The Foot-and-Mouth Disease (Scotland) (Declaratory and Controlled Area) Amendment (No. 4) Order 2001

Scottish Statutory Instruments

2001 No. 159

ANIMALS

ANIMAL HEALTH

The Foot-and-Mouth Disease (Scotland) (Declaratory and Controlled Area) Amendment (No. 4) Order 2001

Made

20th April 2001

Coming into force

21st April 2001

The Scottish Ministers, in exercise of the powers conferred by articles 17(1) and 30(1) of the Foot-and-Mouth Disease Order 1983(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1.  This Order may be cited as the Foot-and-Mouth Disease (Scotland) (Declaratory and Controlled Area) Amendment (No. 4) Order 2001 and shall come into force on 21st April 2001.

Amendment of the Foot-and-Mouth Disease Declaratory (Controlled Area) (Scotland) (No. 3) Order 2001

2.—(1) The Foot-and-Mouth Disease Declaratory (Controlled Area) (Scotland) (No. 3) Order 2001(2) is amended in accordance with this article.

(2) After article 4(14) there is inserted–

“(15) The owner or person in charge of any animal on common or unenclosed land shall not move the animal from that land unless instructed to do so by a notice from a veterinary inspector.”.

(3) In the wording in bold type above Part II of the licence specified in Schedule 1 for “5 DAYS” there is substituted “7 DAYS”.

Amendment of the Foot-and-Mouth Disease Declaratory (Scotland) Orders 2001

3.—(1) The Orders referred to in paragraph (2) are amended in accordance with paragraphs (3) to (5) of this article.

(2) The Orders referred to in paragraph (1) are–

(a) the Foot-and-Mouth Disease (Scotland) Declaratory (No. 3) Order 2001(3); and

(b) the Foot-and-Mouth Disease (Scotland) Declaratory (No. 4) Order 2001(4).

(3) In paragraph 2 of Schedule 2 of each of the foresaid Orders, there is inserted–

“(ba) An inspector may, by licence issued in the form set out in Schedule 2A to this Order, permit, for the purposes of slaughter, the movement within an infected area of animals direct to a slaughterhouse approved by the Scottish Ministers to slaughter animals moved by licence issued under this paragraph.

(bb) A veterinary inspector may, by licence, permit, for the purposes of slaughter, the movement out of an infected area of animals direct to a slaughterhouse approved by the Scottish Ministers to slaughter animals moved by licence issued under this paragraph.

(bc) For the purposes of this paragraph, licences or approvals issued in England or Wales operate as if granted in Scotland.

(bd) Where an animal is moved to a slaughterhouse under this paragraph, the occupier of the slaughterhouse shall ensure that the animal is slaughtered at those premises in accordance with any condition relating to slaughter specified in the licence and in any event within 24 hours of arrival there.

(be) The person in charge of the vehicle in which animals are moved under this paragraph shall ensure that it is thoroughly cleansed and disinfected in accordance with the requirements of paragraph 3 of Schedule 2B to this Order as soon as possible after the animals have been unloaded and, in any case, before the vehicle is moved from the delivery premises.

(bf) The occupier of premises to which animals are moved under this paragraph shall–

(i) ensure that the occupier or the occupier’s representative is given the licence under which they have been moved before allowing the animals to be unloaded from the vehicle on which they have been transported;

(ii) forward that licence without delay to the local authority responsible for the area in which those premises are situated and, in the case of a slaughterhouse, provide a copy to the official veterinary surgeon appointed for those premises;

(iii) retain a copy of that licence for a period of 6 months and produce it upon request for inspection by an inspector;

(iv) provide adequate facilities, equipment and materials for the cleansing and disinfection of the vehicle that delivered the animals to the premises in accordance with this paragraph.”

(4) After Schedule 2 of each of the foresaid Orders there is inserted the Schedule 2A and Schedule 2B set out in the Schedule to this Order.

(5) At the end of sub-paragraph (i) of Schedule 2 of each of the foresaid Orders, there is inserted–

• “;

  (j)

  The owner or person in charge of an animal shall take all such steps as may be necessary to prevent it from straying from the premises on which it is kept;

  (k)

  If an inspector finds a stray or feral animal, that inspector may detain it, and if the owner cannot be ascertained after reasonable enquiries, the animal may be destroyed by the inspector.”.

DAVID R DICKSON

A member of the staff of the Scottish Ministers

Pentland House,

Edinburgh

20th April 2001

Article 3(4)

SCHEDULE SCHEDULES 2A AND 2B AS INSERTED BY THIS ORDER

Article 2, paragraph 2(ba) of Schedule 2

SCHEDULE 2A ANIMAL HEALTH ACT 1981

FOOT-AND-MOUTH DISEASE ORDER 1983LICENCE FOR THE MOVEMENT OF ANIMALS TO SLAUGHTER

Article 2, paragraph 2(be) of Schedule 2

SCHEDULE 2B CLEANSING AND DISINFECTION OF MEANS OF TRANSPORT

Level of cleansing and disinfection

1.   All cleansing and disinfection shall be carried out so as to reduce so far as reasonably practicable the risk of transmission of disease.

Parts of the means of transport required to be cleansed

2.— (1) In the case of animals not transported in a container–

(a) whether or not they are soiled, all the inside surfaces of those parts of the means of transport in which the animals are transported, and all parts of the means of transport to which the animals may have had access during the journey, shall be cleansed; and

(b) the following shall be cleansed if they are soiled:–

(i) any detachable fittings not used during the journey;

(ii) any other part of the means of transport;

(iii) any equipment carried during the journey for use with the animals.

(2) In the case of animals transported in a container, the interior of the container shall be cleansed whether or not it is soiled, and the exterior of the container and any parts of the means of transport carrying the container shall be cleansed if they are soiled.

Method of cleansing

3.   Cleansing shall be by removing any feedingstuffs to which the animals have had access, bedding, excreta and other material of animal origin, mud and other contaminants using any appropriate means, and then cleaning with water, steam or where appropriate chemicals or chemical compounds (or, if necessary, any combination of these) until free of dirt.

Disinfection after cleansing

4.   Everything required to be cleansed under this Order shall be disinfected after cleansing has been completed, using a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 1978(5) and listed as being suitable for the control of Foot-and-Mouth Disease–

(a) at the concentration required under that Order for “General Orders”; or

(b) where no concentration is specified for “General Orders”, at the concentration required for “Foot-and-Mouth Disease Orders”.

Explanatory Note

(This note is not part of the Order)

This Order amends the Foot-and-Mouth Disease Declaratory (Controlled Area) (Scotland) (No. 3) Order 2001. The Order prevents the owner or person in charge of an animal in a Controlled Area from moving an animal on unenclosed land without notice from a veterinary inspector.

The Order amends the licence for movement to slaughter in connection with the maximum number of days within which movement must be completed.

The Order also amends the Foot-and-Mouth Disease (Scotland) Declaratory (No. 3) Order 2001 and the Foot-and-Mouth Disease (Scotland) Declaratory (No. 4) Order 2001. It amends these Orders so as to allow the licensing of movement from an infected area to slaughter, under a licence in the form prescribed, and makes further provision in that regard.

The Order also makes provision in relation to stray or feral animals.

(1)

S.I. 1983/1950, as amended by S.I. 1993/3119, S.I. 1995/2922 and, as regards Scotland, by S.S.I. 2001/52, 55 and 101. See article 3(1) for the definition of “the Minister”. The functions of “the Minister”, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

(2)

S.S.I. 2001/111, as amended by S.S.I. 2001/131.

(3)

S.S.I. 2001/153.

(4)

S.S.I. 2001/157.

(5)

S.I. 1978/32 as amended by S.I. 1999/919 and as further amended in relation to Scotland only by S.S.I. 2001/45 and S.S.I. 2000/51