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Article 38(1)
1.—(1) Subject to sub paragraph (3), no person shall move any susceptible animal–
(a)from premises within a restricted zone; or
(b)into or out of a restricted zone;
except under the authority of a licence granted by an inspector.
(2) The person in charge of any vehicle used to move susceptible animals under such a licence shall ensure that it is cleansed and disinfected without delay in accordance with article 45.
(3) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or vaccination zone.
2. Where a susceptible animal is moved to a slaughterhouse within a restricted zone, the occupier of the slaughterhouse shall ensure that it is slaughtered in accordance with any directions given by an inspector and in any case within 24 hours of arrival.
3.—(1) No person shall move any carcase or animal product (unless intended for human consumption) or any manure, slurry or used litter from a slaughterhouse in a restricted zone except–
(a)for disposal; or
(b)under the authority of a licence granted by an inspector (which shall include a condition prohibiting any intermediate movement to any premises keeping susceptible animals).
(2) Any person transporting any thing under the authority of a licence granted under sub paragraph (1)(b) shall–
(a)do so in a drip-proof container or vehicle, and
(b)cleanse and disinfect the vehicle, as soon as possible after unloading and in any event before re-use, in accordance with the directions of an inspector.
(3) The occupier of premises to which any carcase or animal product is moved under this paragraph shall ensure that it is not brought into contact with, or fed to, any susceptible animal.
4.—(1) No person shall move any carcase of a susceptible animal (other than the carcase of an animal slaughtered for human consumption or the carcase of an animal suspected of having contracted BSE or scrapie destined for disposal) from premises in a restricted zone other than a slaughterhouse except under the authority of a licence granted by an inspector.
(2) The carcase of a deer which has been culled shall not be considered to have been slaughtered for human consumption.
5.—(1) The keeper of a susceptible animal in a restricted zone shall take all such steps as are necessary to prevent it from straying from the premises on which it is kept.
(2) An inspector may detain any stray or feral susceptible animal found in a restricted zone and if, having made reasonable inquiries, the owner cannot be ascertained, the inspector may arrange for its destruction.
6.—(1) Subject to sub paragraph (4), no person shall–
(a)hold any animal gathering which includes susceptible animals in a restricted zone;
(b)collect or distribute susceptible animals in a restricted zone for such an event; or
(c)hold any gathering of people on premises in a restricted zone in connection with the sale of any susceptible animal kept there at which more than two people (other than the owner or keeper of the animal and that person’s representatives) are present,
except under the authority of a licence granted by the Scottish Ministers.
(2) Subject to sub paragraphs (3) and (4), no person shall hold or take part in the following activities in a restricted zone–
(a)hunting any drag or other trail;
(b)stalking; or
(c)shooting deer,
except under the authority of a licence granted by the Scottish Ministers.
(3) Nothing in sub paragraph (2) shall make it unlawful for the occupier of any land, members of the occupier’s household, persons employed by the occupier as beaters and any member of a shooting party of not more than three persons authorised by the occupier to shoot deer found on that land.
(4) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.
7.—(1) Subject to the provisions of this article, no person shall–
(a)shear or dip sheep; or
(b)handle fleeces or sheep during shearing or dipping
in a restricted zone except under the authority of a licence granted by an inspector.
(2) The prohibition in sub paragraph (1) shall not apply to the occupier of any premises or the occupier’s employees (other than any person employed by the occupier primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.
(3) For the purposes of this paragraph–
(a)“shearing” includes clipping and dagging; and
(b)“dipping” includes showering and jetting sheep with sheep dip.
(4) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.
8.—(1) Subject to the provisions of this paragraph, no person shall carry out ultrasound scanning, clipping, foot paring, freeze branding or other livestock service of susceptible animals in a protection zone or a surveillance zone except where authorised by a licence granted by an inspector.
(2) The prohibition in sub paragraph (1) shall not apply to the occupier of any premises or the occupier’s employees (other than any person employed by the occupier primarily for the purpose of carrying out the livestock service in question) in respect of the carrying out of ultrasound scanning clipping, foot paring, freeze branding or other livestock service of susceptible animals kept on those premises using equipment of which the occupier is the owner or person in charge.
(3) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.
9. The occupier of any collecting centre or slaughterhouse in a restricted zone shall cleanse and disinfect the premises in accordance with the directions of an inspector as soon as is practicable after it has been emptied of animals and in any event before any susceptible animal, fodder, used litter or thing liable to spread disease is moved there again.
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