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The Tuberculosis (Scotland) Order 2005

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Precautions against spread of infection

11.—(1) Where the Scottish Ministers are satisfied that any bovine animal kept on any premises is an affected animal a veterinary inspector may, by notice in writing served on the owner or person in charge of any such animal, require that person–

(a)to take such steps as may be reasonably practicable to prevent any bovine animal kept on the premises from infecting any bovine animal kept on any adjoining premises;

(b)to arrange for the isolation of any animal which may be specified in the notice on any part of the premises so specified;

(c)to ensure that any part of the premises specified in the notice shall not be used by any animal on the premises, or by such animal as may be so specified;

(d)at the expense of the owner or person in charge of the animal, and within such time and in such manner as may be specified in the notice, to cleanse and disinfect such part or parts of the premises as may be so specified;

(e)to treat and store manure or slurry from any place which has been used by such animal otherwise than in accordance with the requirements of the notice;

(f)not to spread any manure or to spray or spread any slurry from any place which has been used by any such animal otherwise than in accordance with the requirements of the notice; and

(g)to cleanse and wash all utensils and other articles used for or about an animal to which the notice relates within such time and in such manner as may be specified in the notice.

(2) Where a veterinary inspector reasonably believes that any bovine animal which is on, or which has been on any premises that are used for any show, exhibition, market, sale or fair, is an affected animal or has been exposed to the infection of tuberculosis, such officer may, by notice in writing served on the occupier of such premises, require the occupier–

(a)to ensure that any part or parts of the premises specified in the notice shall not be used by any other bovine animal for such period as may be specified in the notice; and

(b)at the occupier’s own expense, and within such time and in such manner as may be specified in the notice–

(i)to cleanse and disinfect such part or parts of the premises as may be specified in the notice; and

(ii)to dispose of any manure, slurry or other animal waste, straw, litter or other matter that has or might have come into contact with such animal.

(3) If any person on whom a notice is served under paragraph (l)(b) or (2) fails to comply with the requirements of the notice, the Scottish Ministers may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by them for the purpose of making good the default shall be recoverable as a civil debt from the person in default.

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