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The Bovine Viral Diarrhoea (Scotland) Amendment Order 2015

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Article 16(2)

SCHEDULETRANSITIONAL AND SAVINGS PROVISIONS

First compliance deadline

1.—(1) This paragraph applies where a person—

(a)is, immediately before 1st June 2015, keeping a herd or bovine animal in Scotland, as a breeding herd or breeding bovine animal; and

(b)has done so for a total of not less than 30 days in the period beginning on 9th February 2015 and ending immediately before 1st June 2015.

(2) Where this paragraph applies, article 10(1) of the principal Order, as substituted by article 4 of this Order, applies subject to the modification that the reference to “the date falling 13 calendar months after this article first applies to the breeding herd or breeding bovine animal” is to be construed as a reference to the date falling 13 calendar months after 1st June 2015.

2.—(1) This paragraph applies where a person—

(a)is, immediately before 1st June 2015, keeping a herd or bovine animal in Scotland, as a breeding herd or breeding bovine animal; and

(b)has done so for a total of less than 30 days in the period beginning on 9th February 2015 and ending immediately before 1st June 2015.

(2) Where this paragraph applies, article 10(1) of the principal Order, as substituted by article 4 of this Order, applies subject to the modification that the reference to “the date falling 13 calendar months after this article first applies to the breeding herd or breeding bovine animal” is to be construed as a reference to the date falling 13 calendar months after the day on which the herd or animal is kept in Scotland, as a breeding herd or breeding bovine animal, for a total of not less than 30 days.

Second and subsequent compliance deadlines

3.—(1) This paragraph applies where a person—

(a)is, immediately before 1st June 2015, the keeper of a breeding herd or breeding bovine animal; and

(b)in relation to that herd or animal, is for the purpose of article 9(1) of the principal Order subject to the obligations, so far as applicable to that person, in articles 11 and 14 of the principal Order, in order to comply with a second compliance deadline or subsequent compliance deadline set in accordance with article 10 of the principal Order as it had effect prior to its substitution by article 4 of this Order.

(2) Where this paragraph applies, the person is to be treated as if, on 1st June 2015—

(a)that person is subject to the obligations, so far as applicable, in articles 11 and 14 of the principal Order as amended by articles 5 and 8 of this Order;

(b)article 10(3)(a) and (4)(a) of the principal Order, as substituted by article 4 of this Order, applies subject to the modification that references to “the first compliance deadline” are to be construed as references to the date on which the person required to comply with article 9(1) of the principal Order in relation to the first compliance deadline set in accordance with article 10 of the principal Order as it had effect prior to its substitution by article 4 of this Order; and

(c)article 10(3)(b) and (4)(b) of the principal Order, as substituted by article 4 of this Order, applies subject to the modification that references to “the immediately preceding compliance deadline” are to be construed as references to the date on which the person complied with article 9(1) of the principal Order in relation to the second or subsequent compliance deadline set in accordance with article 10 of the principal Order as it had effect prior to its substitution by article 4 of this Order.

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