The Swine Vesicular Disease (Scotland) Order 2009

Explanatory Note

(This note is not part of the Order)

This Order transposes provisions of Council Directive 92/119/EEC (O.J. No. L 62, 15.3.1993, p.69) (“the 1992 Directive”), introducing general Community measures for the control of certain animal diseases, and specific measures relating to swine vesicular disease, in so far as the 1992 Directive provides for controls for that disease.

The 1992 Directive was amended by Commission Directive 2007/10/EC amending Annex II to the 1992 Directive as regards measures to be taken with a protection zone following an outbreak of swine vesicular disease (O.J. L 63, 1.3.2007, p.24) (“the 2007 Directive”).

The 1992 Directive, and in particular the amendments made to it by the 2007 Directive, is also transposed so far as relating to swine vesicular disease by the Products of Animal Origin (Disease Control) (Scotland) Order 2008 (“the 2008 Order”).

This Order and the 2008 Order are made under powers in the Animal Health Act 1981. The definition of ‘disease’ in section 88(1) of that Act was extended to include swine vesicular disease for all the purposes of that Act by article 3(2) of the 2008 Order.

Part 1 of the Order contains definitions and makes provision for the application of the Order.

Part 2 of the Order makes general provisions relevant to the application of the measures in the Order.

Part 3 of the Order makes provision in respect of pigs living in the wild, pigs used in research and conservation of species.

Part 4 of the Order contains the control measures that will apply in the event of an outbreak, including special provision for suspicion of disease. The detailed measures applying to–

(a) suspected or infected premises are set out in Schedule 1;

(b) protection zones are set out in Schedule 2; and

(c) surveillance zones are set out in Schedule 3.

Part 5 contains provisions relating to inspection and enforcement, revocation of earlier control legislation, and a consequential amendment of the 2008 Order.

Failure to comply with the Order is an offence under section 73 of the Animal Health Act 1981, punishable in accordance with section 75 of that Act.

A Regulatory Impact Assessment on the effect of this instrument has been placed in the Scottish Parliament Information Centre. A copy may be obtained from the Scottish Government Rural Directorate, Pentland House, Robb’s Loan, Edinburgh EH14 1TW.