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The Foot-and-Mouth Disease Declaratory (Controlled Area) (Scotland) (No. 3) Order 2001

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Variation of the provisions of the 1983 Order

4.—(1) Part IV of the 1983 Order is varied by the addition of the requirements set out in the following provisions of this article.

(2) Article 33 shall not apply if the slaughterhouse or knackery product is controlled by and disposed of in accordance with–

(a)the Specified Risk Material Order 1997(1);

(b)the Specified Risk Material Regulations 1997(2); or

(c)the Animal By-Products Order 1999(3).

(3) Subject to paragraph (4) below, no person shall–

(a)move any animal from the premises on which it is located, other than under the authority of a licence issued by the Scottish Ministers;

(b)except where article 5 below applies, move any animal into or out of the controlled area other than under the authority of a licence issued by the Scottish Ministers or, in the case of movements from outwith the territory of Scotland, by the Minister.

(4) An inspector may, by licence issued in the form set out in Schedule 1 to this Order and subject to the conditions set out in that Schedule, permit for slaughter the movement of–

(a)sheep, cattle or pigs direct to a slaughterhouse, approved by the Scottish Ministers to slaughter animals, moved by virtue of a licence issued under this paragraph;

(b)sheep or cattle to a collecting centre, licensed by the local authority under paragraph (8) below, for onward movement direct to a slaughterhouse approved under sub-paragraph (a) above,

and a licence under this paragraph may permit the movement of animals to a controlled area contiguous to that declared by this Order.

(5) Where an animal is moved to a slaughterhouse under paragraph (4) above, the occupier of the slaughterhouse shall ensure that the animal is slaughtered at those premises in accordance with any condition relating to slaughter specified in the licence and in any event, within 24 hours of arrival there.

(6) The person in charge of the vehicle in which an animal is moved under paragraph (4) above shall ensure that the vehicle is thoroughly cleansed and disinfected in accordance with the requirements of Schedule 2 to this Order as soon as possible after the animals have been unloaded from it and, in any case, before that vehicle is moved from those premises.

(7) Subject to paragraph (8) below, no person shall use any premises for fairs, markets, shows or other gatherings of animals.

(8) Notwithstanding the prohibition in paragraph (7) above, the use of premises as a collecting centre may be permitted by licence issued by an inspector of the local authority, in accordance with the advice of the Chief Veterinary Officer.

(9) Hunting and stalking are prohibited.

(10) Except under paragraphs (4) and (8) above, licences under Part IV of the 1983 Order may only be issued by the Scottish Ministers.

(11) The Scottish Ministers shall not issue licences under that Part except in accordance with the advice of the Chief Veterinary Officer.

(12) Where a local authority issues a licence under that Part, it shall retain a copy of the licence for a period of not less than 6 months.

(13) The operator of premises to which animals are moved under paragraph (4) above, shall–

(a)ensure that the representative of that operator is given the licence under which they have been moved before allowing the animals to be unloaded from the vehicle on which they have been transported;

(b)forward that licence without delay to the local authority responsible for the area in which those premises are situated and, in the case of a slaughterhouse, to the official veterinary surgeon appointed for those premises;

(c)retain a copy of that licence for a period of not less than 6 months and produce it upon request for inspection by an inspector;

(d)provide adequate facilities, equipment and materials for the cleansing and disinfection in accordance with this Order of the vehicle that delivered the animal to the premises; and

(e)in the case of a collecting centre, ensure that sheep are marked or tagged so as to enable the identity of that collecting centre to be established throughout their onward movement to a slaughterhouse.

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

(1)

S.I. 1997/2964 as amended, as regards Scotland, by S.S.I. 2000/344 and 2001/4.

(2)

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

(3)

S.I. 1999/646.

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