The Disease Control and Animal Movements (Interim Measures) (Scotland) Amendment Order 2002 No. 221

Scottish Statutory Instruments

2002 No. 221

ANIMALS

ANIMAL HEALTH

The Disease Control and Animal Movements (Interim Measures) (Scotland) Amendment Order 2002

Made

8th May 2002

Coming into force

9th May 2002

The Scottish Ministers, in exercise of the powers conferred by sections 1, 7 and 8(1) of the Animal Health Act 1981(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and extent

1.—(1) This Order may be cited as the Disease Control and Animal Movements (Interim Measures) (Scotland) Amendment Order 2002 and shall come into force on 9th May 2002.

(2) This Order extends to Scotland only.

Amendments to the Disease Control (Interim Measures) (Scotland) Order 2002

2.—(1) The Disease Control (Interim Measures) (Scotland) Order 2002(2) is amended in accordance with the following provisions of this article.

2 In article 3 (restrictions on the movement of animals)–

(a) in paragraph (2)(a), for “or place for veterinary treatment or research”, there is substituted “, place for veterinary treatment or research or slaughterhouse (except in the case of a pig moved from a slaughterhouse prior to slaughter)”; and

(b) for paragraph (2)(b), there is substituted–

“(b) if the animal which is to be moved from the premises on which it is located is–

(i) cattle;

(ii) a pig; or

(iii) a sheep or a goat, where that movement commences on or after 18th May 2002,

and where the cattle, pig, sheep or goat to be moved has been held separately from animals which have been moved onto the premises in accordance with the provisions of article 5 and the premises have been authorised for those purposes by the Scottish Ministers before the animal moves onto those premises, after receipt of the declaration in the form specified in Schedule 1;”.

(3) In article 4 (specific exemptions)–

(a) at the end of paragraph (a), there is inserted–

“and in accordance with article 3(2)(b)”;

(b) in each of paragraphs (d) and (f) after “any animal”, there is inserted–

“by virtue only of the fact that it comes”;

(c) for paragraphs (g) and (h), there are substituted–

“(g) movement of any camelid, provided that no animal other than a camelid has been present at the premises from which the camelid is being moved within the period of 20 days prior to the date of movement;

(h) movement of sheep returning from premises at which they were away wintered to the premises from which they were away wintered;”; and

(d) for paragraph (l), there is substituted–

“(l) movement of any animal between premises in respect of which a right of grazing in common with other proprietors is exercisable;

(m) movement of any animal from premises to a show or exhibition, provided that the animal either–

(i) has not been at a show or exhibition within the period of 20 days prior to the date of movement; or

(ii) has been at a show or exhibition within the period of 20 days prior to the date of movement but has been held separately on the premises from which it is moved in accordance with the provisions of article 5(1)(a), (2), (3) and (4), those premises also having been authorised for this purpose by the Scottish Ministers before the animal returned to those premises from the first such show or exhibition;

(n) movement of any animal (other than to a show or exhibition) from premises by virtue only of the fact that it comes from premises in relation to which an animal has been returned after being moved to a show or exhibition;

(o) movement of pigs, sheep, goats, cattle, camelids or deer from premises to a place for veterinary treatment or research provided (except in the case of pigs) that the animals will be isolated from all other animals whilst the treatment is carried out;

(p) movement of pigs, cattle, sheep and goats from premises to an artificial insemination centre;

(q) movement of any animal by virtue only of the fact that it comes from premises in relation to which an animal has been returned after being moved in accordance with paragraph (o) or (p).”.

(4) After article 6 (regulation of markets), there is inserted–

“Offence of unauthorised access to stock areas in market premises

6A.   Any person taking access to alleys, pens, sale rings and loading banks of the stock area within market premises who has not been permitted such access by the person holding a market under article 6, or who has been permitted such access but does not comply with the conditions of such access specified in paragraph 3 of Schedule 2, commits an offence against the Act.”.

(5) Article 11(5) is omitted.

(6) In Schedule 2 (requirements on markets)–

(a) in paragraph 2, “that” is omitted; and

(b) for paragraph 3, there is substituted–

“3.   Access may be permitted to alleys, pens, sale rings and loading banks of the stock area within the market premises, but any person holding a market shall ensure that those persons having access (including personnel working in the market) must wear clean clothing suitable for the purpose and rubber boots when having such access (except in the case of those handling or leading breeding bulls or other haltered cattle who may, instead of rubber boots, wear robust footwear capable of being cleansed and disinfected).”.

Amendment to the Pigs (Records, Identification and Movement) Order 1995

3.  For Schedules 2, 3, 4, 6 and 7 to the Pigs (Records, Identification and Movement) Order 1995(3), there are substituted the Schedules 2, 3, 4, 6 and 7 contained in the Schedule to this Order.

Amendment to the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002

4.  For article 4 (maximum number of eartags) of the Sheep and Goats (Interim Measures) (Scotland) Order 2002(4), there is substituted–

“4.   No person shall apply a movement eartag under article 3(1) if the sheep or goat has been marked with any three eartags (in any combination) of the following types of eartag:–

(a) an eartag under article 3 of this Order;

(b) an eartag under the 2000 Regulations; or

(c) any eartag required by legislation in force in another part of the British Islands which is equivalent to an eartag under paragraphs (a) or (b).”.

ROSS FINNIE

A member of the Scottish Executive

St. Andrews House,

Edinburgh

8th May 2002

Article 3

SCHEDULE SCHEDULES 2, 3, 4, 6 AND 7 AS INSERTED BY THIS SCHEDULE

Article 9

“SCHEDULE 2 MOVEMENT OF PIGS FROM A FARM – FORM OF DECLARATION

The Pigs (Records, Identification and Movement) Order 1995 (Article 9)

Declaration relating to movement of pigs from a farm

Article 9

SCHEDULE 3 MOVEMENT OF PIGS FROM A FARM FOR BREEDING, EXHIBITION, ARTIFICIAL INSEMINATION OR VETERINARY TREATMENT AND ON RETURN TO A FARM FOLLOWING EXHIBITION, ARTIFICIAL INSEMINATION OR VETERINARY TREATMENT – FORM OF DECLARATION

The Pigs (Records, Identification and Movement) Order 1995 (Article 9)

Declaration relating to movement of pigs from a farm for breeding, exhibition, artificial insemination or veterinary treatment and on return to a farm following exhibition, artificial insemination or veterinary treatment

Article 9

SCHEDULE 4 MOVEMENT OF PIGS ON RETURN TO THE FARM AFTER MOVEMENT FROM THE FARM FOR BREEDING PURPOSES – FORM OF DECLARATION

The Pigs (Records, Identification and Movement) Order 1995 (Article 9)

Declaration relating to movement of pigs on return to the farm after movement from the farm for breeding purposes

Article 9

SCHEDULE 6 MOVEMENT OF PIGS FROM A COLLECTING CENTRE – FORM OF DECLARATION

The Pigs (Records, Identification and Movement) Order 1995 (Article 11)

Declaration relating to movement of pigs from a collecting centre

Article 12

SCHEDULE 7 MOVEMENT OF PIGS OTHER THAN MOVEMENT AUTHORISED UNDER ARTICLE 9, 10 OR 11 – FORM OF LICENCE

The Pigs (Records, Identification and Movement) Order 1995 (Article 12)

Licence for movement of pigs other than movement from a farm and on return after movement for certain purposes and from collecting centres

”.

Explanatory Note

(This note is not part of the Order)

This Order principally amends the Disease Control (Interim Measures) (Scotland) Order 2002 (“the principal Order”). It amends the 20-day standstill on the movement of animals contained in articles 3, 4 and 5 of the principal Order, as follows.

It permits the movement of animals to premises if those animals return from slaughterhouses (article 2(2)(a)).

It permits the movement of animals from premises to shows and exhibitions (under certain restrictions) to places for veterinary treatment or research or to artificial insemination centres. It further permits those animals to be returned to the holding from which they came without applying the standstill to the animals on the holding to which they are returned (article 2(3)(d)).

It also extends the common grazings exemption in article 4(l) of the principal Order to animals subject to that Order other than sheep, and amends the exemptions for the movement of a camelid and away wintering (article 2(3)(c) and (d)).

It brings the movements of pigs within the restrictions of the principal Order and permits the movement of pigs on the same conditions (including separation conditions) as cattle (article 2(2)(b) and (3)(a)).

The Order also creates a specific offence of taking unauthorised access to a stock area in market premises regulated by the principal Order (article 2(4)). Such access may only be authorised in accordance with the requirements of paragraph 3 of Schedule 2 to the principal Order.

Article 2(3)(b) and (6) correct drafting defects in the principal Order.

This Order makes amendments relative to the changes to the standstill measures in relation to pigs contained in article 2(2)(b) and (3)(a), and further minor amendments, to the forms of declaration contained in Schedules 2, 3, 4, 6 and 7 to the Pigs (Records, Identification and Movement) Order 1995 (article 3), as formerly substituted into that Order by the principal Order.

This Order also makes a clarifying amendment to article 4 of the Sheep and Goats Movement (Interim Measures) (Scotland) Order 2002 which makes provision for the maximum number of eartags in connection with the requirement to have a movement eartag applied under certain circumstances (article 4).

A breach of the terms of the principal Order or of a licence issued thereunder constitutes an offence under the Animal Health Act 1981.

A Regulatory Impact Assessment has not been prepared for this Order.

(1)

1981 c. 22. See section 86(1) for the definition of “the Ministers”. The functions of the Ministers of the Crown were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

(2)

S.S.I. 2002/34.

(3)

S.I. 1995/11, as amended by S.I. 1995/2922 and S.S.I. 2000/167 and 300 and 2002/34. Schedules 2, 3, 4, 6 and 7 were substituted by S.S.I. 2002/34.

(4)

S.S.I. 2002/38.