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2.—(1) The Tuberculosis (Scotland) Order 2007(1) is amended in accordance with the following paragraphs.
(2) In article 2 (interpretation), insert in the appropriate places, according to alphabetical order—
““cross-border holding” means premises which are partly situated in Scotland and partly situated in England;” and
““low incidence area” means an area in England or Wales where bovine animals are required to be subject to routine tuberculin testing on a 3 or 4 yearly basis, in accordance with the requirements of Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine(2);”.
(3) In article 8 (pre movement testing),for paragraph (4), substitute—
“(4) The occupier of any premises in Scotland shall not allow to enter those premises any bovine animal from premises in a low incidence area unless that animal has had applied to it, in the low incidence area, a diagnostic test for tuberculosis no more than 60 days before the date of its movement from the premises in a low incidence area.
(5) Paragraph (4) shall not apply to any bovine animal which was born and kept at all times on premises in a low incidence area.
(6) For the purposes of paragraph (5), a bovine animal which was born and kept at all times on premises in a low incidence area includes a bovine animal which has been moved from premises in a low incidence area to an agricultural show or a market in a high incidence area.
(7) Where a bovine animal on any premises in Scotland which has been moved from any premises in a low incidence area has not had applied to it a diagnostic test for tuberculosis, in the low incidence area, no more than 60 days before the date of its movement from the premises in the low incidence area, the keeper of the animal shall ensure that test is applied to the animal as soon as reasonably practicable after it is known to that person that a test was not applied before the animal was moved from the low incidence area.
(8) This article shall not apply to any bovine animal under 42 days of age at the time it is moved to Scotland.”.
(4) After article 9 (post movement testing), insert—
9A. Articles 8 and 9 do not apply to movements of animals within a cross-border holding where the movement is from that part of the holding situated in England to that part of the holding situated in Scotland or vice versa.”.
(5) In article 10 (application of test), for “8(1) or (3)”, substitute “8(1), (3), (4) or (7)”.
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