16. After Part 4 (BVD findings and status) insert—
23B.—(1) This article applies to the keeper of a breeding herd or breeding bovine animal if, by the date of the most recent compliance deadline (set in accordance with article 10), the keeper has failed to comply with any obligations, so far as applicable to that keeper, in articles 11 and 14 (in this article “the applicable obligations”).
(2) The keeper must not, during the relevant period, move (or arrange to move) any animal forming part of the breeding herd or the breeding bovine animal off the holding on which it is kept unless—
(a)the animal is being moved to slaughter;
(b)the movement is under a licence granted by a veterinary inspector; or
(c)an approved veterinary surgeon reasonably considers that appropriate testing has been carried out which shows that the animal is not or is no longer an infected animal and has notified the Scottish Ministers of that fact.
(3) In paragraph (2), “the relevant period” is the period—
(a)beginning with the later of—
(i)1st January 2014; or
(ii)the date of the most recent compliance deadline; and
(b)ending on the date on which the keeper has complied with all of the applicable obligations and has been informed under article 17(2)(b)—
(i)of the BVD finding; and
(ii)where the case mentioned in article 17(2)(b)(ia) is applicable, of the result of the BVDV test in relation to the identified calf or bovine animal.
23C.—(1) The keeper of a qualifying calf must not move (or arrange to move) the calf off the holding on which it is born unless paragraph (2) or (3) applies.
(2) This paragraph applies where—
(a)a sample has been taken from the calf under article 15(1)(a) and submitted under article 15(1)(b); and
(b)the keeper has, in accordance with article 18(2)(b), been informed that the calf has tested negative for the presence of BVDV.
(3) This paragraph applies where—
(a)the calf is being moved to slaughter;
(b)the move is under a licence granted by a veterinary inspector; or
(c)an approved veterinary surgeon reasonably considers that appropriate testing has been carried out which shows that the calf is not or is no longer an infected animal and has notified the Scottish Ministers of that fact.
23D.—(1) This article applies—
(a)where the keeper of a bovine animal knows, or ought reasonably to know, that it is an infected animal; and
(b)until an approved veterinary surgeon considers, following appropriate further testing, that the animal is not or is no longer an infected animal and has notified the Scottish Ministers of that fact.
(2) The keeper must not move (or arrange to move) the animal off the holding on which it is kept unless—
(a)the animal is being moved to slaughter under arrangements which do not give rise to any appreciable risk of the infection with BVDV of any other bovine animal (except a bovine animal which is also being moved to slaughter); or
(b)the movement is under a licence granted by a veterinary inspector.
(3) For the purposes of paragraph (1), the keeper of a bovine animal is to be taken to know that the animal is an infected animal if—
(a)on at least one occasion a sample (of any description) has been taken from the animal which has been tested by a laboratory (by any means) for the presence of BVDV; and
(b)on that occasion or, where the keeper knows of more than one such occasion, the last such occasion, the result of the test has confirmed the presence of BVDV and the operator of the laboratory has informed the keeper of that fact.”.