The Foot-and-Mouth Disease (Scotland) Order 2006

Measures applicable in respect of protection zones and surveillance zones

33.—(1) The measures in Parts 1 and 2 of Schedule 4 apply in respect of a protection zone and those in Parts and 3 of Schedule 4 apply in respect of a surveillance zone.

(2) The Scottish Ministers may declare that any other measure they think fit so as to prevent the spread of disease shall apply in respect of the whole or any part of any protection zone or surveillance zone and any such measure shall then apply in respect of that protection zone or surveillance zone or that part of it.

(3) The Scottish Ministers shall not make a declaration under paragraph (2), unless they are satisfied that the measures to be applied by that declaration are–

(a) necessary to prevent the spread of disease; and

(b) a proportionate method of preventing such spread, taking into account the epidemiological, animal husbandry, commercial and social conditions in the protection zone or surveillance zone.

(4) If the Scottish Ministers restrict the movement of horses in a surveillance zone by a declaration under paragraph (2), they shall take into account the recommended measures in paragraph 2.2 of Annex VI to the Directive.

(5) An area shall remain a protection zone or surveillance zone until the declaration creating it is amended or revoked in accordance with article 36.