Search Legislation

The Foot-and-Mouth Disease (Control of Vaccination) (Scotland) Regulations 2001

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Foot-and-Mouth Disease (Control of Vaccination) (Scotland) Regulations 2001 and shall come into force on 10th July 2001.

(2) These Regulations extend to Scotland only.

Interpretation

2.  In these Regulations–

“animal” means any animal of the bovine, ovine, caprine or porcine species or any other biungulate;

“the Directive” means Council Directive 85/511/EEC introducing Community measures for the control of foot-and-mouth disease(1) (as amended by Council Directive 90/423/EEC of 26 June 1990(2));

“inspector” means a person appointed by the Scottish Ministers or a local authority to be an inspector for the purposes of these Regulations;

“local authority” means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994(3).

Vaccination against foot-and-mouth-disease

3.—(1) No person shall vaccinate an animal against foot-and-mouth disease except in accordance with the conditions of a licence granted by the Scottish Ministers.

(2) This regulation shall not apply to any person licensed to handle foot-and-mouth disease virus by the Scottish Ministers under article 4 of the Specified Pathogens Order 1998(4).

Powers of inspectors

4.—(1) An inspector shall, on producing, if required to do so, some duly authenticated authorising document, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations.

(2) An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may–

(a)carry out inspections of and take blood samples from any animals on the premises;

(b)be accompanied by a representative of the European Commission acting for the purposes of the Directive.

(3) In this regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.

Obstruction

5.—(1) No person shall–

(a)intentionally obstruct any person acting in the execution of these Regulations;

(b)without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of carrying out functions under these Regulations; or

(c)furnish to any person acting in the execution of these Regulations any information which is known to be false or misleading when it is furnished.

(2) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate that person.

Offences by bodies corporate

6.—(1) Where an offence under these Regulations committed by a body corporate or a partnership is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity (or in the case of a partnership, a partner or a person who was purporting to act as such), that officer or person as well as the body corporate or the partnership, as the case may be, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) shall apply in relation to the acts and defaults of a member in connection with the members' functions of management as if the member were a director of the body corporate.

Offences and Penalties

7.—(1) A person contravening these Regulations shall be guilty of an offence.

(2) A person guilty of an offence under regulation 5(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(3) A person guilty of any other offence under these Regulations shall be liable–

(a)on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;

(b)on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

Enforcement

8.  These Regulations shall be enforced by the local authority or the Scottish Ministers.

DAVID R DICKSON

A member of the staff of the Scottish Ministers

Pentland House,

Edinburgh

9th July 2001

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources