The Tuberculosis (Scotland) Amendment Order 2022 No. 334


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Statutory Instruments of the Scottish Parliament


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Scottish Statutory Instruments

2022 No. 334

Animals

The Tuberculosis (Scotland) Amendment Order 2022

Made

10th November 2022

Laid before the Scottish Parliament

14th November 2022

Coming into force

28th November 2022

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 1 and 8(1)(b) of the Animal Health Act 1981( 1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Tuberculosis (Scotland) Amendment Order 2022 and comes into force on 28 November 2022.

Amendment of the Tuberculosis (Scotland) Order 2007

2.—(1) The Tuberculosis (Scotland) Order 2007( 2) is amended in accordance with this article.

(2) In article 20(1) (notices, licences etc), after “licence” insert “, consent”.

(3) In article 26 (prohibition on testing, vaccination and therapeutic treatment)—

(a) after paragraph (a), insert—

(aa) take samples from a bovine animal for the purpose of applying a diagnostic test for tuberculosis, and

(b) omit “written”.

MAIRI GOUGEON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

10th November 2022

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Tuberculosis (Scotland) Order 2007 (“ the 2007 Order”).

Article 2(2) amends article 20 of the 2007 Order to provide that any consent given to testing, vaccination or therapeutic treatment under article 26 of the 2007 Order may be given subject to conditions, and may be amended, suspended or revoked in writing at any time.

Article 2(3) amends article 26 of the 2007 Order to include the taking of samples from a bovine animal for the purpose of applying a diagnostic test for tuberculosis as one of the actions for which consent is required from the Scottish Ministers.

( 1)

1981 c. 22. The functions of the Secretary of State in so far as within devolved competence were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). See section 86 of the Animal Health Act 1981 for the exercise of functions in relation to tuberculosis.

( 2)

S.S.I. 2007/147; relevant amending instruments are S.S.I. 2014/71and S.S.I. 2018/333.


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