cleansed and disinfected in accordance with Schedule 1.

Slaughter: cleansing and disinfection of slaughterhouses and border inspection posts
28. —(1) This article applies to a slaughterhouse or border inspection post where the Scottish Ministers have caused slaughter as described in regulation 8(2) or 9(1) of the Regulations, and to any vehicle there, after the disposal of all carcases in accordance with article 24 and, if article 25(2)(a) applies, removal for disposal of the items referred to in that paragraph.

(2) The Scottish Ministers shall ensure that–

(a) every building and place, and any equipment, vehicle and any other thing which may be contaminated on premises to which this article applies are cleansed and disinfected in accordance with Schedule 1; and

(b) no animal is brought on to the premises until at least 24 hours after completion of the final cleansing and disinfection measures in paragraphs 17 to 19 of Schedule 1.

Restocking of premises
     29. —(1) This article applies to any premises where the Scottish Ministers have caused the slaughter of animals as described in regulation 8(2) or 9(1) of the Regulations.

    (2) No person shall restock premises to which this article applies except under the authority of a licence granted by the Scottish Ministers and in accordance with Schedule 9.

    (3) No licence shall be granted allowing restocking to commence–

(a) on premises to which paragraph 24 of Schedule 1 applies until one year has elapsed following completion of such cleansing and disinfection as is undertaken; or

(b) on premises to which that paragraph does not apply, until 21 days after completion of the final cleansing and disinfection measures in paragraphs 17 to 19 of Schedule 1 on the premises.

Declaration of protection and surveillance zones on confirmation of the disease in Scotland
30. —(1) The Scottish Ministers shall, on confirmation of the disease on premises in Scotland, other than–

(a) a slaughterhouse or border inspection post; or

(b) premises to which infected or contaminated animals have been transported under article 10(1)(b),

declare a protection zone and a surveillance zone in such part of Scotland as they think fit.

(2) The Scottish Ministers may, on confirmation of the disease–

(a) at a slaughterhouse or border inspection post in Scotland,

(b) at premises in Scotland to which infected or contaminated animals have been transported under article 10(1)(b),

declare a protection zone and a surveillance zone in such part of Scotland as they think fit to prevent the spread of the disease.

(3) A declaration under this article shall designate–

(a) the extent of the protection zone which shall be an area centred on the infected premises and of at least three kilometres radius; and

(b) the extent of the surveillance zone which shall be an area centred on the same premises and of at least ten kilometres radius.

Declaration of protection zones and surveillance zones on confirmation of the disease in England or Wales
     31. —(1) This article applies if the Scottish Ministers are satisfied that the disease is present in England or Wales.

    (2) If the Scottish Ministers are satisfied that the disease is present at premises (other than a slaughterhouse or border inspection post) in England which are within 10km of the border with Scotland they shall declare a surveillance zone in Scotland; if the premises are within 3km of the border they shall be under a duty also to declare a protection zone, otherwise, they may do so.

    (3) If the Scottish Ministers are satisfied that the disease is present at–

(a) any premises in England or Wales further than 10km from the border with Scotland; or

(b) a slaughterhouse or border inspection post in England within 10km of the border with Scotland,

they may declare a protection zone, a surveillance zone, or both, in Scotland.

    (4) A zone declared under this article shall be of such size as the Scottish Ministers think fit so as to prevent the spread of disease.

    (5) A declaration under this article shall designate the extent of any zone declared and such extent may include part of the border with England.

    (6) In this article border inspection post means

(a) in relation to England, a place specified as a border inspection post in Schedule 2 to the Animals and Animal Products (Import and Export) (England) Regulations 2005[

Protection zones and surveillance zones: general provisions
     32. —(1) The Scottish Ministers may, if they consider necessary, review the extent of any protection or surveillance zone declared.

    (2) In determining the geographical extent of a protection zone and a surveillance zone, the Scottish Ministers shall take into account administrative boundaries, natural barriers, supervision facilities and information as to probable dispersion of the disease virus by air or other means.

    (3) Any premises which are partly inside and partly outside a protection zone shall be deemed to be wholly inside that zone.

    (4) Any premises (except premises which are also partly inside a protection zone) which are partly inside and partly outside a surveillance zone shall be deemed to be wholly inside that zone.

    (5) Any protection zone or surveillance zone is an infected area for the purposes of the Act.

Measures applicable in respect of protection zones and surveillance zones
     33. —(1) The measures in Parts 1 and 2 of Schedule 4 apply in respect of a protection zone and those in Parts and 3 of Schedule 4 apply in respect of a surveillance zone.

    (2) The Scottish Ministers may declare that any other measure they think fit so as to prevent the spread of disease shall apply in respect of the whole or any part of any protection zone or surveillance zone and any such measure shall then apply in respect of that protection zone or surveillance zone or that part of it.

    (3) The Scottish Ministers shall not make a declaration under paragraph (2), unless they are satisfied that the measures to be applied by that declaration are–

(a) necessary to prevent the spread of disease; and

(b) a proportionate method of preventing such spread, taking into account the epidemiological, animal husbandry, commercial and social conditions in the protection zone or surveillance zone.

    (4) If the Scottish Ministers restrict the movement of horses in a surveillance zone by a declaration under paragraph (2), they shall take into account the recommended measures in paragraph 2.2 of Annex VI to the Directive.

    (5) An area shall remain a protection zone or surveillance zone until the declaration creating it is amended or revoked in accordance with article 36.

Veterinary inspection of premises in protection zones and surveillance zones
     34. —(1) The Scottish Ministers shall ensure that each premises within a protection zone or a surveillance zone keeping susceptible animals is inspected as regularly as they think fit by a veterinary inspector.

    (2) A veterinary inspector inspecting premises under this article shall ensure that the inspection includes–

(a) clinical inspection of all susceptible animals; and

(b) inspection of the records required to be created and maintained by paragraph 1 of Schedule 4.

Power to prohibit entry to land or agricultural buildings in a protection zone
35. —(1) Subject to paragraph (2), and with the prior written consent of the Scottish Ministers, an inspector may, notwithstanding the existence of any public footpath or other right of way, prohibit the entry of any person–

(a) on to any land (excluding buildings but including any common, unenclosed or waste land); or

(b) into any agricultural building (excluding any dwellinghouse),

in a protection zone by causing a notice to that effect to be displayed at every entrance to that land or building.

(2) No person other than–

(a) the owner of any animal on that land or in that building or a person authorised by him, who enters for the purpose of tending that animal; or

(b) a person entering under the authority of a licence granted by an inspector,

shall enter any land or building in respect of which a notice is displayed under paragraph (1).

    (3) No person shall remove or alter a notice displayed under this article except at the direction of an inspector.

    (4) Any prohibition on entry to land or buildings imposed under this article is revoked if the declaration creating the protection zone is amended in accordance with article 36 so that the protection zone becomes part of a surveillance zone.

    (5) Any prohibition on entry to land or buildings imposed under this article may be revoked in whole or in part by–

(a) the removal of all relevant notices in accordance with the directions of an inspector; or

(b) a declaration of the Scottish Ministers.

Amendment and revocation of declarations creating protection zones and surveillance zones
36. —(1) The Scottish Ministers may, where they are satisfied that the conditions in paragraph (2) are met, amend the declaration creating a protection zone so that the area within its boundaries becomes part of the surveillance zone centred on the same premises.

(2) The conditions for amendment of a declaration creating a protection zone are–

(a) at least 15 days have elapsed since the completion of any preliminary cleansing and disinfection in that protection zone; and

(b) a survey of all susceptible animals to substantiate the absence of infection has been carried out on behalf of the Scottish Ministers in that protection zone with negative results.

(3) The Scottish Ministers may, where they are satisfied that the conditions in paragraph (4) are met, revoke the declaration creating a surveillance zone.

(4) The conditions for revocation of a declaration creating a surveillance zone are–

(a) at least 30 days have elapsed since completion of any preliminary cleansing and disinfection in the area within the boundaries of that surveillance zone;

(b) if the declaration creating that surveillance zone also created a protection zone centred on the same premises, it has previously been amended so that the protection zone has become part of the surveillance zone;

(c) if the declaration creating that surveillance zone did not create a protection zone centred on the same premises, any zone in England or Wales having equivalent effect to a protection zone and centred on the same premises as that surveillance zone is no longer in effect; and

(d) a survey of susceptible animals to substantiate the absence of infection has been carried out in that surveillance zone since that amendment on behalf of the Scottish Ministers with negative results.

    (5) An amendment or revocation under this article shall refer to the declaration creating the protection zone and surveillance zone and specify the date and time the amendment or revocation is to take effect.

    (6) In this article, "preliminary cleansing and disinfection" means cleansing and disinfection required by articles 27 and 28, undertaken in accordance with paragraphs 14 and 15 of Schedule 1 and ending 24 hours after the application of disinfectant.

Declaration of restricted zone
     37. —(1) The Scottish Ministers may, on confirmation of the disease on premises in Great Britain, declare a restricted zone in such part of Scotland of such size as they think fit to prevent the spread of the disease–

(a) where, following a thorough epidemiological assessment, the Scottish Ministers, having consulted the Chief Veterinary Officer (Scotland), are of the opinion that, despite the measures already taken, the disease appears to be spreading; or

(b) when emergency vaccination is implemented in Great Britain or any part thereof.

    (2) Where paragraph (1)(b) applies, the restricted zone shall cover at least the vaccination zone insofar as it is within Scotland.

    (3) The epidemiological assessment shall include consideration of the possible time and probable location of the introduction of disease to Great Britain, its possible spread and the probable period of time necessary to eradicate it.

    (4) An area shall remain a restricted zone (or part of one) until–

(a) such date as may be stated in the declaration;

(b) the Scottish Ministers amend the declaration to exclude that area; or

(c) the Scottish Ministers revoke the declaration.

(5) Any amendment or revocation of a declaration creating a restricted zone shall refer to that declaration and state the date and time it is to take effect.

(6) Any premises which are partly inside and partly outside a restricted zone shall be deemed to be wholly inside that zone except premises which are also partly inside–

(a) a temporary control zone;

(b) a supplementary movement control zone;

(c) a protection zone;

(d) a surveillance zone;

(e) a vaccination zone;

(f) a vaccination surveillance zone; or

(g) a wild animal infected zone.

Measures applicable in restricted zones
     38. —(1) The measures in Schedule 6 to this Order apply to a restricted zone in addition to any requirements or restriction applying in any part of it because of a zone listed in paragraph 37(6).

    (2) The Scottish Ministers may declare that any other measure they think fit so as to prevent the spread of disease applies in respect of the whole or any part of any restricted zone and any such measure shall then apply in respect of that restricted zone or that part of it.

Confirmation of the disease in wild animals and declaration of a wild animal infected zone
     39. —(1) The Scottish Ministers shall, on confirmation of the disease in any wild animal in Great Britain declare an area to be a wild animal infected zone in such part of Scotland and of such size as they think fit to prevent the spread of disease.

    (2) A wild animal infected zone shall remain in effect until–

(a) the Scottish Ministers amend the declaration to exclude that area; or

(b) the Scottish Ministers revoke the declaration.

    (3) Any amendment or revocation of a declaration creating a wild animal infected zone shall refer to that declaration and state the date and time it is to take effect.

    (4) Any premises which are partly inside and partly outside a wild animal infected zone shall be deemed to be wholly inside that zone.

    (5) Any wild animal infected zone is an infected area for the purposes of the Act.

Measures applicable in wild animal infected zones
     40. —(1) The measures in Schedule 7 of this Order apply in a wild animal infected zone in addition to any measures applying in any part of it because of–

(i) a protection zone;

(ii) a surveillance zone;

(iii) a vaccination zone; or

(iv) a vaccination surveillance zone.

(2) The Scottish Ministers may declare that any other measure they think fit so as to prevent the spread of disease applies in respect of the whole or any part of any wild animal infected zone and any such measure shall then apply in respect of that wild animal infected zone or part of it.

PART 4
Horses
Specific provision as to the movement of horses
     41. Schedule 8 to this Order, which makes specific provision as to horses, shall apply.

PART 5
General and supplementary provisions
Production of licences and unloading after certain licensed movements of susceptible animals
     42. —(1) Every person issued with a licence under this Order shall, while executing the activity permitted by that licence, carry the licence and produce it to an inspector on demand.

    (2) Paragraphs (3) and (4) apply where any of the following licences are granted for movement of susceptible animals between premises, unless that licence provides otherwise–

(3) Where this paragraph applies, no person shall unload susceptible animals at premises to which they are moved unless that person first gives the movement licence to the occupier of those premises or the occupier's authorised representative.

(4) Where this paragraph applies, the occupier of any premises to which susceptible animals are moved shall–

Further provision relating to certain premises
43. —(1) This article applies to the following premises–

(a) a laboratory, zoo, wildlife park or other premises where susceptible animals are kept principally for the purposes of display and education of the public, or an enclosed area principally used for shooting;

(b) premises not falling within sub paragraph (a) of a body, institute or centre which–

(i) keeps susceptible animals only for the purposes of conservation, display and education of the public, or scientific research or breeding of such animals for research; and

(ii) is approved in relation to those animals under regulation 9 of the Animal and Animal Products (Import and Export) (Scotland) Regulations 2000[

(c) other premises where susceptible animals are kept for scientific purposes or purposes related to conservation of species or farm animal genetic resources.

(2) The Scottish Ministers shall take such steps as they consider necessary to prevent the spread of disease to premises to which this article applies.

(3) In taking such steps, the Scottish Ministers may–

(c) require the removal, cleansing and disinfection or destruction of the clothing or footwear of any person by serving notice on that person requiring it;

(d) require any person to cleanse himself by serving a notice requiring it on him;

(e) require the detention or isolation in a specified place of any animal or poultry on premises to which this article applies by serving a notice requiring it on the occupier, or on its keeper;

(f) require the separation of any animal or poultry from other animals or poultry on premises to which this article applies by serving a notice requiring it on the occupier of the premises, or on its keeper;

(g) prohibit the movement of any animal on to or from premises to which this article applies, or make such movement subject to the grant of a licence by serving a notice on the occupier prohibiting it or prohibiting it except under licence;

(h) prohibit the movement of any person or persons on to premises to which this article applies and which are open to the public, or make such movement subject to the grant of a licence by serving a notice on the occupier prohibiting it or prohibiting it except under licence.

Duty of the local authority to erect signs
44. The local authority shall ensure that the boundaries of the following zones are indicated by signs erected in a conspicuous position on those roads entering the zones on which it considers susceptible animals are likely to be moved as soon as is reasonably practicable after declaration of the zones–

(a) every temporary control zone;

(b) every supplementary movement control zone;

(c) every protection zone;

(d) every surveillance zone;

(e) every restricted zone;

(f) every wild animal infected zone.

Cleansing and disinfection of vehicles transporting susceptible animals
45. —(1) Subject to paragraph (3), where cleansing and disinfection of any vehicle in accordance with this article is required, it shall be carried out in accordance with Schedule 2 of the Transport of Animals (Cleansing and Disinfection) (Scotland) Order 2005 and with any additional directions an inspector may give by serving a notice on the person in charge of the vehicle.

(2) Such cleansing and disinfection shall be undertaken–

(a) before loading; and

(b) after unloading and before leaving the premises of destination.

    (3) Such cleansing and disinfection shall also be undertaken after loading and before leaving the premises of origin in respect of the wheels and wheel arches only of the vehicle to ensure they are clean on leaving the premises.

Cleansing and disinfection of vehicles: provision of facilities, equipment and materials
     46. Where cleansing and disinfection of vehicles is required at any premises by this Order or by virtue of a licence granted or directions given under it, the occupier of those premises shall, at that person's own expense, provide adequate facilities and proper equipment and materials for that cleansing and disinfection.

Marks applied under this Order
     47. No person shall remove, obscure or erase a mark applied to any animal, carcase, animal product, vehicle or other thing under this Order unless an inspector has given written authority.

Change of occupation of premises under restriction
     48. —(1) This article applies if the keeper of any animal or poultry is unable to move it from premises on the termination of the keeper's right of occupation because of a restriction imposed by or under this Order and continues to apply for 7 days after the last such restriction is removed.

    (2) Where this article applies, the person entitled to occupation of the premises on that termination shall–

(a) provide such facilities for feeding, tending or otherwise using such animal or poultry (including selling it) as the keeper may reasonably require; and

(b) allow entry to the premises to that keeper and any person authorised by that keeper at reasonable times for feeding, tending or otherwise using such animal or poultry.

    (3) If the keeper is unable or unwilling to feed or tend such animal or poultry, the person entitled to occupation of the premises shall take such steps as are necessary to ensure the animal or poultry is properly fed and tended.

    (4) The keeper of the animal or poultry is liable to pay the reasonable costs incurred under this article by any person feeding or tending that animal or poultry, or providing facilities for feeding, tending or otherwise using it under this article.

Reasonable assistance
     49. Any person required to give reasonable assistance or information to a person acting in the execution of this Order for the performance of the latter person's functions under it shall, unless that person has reasonable cause, do so without delay.

False information
     50. No person shall furnish information which that person knows to be false or misleading to a person acting in the execution of this Order.

Production of records
     51. —(1) Any person required to produce a record by a person acting under this Order shall do so without delay.

    (2) On such production, a person acting under this Order may–

(a) copy any records, in whatever form they may be held;

(b) remove any records to enable them to be copied, or where they are kept electronically; require them to be produced in a form which may be taken away.

    (3) A person removing records under this article shall give a written receipt to the person in charge of them.

Compliance with notices and directions
     52. —(1) Any notice served under this Order shall be complied with at the expense of the person on whom it is served, except where otherwise provided in that notice.

    (2) Any direction given under this Order shall be complied with at the expense of the person to whom it is given, except where otherwise provided in a written direction of the Scottish Ministers.

Retention of records
     53. Any person making a record required by this Order shall retain it for the following period–

(a) for a record made under paragraph 12 of Schedule 1, six years unless the record relates solely to the cleansing and disinfection of a vehicle, in which case six months;

(b) for a record made under–

three years after the requirement to maintain records in the relevant paragraph ceases to have effect in relation to the premises.

General powers of veterinary inspectors to take action to prevent the spread of disease
54. —(1) This article applies–

(a) in any zone declared under this Order, that is to say–

(b) on any premises subject to restriction under this Order, that is to say–

(2) Where this article applies, a veterinary inspector may, if the veterinary inspector considers it necessary to prevent the spread of disease require–

(a) the detention and isolation of any vehicle, equipment or other thing and its subsequent cleansing and disinfection by serving a notice requiring such action on the occupier of the premises where it is present, or on the person in charge of it;

(b) the cleansing and disinfection of–

(c) the removal, laundering, cleansing and disinfection or destruction of the clothing or footwear of any person by serving a notice on that person requiring it;

(d) a person to cleanse himself by serving a notice on that person requiring it;

(e) the detention or isolation in a specified place of any animal or poultry by serving a notice requiring it on the occupier of the premises where it is present, or on its keeper;

(f) the separation of any animal or poultry from other animals or poultry by serving a notice requiring it on the occupier of the premises where it is present, or on its keeper.

    (3) A notice under this article may contain such directions and conditions as the person serving it considers necessary to prevent the spread of disease.

    (4) The powers conferred on a veterinary inspector by this article are without prejudice to powers conferred by any other provision of this Order.

Powers of inspectors in case of default
     55. —(1) Where a person fails to comply with a requirement of this Order or a licence granted, notice served or direction given under it, an inspector may take any steps which the inspector considers necessary to ensure the requirement is met.

    (2) Where a person fails to comply with a requirement of this Order or a licence granted, notice served or direction given under it an inspector may take any steps which the inspector considers necessary to rectify the situation so as to prevent the spread of disease.

    (3) In taking steps under paragraph (1) or (2), an inspector may seize any animal moved, kept or otherwise dealt with in contravention of this Order or a notice served, licence granted or direction made under it and detain or dispose of it.

    (4) In taking steps under paragraph (2), an inspector may by notice served on any person direct that person to take or refrain from specified action in respect of any place, animal, poultry, vehicle, animal product or other thing.

    (5) Any steps taken are without prejudice to proceedings for an offence arising out of the default.

    (6) The person in default shall reimburse any reasonable expenses incurred by the Scottish Ministers or the local authority in taking such steps.

Offences by body corporate
     56. —(1) Where a body corporate is guilty of an offence against the Act, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of–

(a) any director, manager, secretary or other similar officer of the body corporate; or

(b) any person who was purporting to act in any capacity,

he as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished accordingly.

(2) For the purposes of paragraph (1), "director" in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate and "body corporate" includes a partnership in Scotland, and, in relation to such a partnership, a reference to a director or other officer of a body corporate is a reference to a partner.

Offences: no knowledge of restriction or requirement
57. No person shall be guilty of failing to comply with a restriction or requirement imposed by declaration of–

(a) a temporary control zone;

(b) a supplementary movement control zone;

(c) a protection zone;

(d) a surveillance zone;

(e) a restricted zone; or

(f) a wild animal infected zone

if that person shows to the court's satisfaction that the person did not know of that restriction or requirement and that the person could not with reasonable diligence have obtained knowledge of it.

Enforcement
     58. —(1) Subject to paragraphs (2) and (3), this Order shall be enforced by the local authority.

    (2) This Order shall be enforced in relation to slaughterhouses by the Scottish Ministers.

    (3) The Scottish Ministers may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this Order shall be discharged by the Scottish Ministers and not by the local authority.

PART 6
Amendments and revocations
Amendment to the Diseases of Animals (Approved Disinfectants) Order 1978
     59. In article 2 of the Diseases of Animals (Approved Disinfectants) Order 1978[20], for the definition "Foot and Mouth Disease Orders", substitute "Foot and Mouth Disease Orders means the Foot-and-Mouth Disease (Scotland) Order 2006 and the Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006".

Amendment to the Foot-and-Mouth Disease (Ascertainment of Value) (Scotland) (No. 4) Order 2001
     60. In the Foot-and-Mouth Disease (Ascertainment of Value) (Scotland) (No. 4) Order 2001[21] in article 2(6), after the words "Animal Health Act 1981", insert "or regulation 8(2) or 9(1) of the Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006".

Revocations
     61. The Orders and Regulations listed in Schedule 10 are revoked to the extent specified in that Schedule.

ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
6th February 2006

SCHEDULE 1Articles 27(2) and 28

Cleansing and Disinfection of premises

PART 1
General procedures for cleansing and disinfection of premises
     1. This Part applies to all cleansing and disinfection of premises (including cleansing and disinfection of vehicles, equipment and other things liable to spread disease on those premises).

     2. The Scottish Ministers may by notice served on the occupier of any premises direct that any cleansing and disinfection operation shall be carried out by that person and such notice shall specify whether such cleansing and disinfection is to be carried out at the expense of that person or at the expense of the Scottish Ministers.

     3. Every person carrying out cleansing or disinfection of premises under this Order shall do so in accordance with this Schedule and with any directions given by an inspector.

     4. Disinfectants shall be–

(a) approved for use for the purposes of this Order and the Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 by the Diseases of Animals (Approved Disinfectants) Order 1978[

     5. Used litter and faecal matter shall be thoroughly soaked with disinfectant.

     6. After carrying out operations described in paragraph 5, all surfaces which may be contaminated shall be subject to a further application of disinfectant for a minimum contact time as stipulated in the manufacturer's recommendations.

     7. All surfaces which may be contaminated shall be brushed and scrubbed thoroughly, in particular floors, ramps, walls and the ground, followed by an application of disinfectant.

     8. Equipment or other things obstructing thorough cleansing and disinfection shall be moved or dismantled where this is reasonably practicable.

     9. Water used for cleansing shall be disposed of so as to minimise the risk of spread of the disease virus.

     10. Washing of surfaces with liquids under pressure shall be carried out so as to minimise any risk of contamination.

     11. Equipment, installations or other things which may be contaminated shall be cleansed and disinfected or destroyed.

     12.

    (1) All cleansing and disinfection operations shall be recorded in writing by the person carrying it out.

    (2) The record shall include the date and time of the operation.

    (3) The person in charge of a vehicle which is cleansed and disinfected under this Schedule shall ensure, so far as is possible, that the record is kept with the vehicle at all times.

PART 2
Cleansing and disinfection of infected premises
     13. This Part applies to the cleansing and disinfection of infected premises.

Preliminary disinfection of infected premises
     14. Cleansing and disinfection shall be carried out during and immediately following slaughter so as to minimise the risk of disease spread and in accordance with the directions of an inspector.

     15. Following slaughter–

     16. Disinfectant shall not be removed for at least 24 hours after application.

Final cleansing and disinfection of infected premises
     17. Grease and dirt shall be removed from all surfaces by the application of a degreasing agent and washed with water.

     18. Following degreasing and washing with water, disinfectant shall be reapplied.

     19. At least seven days after the reapplication of disinfectant, the operations in paragraphs 17 and 18 shall be repeated, followed by final washing with water.

PART 3
Disinfection of contaminated used litter, manure and slurry
     20. This Part shall apply to the disinfection of contaminated used litter, manure and slurry on premises except to the extent that it is varied by a notice served on the occupier by the Scottish Ministers.

     21. The bedding and the solid phase of manure shall be stacked to heat. Unless otherwise directed by the Scottish Ministers this shall be achieved by adding 100kg granulated quick lime to each 1m3 of material. The stack shall be heated to a temperature of at least 70°C throughout, sprayed with disinfectant and left for at least 42 days. During this period the stack shall either be covered or re-stacked so as to ensure thermic treatment of all layers.

     22. —(1) The slurry and the liquid phase of manure shall be stored for at least the period in sub paragraph (2) after the last addition of infective material.

    (2) The period for the purposes of sub paragraph (1) is 42 days or such other period as the Scottish Ministers directs by notice served on the occupier having taken into account–

PART 4
Special cases
     23. Where the Scottish Ministers are satisfied that, for technical or security reasons, cleansing and disinfection of premises cannot be completed in accordance with the preceding requirements of this Schedule, they shall serve a notice on the occupier notifying the occupier of that opinion and paragraph 24 then applies to those premises.

     24. Cleansing and disinfection of premises served with a notice under paragraph 23 shall be carried out in accordance with the directions of an inspector in such a manner as to minimise the risk of the spread of the disease virus.

SCHEDULE 2Articles 8(3), 8(5), 9(1) and (2) 10(2), 13(7) and 16(3)

Measures applicable to premises on suspicion or confirmation of disease

Record keeping
     1. —(1) Subject to sub paragraph (4), the occupier shall create and maintain the following records in respect of the premises–

and immediately communicate such records to the Divisional Veterinary Manager in the form required.

(2) Records shall be kept in a form approved for the purpose by the Scottish Ministers.

(3) The occupier shall–

(4) This paragraph does not apply to any person subject to paragraph 1 of Schedule 4.

Signs publicising infection or suspicion
2. The occupier shall ensure that–

Isolation, removal and detention of susceptible animals
3. —(1) The occupier shall ensure that susceptible animals are kept in their living quarters or otherwise isolated from persons not attending them and from non-susceptible animals.

(2) On service of a notice by an inspector requiring it the occupier shall–

    (3) No person shall move any animal isolated or detained under a notice served under sub paragraph (2) except under the authority of a licence granted by an inspector.

Movement of susceptible animals
     4. —(1) Subject to the provisions of this paragraph no person shall move any susceptible animal on to or off the premises.

    (2) The prohibition in sub paragraph (1) does not apply to susceptible animals leaving contact premises (other than contact premises in a temporary control zone)–

    (3) No inspector shall grant a licence under sub paragraph (2)(b) unless the inspector is satisfied that the animals to be moved have been clinically examined by a veterinary inspector with a negative result and the slaughterhouse is the nearest slaughterhouse to the premises with capacity to slaughter the animals.

    (4) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub paragraph (2)(b) shall ensure that it is cleansed and disinfected without delay in accordance with article 45.

    (5) The prohibition in sub paragraph (1) shall not apply to animals entering or leaving free units (other than free units in a temporary control zone).

    (6) The prohibition in sub paragraph (1) shall not apply to the movement of animals from infected premises for slaughter under the authority of a licence granted by the Scottish Ministers due to the existence of exceptional circumstances.

    (7) The prohibition in sub paragraph (1) shall not apply to movement from one part of premises to another part of the same premises using a public highway if it is authorised by a licence granted by a veterinary inspector or by an inspector at the direction of a veterinary inspector.

Movement of things liable to transmit disease
     5. —(1) Subject to the provisions of this paragraph, no person shall move from the premises any meat, carcase, meat product, milk, milk product, semen, ovum or embryo of a susceptible animal.

    (2) Where the Scottish Ministers are satisfied that, due to storage difficulties, it is not reasonable to require milk to be kept on the premises, they may–

    (3) Transport of milk under the authority of a licence granted under sub paragraph (2)(b) shall be carried out in a vehicle which an inspector has approved as equipped to ensure that there is no risk of spreading disease.

    (4) If the Scottish Ministers grant a licence under sub-paragraph (2)(b), they shall serve a notice on the person in charge of the premises to which milk is transported directing the method of disposal or treatment.

Movement of fodder
     6. No person shall move from the premises or cause or permit to be moved any fodder, utensils, wool, hide or skin, bristles, animal waste, slurry, manure or any other thing liable to transmit disease except under the authority of a licence granted by the Scottish Ministers.

Movement of persons on to or off the premises
     7. No person shall enter or leave the premises unless–

Cleansing and disinfection of clothing, etc
8. —(1) No person shall enter or leave the premises–

(2) No person shall enter any part of the premises–

unless wearing clothing and footwear approved by an inspector.

(3) No person shall leave any such part of the premises without having cleansed and disinfected that person's hands to the satisfaction of an inspector and having either–

    (4) A notice under sub paragraph (3)(b) shall specify the required method of laundering, cleansing and disinfection or disposal.

Disinfection
     9. —(1) The occupier shall provide and renew such clean water and means of disinfection as an inspector directs at every entrance to the premises and at every entrance to a building where susceptible animals are kept.

    (2) The occupier shall ensure that any slurry or shed washings are disinfected in accordance with the directions of an inspector before they are permitted to drain or escape from any part of the premises where an infected animal or an animal suspected of being infected or contaminated is or has been kept.

Movement of vehicles on to or off the premises
     10. No person shall move any vehicle on to or off the premises unless the movement is–

Movement of non-susceptible animals
11. No person shall move from the premises any non-susceptible animal unless authorised to do so by a licence granted by the Scottish Ministers.

Control of rodents
12. The occupier shall take steps to destroy any rats, mice and other rodents on the premises (other than pet rats, mice and other rodents) so far as this is possible.

SCHEDULE 3Article 11(11)

Criteria for confirming the disease

     1. Disease virus has been isolated from an animal, any product derived from that animal, or its environment.

     2. Clinical signs consistent with the disease are observed in a susceptible animal, and the viral antigen or viral ribonucleic acid (RNA) specific to one or more of the serotypes of the disease virus has been detected and identified in samples collected from the animal or animals of the same epidemiological group.

     3. Clinical signs consistent with the disease are observed in a susceptible animal and the animal or its cohorts have tested positive for antibody to the disease virus structural or non structural proteins, provided that previous vaccination, residual maternal antibodies or non-specific reactions can be excluded as possible causes of seropositivity.

     4. Viral antigen or viral RNA specific to one or more of the serotypes of the disease virus has been detected and identified in samples collected from susceptible animals and the animals are positive for antibody to disease virus structural or non-structural proteins, provided that in the case of antibodies to structural proteins previous vaccination, residual maternal antibodies or non-specific reactions can be excluded as possible causes of seropositivity.

     5. An epidemiological link has been established to infected premises and at least one of the following conditions applies–

SCHEDULE 4Article 21(2), 33(1) and paragraph 1 of Schedule 2

Measures applicable in protection zones and surveillance zones

PART 1
Measures applicable in both protection zones and surveillance zones
Record keeping in protection and surveillance zones
1. —(1) The occupier of each premises keeping susceptible animals within a protection zone or a surveillance zone shall create and maintain the following records in respect of the premises–

    (2) Records shall be kept in a form approved for the purpose by the Scottish Ministers.

    (3) The occupier shall maintain the records kept under sub paragraphs (1)(a) and (1)(b) by updating them within 24 hours of any change.

Straying of susceptible animals
     2. —(1) The keeper of a susceptible animal in a protection zone or a surveillance zone shall take all such steps as are necessary to prevent it from straying from the premises on which it is kept.

    (2) An inspector may detain any stray or feral susceptible animal found in a protection zone or a surveillance zone and if, having made reasonable inquiries, the inspector cannot ascertain the owner, the inspector may arrange for its destruction.

Control of dogs and poultry in protection zones and surveillance zones
     3. —(1) The owner of any dog in a protection zone or a surveillance zone shall keep it under control by–

    (2) An inspector may seize any dog which is not kept under control in accordance with sub paragraph (1) and deal with it as if it was a dog seized under the powers conferred by section 149 of the Environmental Protection Act 1990[23].

    (3) An inspector may, if the inspector considers any dog or poultry not to be under control, by notice served on the occupier of any premises where it is kept, require the occupier to keep such dog or poultry under control, or to confine it to the part of the premises specified in the notice.

Shearing or dipping sheep in a protection zone or a surveillance zone
     4. —(1) Subject to the provisions of this paragraph, no person shall–

in a protection zone or a surveillance zone except where authorised by a licence granted by an inspector.

(2) The prohibition in sub paragraph (1) does not apply to the occupier of any premises or the occupier's employees (other than any person employed by the occupier primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.

(3) In this article–

Ultrasound scanning of susceptible animals in a protection zone or a surveillance zone
     5. —(1) Subject to the provisions of this paragraph, no person shall carry out ultrasound scanning, clipping, foot paring, freeze branding or other livestock service of susceptible animals in a protection zone or a surveillance zone except where authorised by a licence granted by an inspector.

    (2) The prohibition in sub paragraph (1) shall not apply to the occupier of any premises or the occupier's employees (other than any person employed by the occupier primarily for the purpose of carrying out the livestock service in question) in respect of the carrying out of ultrasound scanning clipping, foot paring, freeze branding or other livestock service of susceptible animals kept on those premises using equipment of which the occupier is the owner or person in charge.

Semen, ova and embryos collected in a protection zone or a surveillance zone
     6. —(1) This paragraph applies to semen, ova and embryos collected from susceptible animals originating in a protection zone or surveillance zone.

    (2) No person shall sell or consign for sale–

(3) Semen, ova and embryos comply with this sub paragraph if they satisfy the following requirements–

(4) Semen complies with this sub paragraph if it satisfies the following requirements–

Hides and skins of susceptible animals originating in a protection zone or a surveillance zone
7. —(1) This paragraph applies to hides and skins of susceptible animals originating in a protection zone or a surveillance zone.

(2) No person shall sell or consign for sale any animal product to which this paragraph applies unless either–

(b) it has been treated so that it falls within paragraph 2 of Schedule 5.

Wool, ruminant hair and pig bristles from animals originating in a protection zone or a surveillance zone
8. —(1) This paragraph applies to wool, ruminant hair and pig bristles from animals originating in a protection zone or a surveillance zone.

(2) No person shall sell or consign for sale any animal product to which this paragraph applies unless either–

(b) it has been treated so that it falls within paragraph 3 of Schedule 5.

Other animal products produced in a protection zone or a surveillance zone or from animals originating in such a zone
9. —(1) This paragraph applies to animal products other than–

if it is produced in a protection zone or surveillance zone from susceptible animals, or from susceptible animals originating in a protection zone or surveillance zone.

(2) No person shall sell or consign for sale any animal product to which this paragraph applies unless it satisfies one of the following requirements–

(b) it has been treated so that it falls within paragraph 4 of Schedule 5;

(c) where it is referred to in one of paragraphs 5 to 9 of Schedule 5, has been treated so that it falls within that paragraph;

(d) it forms part of a composite product (that is, a manufactured or processed product containing more than one ingredient at least one of which is an animal product) not subject to further treatment and has either–

(e) it is a packaged product ready for use–

PART 2
Measures applicable only in a protection zone
Movement of susceptible animals from premises or to premises within a protection zone
10. —(1) Subject to the provisions of this paragraph, no person shall move any susceptible animal from or to premises within a protection zone.

(2) The prohibition in sub paragraph (1) does not apply to the transport of susceptible animals for emergency slaughter under the authority of a licence granted by an inspector from premises in a protection zone direct to a slaughterhouse–

(3) No inspector shall grant a licence under sub paragraph (2) unless the inspector is satisfied that–

    (4) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub paragraph (2) shall ensure that it is cleansed and disinfected without delay in accordance with article 45.

    (5) The prohibition in sub paragraph (1) does not apply to the movement of animals leaving infected premises for slaughter under the authority of a licence granted under paragraph 4(6) of Schedule 2.

    (6) The prohibition in sub paragraph (1) does not apply to movement from one part of premises to another part of the same premises using a public highway under the authority of a licence granted by a veterinary inspector or by an inspector at the direction of a veterinary inspector.

Movement of non susceptible animals from or to premises keeping susceptible animals in a protection zone
     11. —(1) Subject to the provisions of this paragraph, no person shall move any non susceptible animal from or to premises keeping susceptible animals in a protection zone.

    (2) The prohibition in sub paragraph (1) does not apply to–

    (3) Any inspector granting a licence under sub paragraph (2)(b) shall take account of the recommended measures in paragraph 2.2 of Annex VI to the Directive.

Movement of animals into or out of a protection zone
     12. —(1) Subject to the provisions of this paragraph, no person shall move any animal into or out of a protection zone.

    (2) A person may move an animal into, out of or within a protection zone if the movement is–

(3) Any inspector granting a licence under sub paragraph (2)(c) shall take account of the recommended measures in paragraph 2.2 of Annex VI to the Directive.

(4) A licence granted under sub paragraph (2)(e) shall–

(5) The person in charge of any vehicle used to transport animals under the authority of a licence granted under sub paragraph (2)(e) shall–

Movement of vehicles from premises keeping susceptible animals in a protection zone
     13. No person shall move any vehicle designed or adapted for the transport of animals from premises keeping susceptible animals within a protection zone except under the authority of a licence granted by an inspector.

Control of animal gatherings in a protection zone
     14. No person shall hold an animal gathering in a protection zone.

Control of gatherings of people in a protection zone
     15. —(1) No person shall hold or take part in the following activities in a protection zone–

    (2) Where holding any recreational or sporting activity may, in the opinion of the Scottish Ministers, spread disease, they may prohibit it by serving notice on the person responsible for the activity.

Breeding in a protection zone
     16. —(1) No person shall carry out breeding of susceptible animals by means of itinerant service in a protection zone.

    (2) No person shall carry out artificial insemination of animals or collect any embryo or ovum in a protection zone except in compliance with sub paragraph (3) or sub paragraph (4).

    (3) Artificial insemination of a susceptible animal complies with this sub paragraph if it satisfies the following requirements–

(4) Artificial insemination of a non-susceptible animal or the collection of embryos, or ova from such animal complies with this sub paragraph if–

Slaughter for private consumption within a protection zone
     17. No person shall slaughter on any premises within a protection zone any susceptible animal for private consumption on those premises.

Transport of fodder within a protection zone
     18. No person shall transport fodder to any premises within the protection zone keeping susceptible animals except under the authority of a licence granted by an inspector.

Sale of fodder originating in a protection zone
     19. No person shall sell or consign for sale fodder originating in a protection zone unless it satisfies one of the following requirements–

(b) it is authorised for sale within the protection zone to the final user by a licence granted by an inspector;

(c) it was produced on premises not keeping susceptible animals using raw materials also produced on such premises or raw materials produced outside the protection zone;

(d) it is forage or straw falling within paragraph 10 of Schedule 5.

Transport, treatment and spreading of dung and manure produced in a protection zone
20. —(1) This paragraph applies to dung or manure–

    (2) No person shall transport dung or manure to which this paragraph applies unless such transport or spreading complies with sub paragraph (3) or sub paragraph (5), and with sub paragraph (6).

    (3) Transport of dung or manure complies with this sub paragraph where it is to a plant for treatment to destroy the disease virus and is authorised by a licence granted by an inspector.

    (4) The occupier of any premises to which dung or manure is transported by authority of a licence granted under sub paragraph (3) shall ensure that it is treated in accordance with point 5 of Section II in Part A of Chapter III of Annex VIII to Regulation (EC) No. 1774/2002, as amended[24].

    (5) Transport of dung or manure for spreading complies with this sub paragraph if it satisfies the following requirements–

(6) Transport of dung or manure complies with this sub paragraph if it is carried out in vehicles which are–

(7) After transporting dung or manure under this paragraph, the person in charge of the vehicle shall ensure it is cleansed and disinfected after unloading or spreading and before leaving the premises of destination.

(8) The person in charge of a vehicle to be cleansed and disinfected under sub paragraph (6) or (7) shall ensure that such cleansing and disinfection is carried out so that–

(9) No person shall spread dung or manure to which this paragraph applies unless such spreading is authorised by a licence granted by an inspector and the dung or manure –

(10) Any licence granted under sub paragraph (9) shall contain at least the following terms–

Fresh meat etc. derived from susceptible animals originating in a protection zone
21. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from susceptible animals originating in a protection zone.

(2) No person shall sell or consign for sale meat to which this paragraph applies or move such meat out of a protection zone unless–

Fresh meat etc. produced on premises in a protection zone
22. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from susceptible animals and produced on premises in a protection zone.

(2) No person shall sell or consign for sale meat to which this paragraph applies or move such meat out of a protection zone unless it has been produced in an establishment which–

(3) Meat falls within this sub paragraph if–

produced from animals transported to the establishment under the authority of a licence granted under paragraph 12(2)(e), and slaughtered there; and

(b) it is health marked or identification marked.

Meat products produced from meat derived from susceptible animals originating in a protection zone
23. —(1) This paragraph applies to meat products produced from meat derived from susceptible animals originating in a protection zone.

(2) No person shall sell or consign for sale any meat product to which this paragraph applies unless–

Milk and milk products produced from susceptible animals originating in a protection zone or on premises in a protection zone
24. —(1) No person shall sell or consign for sale the milk of a susceptible animal originating in a protection zone or any milk product produced from such milk unless it complies with sub paragraph (2) or sub paragraph (3).

(2) Milk and milk products comply with this sub paragraph if–

(3) Milk and milk products comply with this sub paragraph if–

(4) No person shall sell or consign for sale the milk of a susceptible animal produced on premises in the protection zone or any milk product produced from such milk unless–

(5) Transport of raw milk complies with this sub paragraph if–

(6) Premises comply with this sub paragraph if they satisfy the following requirements–

(c) they are operated so that milk on the premises and leaving the premises is clearly identified as eligible for sale outside the protection zone to the final consumer and is at all times stored and transported separately from raw milk and raw milk products which are not so eligible.

Collection, transport and processing of milk and milk products produced in a protection zone
25. —(1) No person shall collect and transport milk produced on premises keeping susceptible animals in a protection zone out of that protection zone or process any such milk unless such transport complies with sub paragraph (2) and is carried out in a vehicle which complies with sub paragraph (3).

(2) Transport complies with this sub paragraph if it is–

(b) transport to premises other than a laboratory under the authority of a licence granted by an inspector.

(3) A vehicle complies with this sub paragraph if it–

(4) A licence granted under sub paragraph (2)(b) shall specify the route to be taken and shall include a condition prohibiting the vehicle from entering any premises in the zone keeping susceptible animals for purposes other than to load milk.

(5) Any person transporting milk under the authority of a licence granted under sub paragraph 2(b) shall ensure that–

(6) No person shall process milk transported to a laboratory under this paragraph except under the authority of a licence granted by an inspector.

PART 3
Measures applicable only in a surveillance zone
Movement of animals from premises within a surveillance zone
26. —(1) Subject to the provisions of this paragraph, no person shall move any susceptible animal from premises within a surveillance zone.

(2) The prohibition in sub paragraph (1) does not apply to the transport of susceptible animals for emergency slaughter under the authority of a licence granted by an inspector from premises in a surveillance zone direct to a slaughterhouse–

(3) No inspector shall grant a licence under sub paragraph (2) unless the inspector is satisfied that–

(4) The prohibition in sub paragraph (1) does not apply to transport of susceptible animals for slaughter under the terms of a licence granted by an inspector –

(5) No inspector shall grant a licence under sub paragraph (4) unless the inspector is satisfied that–

(6) No inspector shall grant a licence under sub paragraph (4)(a) unless the inspector is satisfied that–

    (7) A licence granted under sub paragraph (2) or (4) may permit transport through the associated protection zone and in such a case shall include a condition requiring that the vehicle travels through that protection zone without stopping.

    (8) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub paragraph (2) or sub paragraph (4) shall ensure that it is cleansed and disinfected without delay in accordance with article 45.

    (9) The prohibition in sub paragraph (1) does not apply to the leading of susceptible animals to pasture in that surveillance zone under the authority of a licence granted by an inspector.

    (10) No inspector shall grant a licence under sub paragraph (9) unless–

(11) The prohibition in sub paragraph (1) does not apply to movement from one part of premises to another part of the same premises using a public highway under the authority of a licence granted by a veterinary inspector or by an inspector at the direction of a veterinary inspector.

Control of animal gatherings and gatherings of people in a surveillance zone
27. —(1) No person shall–

except under the authority of a licence granted by the Scottish Ministers.

(2) Subject to sub paragraph (3) no person shall hold or take part in the following activities in a surveillance zone–

except under the authority of a licence granted by the Scottish Ministers.

    (3) Nothing in sub paragraph (2) shall make it unlawful for the occupier of any land, members of the occupier's household, persons employed by the occupier as beaters and any member of a shooting party of not more than three persons authorised by the occupier to shoot deer found on that land.

Fresh meat etc. derived from susceptible animals originating in a surveillance zone
     28. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from susceptible animals originating in a surveillance zone.

    (2) No person shall sell or consign for sale meat to which this paragraph applies or move such meat out of a surveillance zone unless–

(3) Meat falls within this sub paragraph if it satisfies the following requirements–

(4) Meat complies with this sub paragraph if it is from ruminants and has been deboned such that it falls within paragraph 11 of Schedule 5 and from a carcase which has been matured such that it falls within paragraph 12 of Schedule 5.

(5) Meat complies with this sub paragraph if–

(6) Meat complies with this sub paragraph if–

(7) Meat falls within this sub paragraph if–

Fresh meat etc. produced on premises in a surveillance zone
29. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from susceptible animals and produced on premises in a surveillance zone.

(2) No person shall sell or consign for sale meat to which this paragraph applies or move such meat out of a surveillance zone unless it has been produced in an establishment which–

(3) Meat complies with this sub paragraph if–

(b) it is health marked or identification marked.

Meat products produced from meat derived from susceptible animals originating in a surveillance zone or produced on premises in a surveillance zone
30. —(1) This paragraph applies to meat products–

(2) No person shall sell or consign for sale any product to which this paragraph applies or move any such product out of a surveillance zone unless it complies with sub paragraph (3) or sub paragraph (4).

(3) Meat products comply with this sub paragraph if they are produced from fresh meat, minced meat or meat preparations or mechanically separated meat which was–

(4) Meat products comply with this sub paragraph if they are produced in an establishment which–

Milk and milk products produced from susceptible animals originating in a surveillance zone or on premises in a surveillance zone
31. —(1) No person shall sell or consign for sale the milk of a susceptible animal originating in a surveillance zone or any milk product produced from such milk unless it complies with sub paragraph (2) or sub paragraph (3).

(2) Milk and milk products comply with this sub paragraph if–

(3) Milk and milk products comply with this sub paragraph if–

(4) No person shall sell or consign for sale the milk of a susceptible animal produced on premises in a surveillance zone or any milk product produced from such milk unless–

(5) Transport of raw milk complies with this sub paragraph if–

(6) Premises comply with this sub paragraph if they satisfy the following requirements–

(c) they are operated so that milk on the premises and leaving the premises is clearly identified as eligible for sale outside the surveillance zone to the final consumer and is at all times stored and transported separately from milk and milk products which are not so eligible.

Collection, transport and processing of raw milk produced in a surveillance zone
32. —(1) No person shall collect and transport raw milk produced on premises keeping susceptible animals in a surveillance zone out of that surveillance zone or process any such milk unless such transport complies with sub paragraph (2) and is carried out in a vehicle which complies with sub paragraph (3).

(2) Transport complies with this sub paragraph if it is–

(b) transport to premises other than a laboratory under the authority of a licence granted by an inspector.

(3) A vehicle complies with this sub paragraph if it–

(6) No person shall process milk transported under sub paragraph (2) except under the authority of a licence granted by an inspector.

Transport, treatment and spreading of dung and manure produced in a surveillance zone
33. —(1) This paragraph applies to dung or manure–

    (2) No person shall transport dung or manure to which this paragraph applies unless such transport complies with sub paragraph (3) or sub paragraph (5) or sub paragraph (7), and with sub paragraph (10).

    (3) Transport of dung or manure complies with this sub paragraph where it is to a plant for treatment to destroy the disease virus and is authorised by a licence granted by the Scottish Ministers.

    (4) The occupier of any premises to which dung or manure is transported by authority of a licence granted under sub paragraph (3) shall ensure that it is treated in accordance with point 5 of Section II in Part A of Chapter III of Annex VIII to Regulation (EC) No. 1774/2002, as amended.

    (5) Transport of dung or manure complies with this sub paragraph if–

(6) No person shall spread dung or manure to which this paragraph applies unless such spreading is authorised by a licence granted by an inspector and the dung or manure–

(7) Transport of dung or manure complies with this sub paragraph if–

(8) No person shall spread dung or manure transported under authority of a licence granted under sub paragraph (7) unless such spreading is authorised by a licence granted by an inspector and the dung or manure is injected into the ground.

(9) Any licence granted under sub paragraph (6) or sub paragraph (8) shall contain at least the following terms–

(10) Transport of dung or manure complies with this sub paragraph if it is carried out in a vehicle which is–

(11) After transporting dung or manure under this paragraph, the person in charge of the vehicle shall ensure it is cleansed and disinfected after unloading or spreading and before leaving the premises of destination.

(12) The person in charge of a vehicle to be cleansed and disinfected under sub paragraph (10) or (11) shall ensure that such cleansing and disinfection is carried out so that–

SCHEDULE 5Article 25(3) and Schedule 4, paragraph 7(2)

Treatment of products to ensure the destruction of disease virus

PART 1
Products of animal origin (other than fresh meat)
Meat products
1. Meat products fall within this paragraph if they have undergone any of the following treatments or are produced from meat which has undergone any of those treatments–

(e) heat treatment ensuring a core temperature of at least 65°C is reached for the time necessary to achieve a pasteurisation value equal to or more than 40.

Hides and skins
     2. Hides and skins fall within this paragraph if they comply with the requirements in article 20 of and points A(2)(c) or (d) of Chapter VI of Annex VIII to Regulation (EC) No. 1774/2002, as amended.

Wool, ruminant hair and pig bristles
     3. Wool, ruminant hair and pig bristles fall within this paragraph if they comply with the requirements of article 20 of and point A(1) of Chapter VIII to Regulation (EC) No. 1774/2002, as amended.

Products derived from susceptible animals
     4. Animal products derived from susceptible animals fall within this paragraph if they have undergone either of the following treatments–

Blood and blood products
     5. Blood and blood products of susceptible animals fall within this paragraph if they are used for technical purposes (including pharmaceuticals, in vitro diagnostics and laboratory reagents) and have undergone any of the treatments referred to in point B(3)(e)(ii) of Chapter IV of Annex VIII to Regulation (EC) No. 1774/2002, as amended.

Lard and rendered fats
     6. Lard and rendered fats fall within this paragraph if they have undergone the heat treatment referred to in point B(2)(d)(iv) of Chapter IV of Annex VII to Regulation (EC) No. 1774/2002, as amended.

Petfood and dog chews
     7. Petfood and dog chews fall within this paragraph if they comply with the requirements of points B(2), (3) or (4) of Chapter II of Annex VIII to Regulation (EC) No. 1774/2002, as amended.

Game trophies of ungulates
     8. Game trophies of ungulates fall within this paragraph if they comply with the requirements of points A(1), (3) or (4) of Chapter VII of Annex VIII to Regulation (EC) No. 1774/2002, as amended.

Animal casings
     9. Animal casings fall within this paragraph if they have been cleaned, scraped and either salted with sodium chloride for 30 days or bleached or dried after scraping and were protected from recontamination after treatment.

PART 2
Products not of animal origin
Straw and forage
10. Straw and forage falls within this paragraph if it has either–

(b) been stored in packages or bales under shelter at premises situated not closer than 2km to the nearest infected premises and is not released from the premises before at least three months have elapsed following the completion of cleansing and disinfection (and in any case not before the declaration creating that protection zone has been amended in accordance with article 36 so that the protection zone becomes part of a surveillance zone).

PART 3
Fresh meat
De-boning
11. Meat (together with diaphragms but excluding offal) is deboned so that it falls within this paragraph if the bone and main accessible lymphatic glands have been removed.

Maturation
12. Carcases are matured so that they fall within this paragraph if they–

PART 4
Milk and milk products
Milk and milk products for human consumption
13. —(1) Milk and milk products for human consumption fall within this paragraph if they have undergone one of the following treatments–

(2) Milk products fall within this paragraph if they are produced from milk which has undergone one of the treatments in sub paragraph (1).

Milk and milk products not intended for human consumption
14. —(1) Milk and milk products not intended for human consumption (including whey intended for susceptible animals) fall within this paragraph if they have undergone one of the following treatments–

(c) High Temperature Short Time pasteurisation, applied twice, at 72°C for at least 15 seconds or any other pasteurisation treatment which achieves a negative reaction to a phosphatase test;

(d) High Temperature Short Time pasteurisation at 72°C for at least 15 seconds or any other pasteurisation treatment which achieves a negative reaction to a phosphatase test and either–

(2) Milk products not for human consumption (other than whey intended for susceptible animals) fall within this paragraph if they are produced from milk which has been subjected to one of the treatments in sub paragraph (1).

(3) Whey intended for susceptible animals falls within this paragraph if it is–

SCHEDULE 6Article 38(1)

Measures applicable to a restricted zone

Movement of susceptible animals in a restricted zone
1. —(1) Subject to sub paragraph (3), no person shall move any susceptible animal–

except under the authority of a licence granted by an inspector.

    (2) The person in charge of any vehicle used to move susceptible animals under such a licence shall ensure that it is cleansed and disinfected without delay in accordance with article 45.

    (3) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or vaccination zone.

Slaughter of susceptible animals in a restricted zone
     2. Where a susceptible animal is moved to a slaughterhouse within a restricted zone, the occupier of the slaughterhouse shall ensure that it is slaughtered in accordance with any directions given by an inspector and in any case within 24 hours of arrival.

Control of products from slaughterhouses in a restricted zone
     3. —(1) No person shall move any carcase or animal product (unless intended for human consumption) or any manure, slurry or used litter from a slaughterhouse in a restricted zone except–

(2) Any person transporting any thing under the authority of a licence granted under sub paragraph (1)(b) shall–

    (3) The occupier of premises to which any carcase or animal product is moved under this paragraph shall ensure that it is not brought into contact with, or fed to, any susceptible animal.

Control of carcases in a restricted zone
     4. —(1) No person shall move any carcase of a susceptible animal (other than the carcase of an animal slaughtered for human consumption or the carcase of an animal suspected of having contracted BSE or scrapie destined for disposal) from premises in a restricted zone other than a slaughterhouse except under the authority of a licence granted by an inspector.

    (2) The carcase of a deer which has been culled shall not be considered to have been slaughtered for human consumption.

Straying of susceptible animals in a restricted zone
     5.

    (1) The keeper of a susceptible animal in a restricted zone shall take all such steps as are necessary to prevent it from straying from the premises on which it is kept.

    (2) An inspector may detain any stray or feral susceptible animal found in a restricted zone and if, having made reasonable inquiries, the owner cannot be ascertained, the inspector may arrange for its destruction.

Control of animal gatherings and gatherings of people in a restricted zone
     6. —(1) Subject to sub paragraph (4), no person shall–

except under the authority of a licence granted by the Scottish Ministers.

(2) Subject to sub paragraphs (3) and (4), no person shall hold or take part in the following activities in a restricted zone–

except under the authority of a licence granted by the Scottish Ministers.

    (3) Nothing in sub paragraph (2) shall make it unlawful for the occupier of any land, members of the occupier's household, persons employed by the occupier as beaters and any member of a shooting party of not more than three persons authorised by the occupier to shoot deer found on that land.

    (4) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.

Shearing or dipping of sheep in a restricted zone
     7. —(1) Subject to the provisions of this article, no person shall–

in a restricted zone except under the authority of a licence granted by an inspector.

(2) The prohibition in sub paragraph (1) shall not apply to the occupier of any premises or the occupier's employees (other than any person employed by the occupier primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.

(3) For the purposes of this paragraph–

    (4) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.

Ultrasound scanning of susceptible animals in a restricted zone
     8. —(1) Subject to the provisions of this paragraph, no person shall carry out ultrasound scanning, clipping, foot paring, freeze branding or other livestock service of susceptible animals in a protection zone or a surveillance zone except where authorised by a licence granted by an inspector.

    (2) The prohibition in sub paragraph (1) shall not apply to the occupier of any premises or the occupier's employees (other than any person employed by the occupier primarily for the purpose of carrying out the livestock service in question) in respect of the carrying out of ultrasound scanning clipping, foot paring, freeze branding or other livestock service of susceptible animals kept on those premises using equipment of which the occupier is the owner or person in charge.

    (3) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.

Cleansing and disinfection of slaughterhouses in a restricted zone
     9. The occupier of any collecting centre or slaughterhouse in a restricted zone shall cleanse and disinfect the premises in accordance with the directions of an inspector as soon as is practicable after it has been emptied of animals and in any event before any susceptible animal, fodder, used litter or thing liable to spread disease is moved there again.

SCHEDULE 7Article 40(1)

Measures applicable in a wild animal infected zone

Notification of dead wild susceptible animals in a wild animal infected zone
     1. Any person who kills a wild susceptible animal or finds such an animal dead in a wild animal infected zone shall notify the Divisional Veterinary Manager of that fact.

Record keeping in a wild animal infected area
     2. The occupier of any premises in a wild animal infected area keeping susceptible animals shall create and maintain a record of the number of each species of susceptible animal kept on the premises and shall maintain that record by updating it every time that number changes.

Isolation of susceptible animals in a wild animal infected zone
     3. The occupier of any premises in a wild animal infected zone keeping susceptible animals shall ensure that–

Movement of susceptible animals in a wild animal infected zone
     4. No person shall move any susceptible animal on or off premises in a wild animal infected zone except under the authority of a licence granted by the Scottish Ministers.

Cleansing and disinfection in a wild animal infected zone
     5. —(1) The occupier of any premises in a wild animal infected zone shall ensure that means of disinfection are provided and used at all entrances to buildings where susceptible animals are kept in accordance with the directions of an inspector.

    (2) Any person coming into contact with a wild susceptible animal shall cleanse and disinfect themselves and launder their clothing so far as reasonably practicable after such contact.

Carcases and things which may be contaminated in a wild animal infected zone
     6. No person shall bring the following on to premises keeping susceptible animals in a wild animal infected zone–

Movement of semen, ova and embryos out of a wild animal infected zone
7. No person shall move any semen, embryo or ovum of a susceptible animal out of a wild animal infected zone for the purpose of trade with another member State, Norway, Iceland or Liechtenstein.

SCHEDULE 8Article 41

Horses

Movement of horses
     1. Where a case of the disease has been confirmed in Scotland in accordance with article 11(11), or in any other part of the United Kingdom in accordance with the relevant provisions applying in that other part, no person shall dispatch any horse from Scotland to any other Member State unless accompanied by an animal health certificate as provided for in Annex C of Directive 90/426/EEC and an identification document as provided for in Decisions 93/623/EEC or 2000/68/EC.

     2. Where a supplementary movement control zone has been declared under article 18(1), no person shall move any horse from suspect, contact or infected premises except under the authority of a licence granted by the Scottish Ministers.

     3. Where a protection zone or surveillance zone has been declared under article 30 or 31, no person shall move any horse from any premises except under the authority of a licence granted by the Scottish Ministers.

     4. A licence may only be granted under paragraphs 2 and 3 if, having regard to the terms of the licence, the grant of the licence is in accordance with the requirements of Annex VI of the Directive.

SCHEDULE 9Article 29(2)

Restocking of premises

General principles
     1. Restocking shall not commence until 21 days after final disinfection of the premises in accordance with Schedule 1.

     2. Paragraphs 3 to 7 apply subject to paragraphs 8 and 9.

     3. Animals for restocking may only be introduced under the following conditions–

     4. During restocking, animals shall be introduced into all units and buildings of the premises.

     5. No susceptible animal shall leave the premises until all introduced animals have undergone the examination and test in paragraph 7 with negative results.

     6. —(1) Subject to sub paragraph (2), each animal shall–

    (2) If no infected premises have been declared within 10km of any premises for at least 3 months before the commencement of restocking, the Scottish Ministers may, by notice served on the occupier of those premises, except those premises from the requirements of sub paragraph (1).

     7. Not earlier than 28 days after the last introduction, each animal shall be clinically examined and samples tested for the presence of antibodies against the disease virus.

Restocking of premises in a vaccination zone
     8. Instead of restocking in accordance with paragraphs 3 to 7, premises in a vaccination zone may be restocked if the following conditions are satisfied–

Restocking of premises outside a vaccination zone with vaccinated animals: surveillance
9. Where any vaccinated animal is to be introduced to premises outside a vaccination zone–

Movement of susceptible animals during restocking
10. During restocking, no person shall move a susceptible animal from the premises.

Completion of restocking
11. The Scottish Ministers shall declare the completion of restocking by notice served on the occupier if–

SCHEDULE 10Article 61

Orders Revoked

Orders revoked	References	Extent of revocation
The Foot-and-Mouth Disease Order 1983	S.I. 1983/1950	The Order insofar as it applies to Scotland.
The Foot-and-Mouth Disease Order (Amendment) (No. 2) Order 1993	S.I. 1993/3119	The Order insofar as it applies to Scotland.
The Foot-and-Mouth Disease (Amendment) (Scotland) Order 2001	S.S.I. 2001/52	The whole Order
The Foot-and-Mouth Disease (Amendment) (No. 2) (Scotland) Order 2001	S.S.I. 2001/55	The whole Order
The Foot-and-Mouth Disease (Amendment) (No.3) (Scotland) Order 2001	S.S.I. 2001/101	The whole Order
The Abolition of Intervention Board for Agricultural Produce (Consequential Provisions) (Scotland) Regulations 2001	S.S.I 2001/390	Regulation 3(1)
The Disease Control (Interim Measures) (Scotland) Order 2002	S.S.I. 2002/34	Article 12

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, read with the Animal Health Act 1981 (c.22, amended by the Animal Health Act 1981 (Amendment) Regulations 1992 (S.I. 1992/3293), ("the Act"), partially transposes for Scotland Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC (O.J. No. L 306, 22.11.2003, p.1). The other measure transposing the Directive in Scotland is the Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 (S.I. ) ("the Regulations").

The Order transposes the Directive except insofar as it deals with additional slaughter powers and vaccination against foot-and-mouth disease ("the disease").

It revokes the Foot-and-Mouth Disease Order 1983 (S.I. 1983/1950) insofar as it applies in Scotland. It also revokes the amendments to that Order. Schedule 10 lists these instruments.

Part 1 of the Order contains introductory and interpretation provisions.

Part 2 makes provision for notification, suspicion and investigation of the disease.

Articles 8 and 9 provide for notification of the disease or suspicion of it. Schedule 2 contains the restrictions which apply in relation to premises under suspicion.

Article 10 relates to animals in transit which are known or suspected of infection or contamination with the disease.

Article 11 provides for veterinary investigation into the disease. Consequent on that investigation, article 12 allows parts of premises to be declared as separate production units, which has the effect of excusing those parts from some of the restrictions in Schedule 2. Also consequent on the investigation, article 13 requires the Scottish Ministers to trace the possible spread of disease and to impose the restrictions in Schedule 2 on further premises. The restrictions in Schedule 2 are maintained in relation to premises where infection with the disease is found (article 14).

Articles 15 and 16 provide for the declaration of a temporary control zone on suspicion of the disease and for the measures applying within that zone. Article 17 provides for the control of stray animals in a temporary control zone. Articles 18 and 19 provide for the declaration of a further zone supplementary to a temporary control zone (a supplementary movement control zone) and the measures applying there.

Part 3 sets out the measures applying following confirmation of the disease.

Article 20 requires the Scottish Ministers to trace items from infected premises which may spread disease and provides for their treatment or disposal. The Regulations (as read with the Act) impose a duty on the Scottish Ministers to slaughter animals on infected premises, with exceptions, and confers power to slaughter other animals to prevent the spread of the disease (regulations 8 and 9). Articles 21 to 29 provide for the circumstances relating to such slaughter, including the place of slaughter (article 23), movement and disposal of carcases and faecal material (respectively articles 24 and 25), isolation of things which may spread the disease until they have been certified as free of contamination, treated or disposed of (article 26), cleansing and disinfection of the premises (articles 27 and 28 and Schedule 1) and restocking of the premises (article 29 and Schedule 9).

Articles 30 to 32 provide for the declaration of protection and surveillance zones around infected premises. Article 33 and Schedule 4 set out the measures which apply in those zones. Article 34 requires the Scottish Ministers to investigate every premises keeping susceptible animals in such a zone. Article 35 confers power on an inspector appointed under the Act to prohibit access to land or buildings in a protection zone. Article 36 sets out the circumstances in which protection and surveillance zones may be terminated.

Article 37 provides for the declaration of a restricted zone on confirmation of the disease; article 38 and Schedule 6 provide for the measures applying there.

Article 40 provides for the declaration of a wild animal infected zone on confirmation of the disease in a wild animal; article 40 and Schedule 7 provide for the measures applying there.

Part 4 makes provision as regards horses.

Part 5 makes general and supplementary provision.

Article 42 applies after specified movements and requires licences to be produced before animals are unloaded and that those licences are forwarded to the local authority.

Article 43 requires the Scottish Ministers to take steps to prevent spread of the disease to premises keeping animals of special value (such as rare breeds).

Article 44 requires the local authority to erect signs indicating the perimeters of zones declared under the Order.

Article 45 sets out the method to be used when cleansing and disinfecting vehicles transporting susceptible animals. Article 46 requires occupiers to provide facilities, equipment and materials where cleansing and disinfection of vehicles is required on their premises.

Article 47 makes provision to maintain marks applied under the Order.

Article 48 provides for the feeding and tending of animals or poultry which cannot be moved on termination of a right of occupation because of a restriction imposed by the Order.

Articles 49 to 53 and 55 to 58 make provision related to offences and enforcement. Article 54 confers general powers on veterinary inspectors to take action to prevent spread of the disease.

Articles 59 and 60 make consequential amendment to other statutory instruments.

Article 61 revokes the statutory instruments in Schedule 10 insofar as they apply in Scotland.

Failure to comply with this Order is an offence under section 73 of the Act.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the Scottish Parliament Information Centre, together with a Transposition Note setting out how the main elements of Directive 2003/85/EC are transposed in this Order. Copies may be obtained from the Scottish Executive Environment and Rural Affairs Department, Pentland House, Robb's Loan, Edinburgh, EH14 1TW.

Notes:

[1] 1981 c.22, amended by the Animal Health Act 1981 (Amendment) Regulations 1992 (S.I. 1992/3293). The functions conferred under the 1981 Act on "the Ministers" (as defined in section 86 of that Act) are now exercisable by the Scottish Ministers. They were transferred, so far as exercisable within devolved competence, by virtue of section 53 of the Scotland Act 1998.back

[2] S.S.I. 2000/216, to which there are amendments not relevant to this Order.back

[3] O.J. No. L 306, 22.11.03, p.1.back

[4] O.J. No. L 273, 10.10.02, p.1 as amended by Commission Regulation (EC) No. 808/03 (O.J. No. L 117, 13.5.03, p.1).back

[5] S.S.I. 2003/411.back

[6] O.J. No. L 139, 30.4.04, p.206. The revised text of the Regulation is contained in a corrigendum (O.J. No. L 226, 25.6.2004, p.83).back

[7] O.J. No. L 139, 30.4.04, p.55. The revised text of the Regulation is contained in a corrigendum (O.J. No. L 226, 25.6.04, p.22).back

[8] S.S.I. 2006/ .back

[9] O.J, No. L 165, 30.4.2004, p.1. The revised text of the Regulation is contained in a corrigendum (O.J. No. L 191, 28.5.04, p.1).back

[10] S.I. 1995/539, revoked in England by S.I. 2005/2059, in Scotland by S.S.I. 2005/505 and in Wales by S.I. 2005/3292.back

[11] S.I. 1995/540, revoked in England by S.I. 2005/2059, in Scotland by S.S.I. 2005/505 and in Wales by S.I. 2005/3292.back

[12] S.I. 1995/731, to which there are amendments not relevant to these Regulations.back

[13] S.S.I. 2006/ .back

[14] S.I. 1998/463.back

[15] S.S.I. 2005/653.back

[16] O.J. No. L 273, 10.10.02, p.1 as last amended by Commission Regulation (EC) No. 668/2004 (O.J. No. L 112, 19.4.04, p.1).back

[17] S.I. 2005/2002.back

[18] S.I. 2005/1158 (W.75).back

[19] S.S.I. 2000/216.back

[20] S.I. 1978/32, as relevantly amended by S.I. 1978/934 and 1999/919, S.S.I. 2001/45 and 51, S.S.I. 2003/34, S.S.I. 2004/537, S.S.I. 2005/99 and S.S.I. 2005/587.back

[21] S.I. 2001/297.back

[22] S.I. 1978/32, amended by this Order; there are other amending instruments but none is relevant.back

[23] 1990, c.43.back

[24] O.J. No. L 273, 10.10.02, p.1 as last amended by Commission Regulation (EC) No. 668/2004 (O.J. No. L 112, 19.4.04, p.1).back

ISBN 0 11 069933 5

Prepared 13 February 2006

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