The Bluetongue (Scotland) Order 2003

Explanatory Note

(This note is not part of the Order)

1.  This Order implements Council Directive 2000/75/EC laying down specific provisions for the control and eradication of bluetongue (O.J. No. L 327, 22.12.2000, p.74).

2.  Articles 1, 2 and 3 contain introductory provisions, including definitions of certain terms used in the Order. Article 4 provides that certain activities authorised under the Specified Animal Pathogens Order 1998 (S.I. 1998/463) are not covered by the Order. Article 5 prohibits unlicensed vaccination against bluetongue.

3.  Articles 6 to 9 concern measures to be taken when bluetongue is known or suspected to exist on premises. Articles 6 and 7 provide for notification to be given to the Divisional Veterinary Manager and for the isolation of animals when disease is known to exist or is suspected. Article 8 provides for the service of notices by inspectors requiring compliance with certain restrictions. The general powers of veterinary inspectors and of officers of the Scottish Ministers are set out in sections 63 and 64A of the Animal Health Act 1981 (“the Act”). Article 9 of this Order provides the specifics as to the exercise of certain of these powers when an outbreak of bluetongue is suspected.

4.  Articles 10 to 13 concern measures to be taken when an outbreak of bluetongue has been confirmed. Article 10 provides for the service of notices. Articles 11 and 12 set out the restrictions which apply in areas declared to be infected areas by the Scottish Ministers under the Act. Article 13 applies provisions in the Act relating to the slaughter of animals.

5.  Article 14 sets out the general duties of occupiers and keepers under the Order. Article 15 sets out the powers of inspectors when the requirements in notices served by them are not complied with. Article 16 sets out their general powers. Article 17 provides that the Order shall be executed and enforced by the local authority. Article 18 amends the Special Diseases (Notification and Slaughter) Order 1992 (S.I. 1992/3159) and the Specified Diseases (Notification) Order 1996 (S.I. 1996/2628) (which dealt with the notification of bluetongue, and the slaughter of infected animals) by removing the references to bluetongue from them.

6.  Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981.

7.  A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Executive Environment and Rural Affairs Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.