The Bluetongue (Scotland) Amendment Order 2008

Explanatory Note

(This note is not part of the Order)

This Order amends the Bluetongue (Scotland) Order 2008 (“the principal Order”), mainly to make specific provision for vaccination of animals against bluetongue.

Article 2(2) makes minor amendments to definitions contained in the principal Order. The definition of “animal” has been expanded to include camelids.

Article 2(3) adds to the existing provision made in relation to declarations of zones under the principal Order, requiring that any conditions in a declaration must be complied with.

Article 2(4) makes a similar adjustment to the existing provision made in relation to licences granted under the principal Order, requiring that any conditions in a licence must be complied with.

Article 2(5) combines provisions contained in various parts of the principal Order relating to powers of inspectors, within a single article. This takes account of what was previously contained within articles 17, 21, 22 and 25 of the principal Order. It also sets out powers available to a veterinary inspector in relation to vaccination within a protection zone (inserted article 16A(8)).

Article 2(6) expands article 18 of the principal Order which deals with the designation of slaughterhouses, providing that the operator of a slaughterhouse in a surveillance zone can only slaughter an animal from a protection zone if licensed to do so.

Article 2(7) makes more detailed provision in relation to animal movements from restricted zones to premises in a free area, and movement of vaccinated animals, replacing article 19 of the principal Order. Provision is made for specified movements to be notified, the requirement to do so being dependent on the nature of the movement and whether it has been made directly or indirectly.

Any vaccinated animal moved from anywhere in the United Kingdom to a surveillance zone or free area must be accompanied by a veterinary certificate, the requirements of such a certificate being set out in the new article 19(4).

Article 2(8) replaces articles 23 (vaccination against bluetongue) and 24 (compliance with notices) of the principal Order with new provisions relating to vaccination and compliance:

New article 22A provides that no person is able to obtain vaccine unless authorised to do so.

New article 22B sets out, with exceptions, the general prohibition on vaccination.

New article 22C enables Scottish Ministers to declare a vaccination zone, and sets out the action to be taken within such a zone. Separate vaccination provision is made for sheep and cattle, and for other animals. Any occupier of premises or keeper of animals is required to comply with conditions relating to vaccination set out in the declaration by Scottish Ministers.

New article 22D provides that costs incurred by any person in taking action, or refraining from taking any prohibited action, are, in normal circumstances, to be met by that person.

New article 22E sets out the powers of inspectors in cases of default, providing that they can take any necessary action to ensure that a requirement is met, and that the costs of such action are recoverable summarily by the Scottish Ministers from that person.