The Foot-and-Mouth Disease (Amendment) (No. 2) (Scotland) Order 2001

Scottish Statutory Instruments

2001 No. 55

ANIMALS

ANIMAL HEALTH

The Foot-and-Mouth Disease (Amendment) (No. 2) (Scotland) Order 2001

Made

1st March 2001

Coming into force at 8.00pm on

1st March 2001

The Scottish Ministers, in exercise of the powers conferred by sections 1, 2 and 23(b) of the Animal Health Act 1981(1) and of all other powers enabling them in that behalf, make the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Foot and Mouth Disease (Amendment) (No.2) (Scotland) Order 2001 and shall come into force on 1st March 2001 at 8.00pm.

(2) This Order extends to Scotland only.

Amendment to the Foot and Mouth Disease Order 1983

2.  In the Foot and Mouth Disease Order 1983(2) there shall be substituted for article 35B(1) and (2)(3), as follows:–

“(1) If the Scottish Ministers have confirmed foot and mouth disease in any part of a local authority area, the local authority of that area may, by regulations published in such manner as those regulations shall specify, prohibit (for the purposes of preventing the spread of foot-and-mouth disease) the movement of any person into or out of an area identified in those regulations except on a public road.

(2) The local authority of an area where foot and mouth disease has not been confirmed may, with the consent of the Scottish Ministers, by regulations published in such manner as those regulations shall specify, prohibit (for the purposes of preventing the spread of foot-and-mouth disease) the movement of any person into or out of an area identified in those regulations except on a public road.”.

D J CRAWLEY

A member of the staff of the Scottish Ministers

Pentland House,Edinburgh

1st March 2001

Explanatory Note

(This note is not part of the Order)

This Order amends the Foot-and-Mouth Disease (Amendment) (Scotland) Order 2001 (S.S.I. 2001/52) to substitute article 35B(1) and (2). These provisions allow local authorities in areas where foot and mouth disease has been confirmed to make regulations prohibiting the movement of persons into or out of specified areas except on public roads. In areas where foot-and-mouth disease has not been confirmed the local authority may make such regulations with the consent of the Scottish Ministers.

(1)

1981 c. 22. See section 86(1) for the definition of “the Ministers”. The functions of the Ministers of the Crown were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1983/1950, as amended by S.I. 1993/3119, S.I. 1995/2922 and, as regards Scotland, by S.S.I. 2001/52.

(3)

Article 35B was inserted by S.S.I. 2001/52