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The Tuberculosis (Scotland) Order 2023

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PART 4Prevention of spread of infection

Precautions against spread of infection

17.—(1) Where the Scottish Ministers are satisfied that any bovine animal kept on any premises is an affected animal, a veterinary inspector may, by notice in writing served on the keeper of any such animal, require that person—

(a)to take such steps as may be reasonably practicable to prevent any bovine animal kept on the premises from infecting any bovine animal kept on any adjoining premises,

(b)to arrange for the isolation of any bovine animal which may be specified in the notice on any part of the premises so specified,

(c)to ensure that any part of the premises specified in the notice is not used by any bovine animal on the premises, or by such animal as may be so specified,

(d)at that person’s expense and within such time and in such manner as may be specified in the notice, to cleanse and disinfect with an approved disinfectant such part or parts of the premises as may be so specified,

(e)not to treat and store manure or slurry from any place which has been used by any such animal otherwise than in accordance with the requirements of the notice,

(f)not to spread any manure or to spray or spread any slurry from any place used by any such animal otherwise than in accordance with the requirements of the notice, and

(g)to cleanse and wash all utensils and other articles used for or about an animal to which the notice relates within such time and in such manner as may be specified in the notice.

(2) Where a veterinary inspector reasonably believes that any bovine animal which is, or which has been, on premises that are used for any show, exhibition, market, sale or fair, is an affected animal or has been exposed to the infection of tuberculosis, such veterinary inspector may, by notice in writing served on the occupier of such premises, require the occupier—

(a)to ensure that any part or parts of the premises specified in the notice are not used by any other bovine animal for such period as may be specified in the notice, and

(b)at the occupier’s own expense, and within such time and in such manner as may be specified in the notice—

(i)to cleanse and disinfect with an approved disinfectant such part or parts of the premises as may be specified in the notice, and

(ii)to dispose of any manure, slurry, or other animal waste, straw, litter or other matter that has or might have come into contact with such animal.

(3) If any person on whom a notice is served under this article fails to comply with the requirements of the notice, the Scottish Ministers may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and any expenses reasonably incurred by them for the purpose of making good the default are recoverable from the person in default.

(4) In this article “approved disinfectant” means a disinfectant approved for use against tuberculosis under the Diseases of Animals (Approved Disinfectants) (Scotland) Order 2008(1), used at the dilution rate stipulated in the approval and in accordance with the manufacturer’s instructions.

Suspected bovine animals in shows, exhibitions etc.

18.—(1) Where a veterinary inspector reasonably believes that a bovine animal on any premises at which a show, exhibition, market, sale or fair is being held, is affected with or has been exposed to the infection of tuberculosis, the inspector may, by notice in writing served on the keeper of the animal, require that animal to be removed from those premises, and, as the keeper of the animal may elect, taken either—

(a)to a slaughterhouse for immediate slaughter,

(b)back to the premises from which the animal was brought to the show, exhibition, market, sale or fair, or

(c)to such other premises as may be approved by the inspector for the purpose.

(2) A bovine animal may only be moved in accordance with the provisions of paragraph (1)(b) or (c) on condition that it is immediately put into isolation for a period to be terminated by a notice in writing served on the keeper of the animal by a veterinary inspector.

Control of infection from other animals

19.—(1) Where a veterinary inspector reasonably believes that an animal kept on any premises is or may be affected with tuberculosis that inspector may by notice in writing served on the occupier of the premises—

(a)require the occupier to keep the animal under control in such manner as may be specified in the notice or to confine it on such part of the premises as may be specified, or

(b)prohibit the movement of any animal on to or off the premises or any part of such premises except under the authority of a licence issued by an inspector.

(2) In this article, “animal” means any kind of mammal except man.

(1)

S.S.I. 2008/219, as amended by S.I. 2013/1506.

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