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The Swine Vesicular Disease (Scotland) Order 2009

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This is the original version (as it was originally made).

CHAPTER 4Protection and surveillance zones

Protection and surveillance zones

28.—(1) The Scottish Ministers must, unless paragraph applies, declare a protection zone and a surveillance zone where premises are declared to be infected premises.

(2) The Scottish Ministers may declare zones where the infected premises are–

(a)a slaughterhouse;

(b)a veterinary surgery where a pig is present for examination;

(c)a place where a pig is kept temporarily that the Scottish Ministers consider is not a centre of infection.

(3) A protection zone must have a radius of at least 3 kilometres, and a surveillance zone must have a radius of at least 10 kilometres, both centred on the part of the infected premises that the Scottish Ministers consider appropriate for disease control purposes.

(4) The Scottish Ministers must ensure that–

(a)premises within a zone where a pig is kept are identified as soon as possible;

(b)a veterinary inspector visits all such premises within a protection zone as soon as possible, and–

(i)inspects, and if necessary, examines all pigs at the premises; and

(ii)collects such samples as the veterinary inspector considers necessary.

(5) Schedule 2 shall apply in a protection zone.

(6) Schedule 3 shall apply in a surveillance zone.

(7) If the Scottish Ministers revoke a protection zone, without revoking the corresponding surveillance zone, then the area formerly in the protection zone is included in the surveillance zone.

Declarations where swine vesicular disease is outside Scotland

29.—(1) Where a protection zone or a surveillance zone (or an equivalent zone) is established in England in relation to swine vesicular disease, the Scottish Ministers must immediately declare a–

(a)protection zone to cover at least such area in Scotland as is within 3 kilometres of the centre of the protection zone established in England; and

(b)surveillance zone to cover at least such area in Scotland as is within 10 kilometres of the centre of the surveillance zone established in England.

(2) The Scottish Ministers may declare a protection zone and a surveillance zone on being satisfied that swine vesicular disease exists on any premises in England, that is 10 or more kilometres from Scotland, or Wales.

Closing rights of way in a protection zone

30.—(1) An inspector may, if approved by the Scottish Ministers, close any right of way (including a public footpath) in a protection zone by displaying a notice to that effect on the way.

(2) Only–

(a)the occupier of the land across which the right of way lies;

(b)a person approved by the occupier; or

(c)a person entering under the authority of a licence granted by an inspector,

may use that right of way.

(3) No person may remove or alter a notice displayed under this article except as instructed by an inspector.

(4) The closure continues until–

(a)a declaration of a protection zone is revoked; or

(b)all relevant notices are removed by, or as instructed by, an inspector.

Revoking declaration of protection or surveillance zone

31.  The Scottish Ministers must not revoke a declaration of a protection zone or a surveillance zone until–

(a)cleansing and disinfection as required by this Order has been carried out at all infected premises in the zone;

(b)premises with pigs in the zone have been visited by a veterinary inspector, who has–

(i)inspected and as necessary examined the pigs; and

(ii)collected such samples as the inspector considers necessary; and

(c)all such samples have been tested with negative results.

Publicity

32.—(1) The Scottish Ministers must publicise–

(a)the extent of a zone declared under this Order;

(b)the nature of the restrictions and requirements relating to the zone;

(c)the date of a declaration of a zone, or any further declaration amending or revoking that declaration.

(2) An inspector or an officer of the Scottish Ministers may erect signs where a road (public or otherwise) enters a zone, indicating the existence of the zone.

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