3.—(1) Subject to paragraph (6) below, the Council may make regulations to have effect in respect of the Shetland Islands for the purposes specified in paragraph (2) below, in accordance with this article.
(2) For the purposes of avoiding the introduction to, and of controlling the presence in, the Shetland Islands of sheep scab mites (Psoroptes ovis), the regulations may regulate the movement of sheep to the Shetland Islands on their arrival there from any other part of the United Kingdom and, without prejudice to that generality, may–
(a)require the carrying out, immediately on the arrival of sheep in the Shetland Islands, of such inquiries, examinations and treatment as may be necessary for those purposes;
(b)for those purposes, require the owner of the sheep being moved to the Shetland Islands (or the agent of the owner) to intimate to the Council, in advance, the anticipated time and place of arrival there of those sheep; and
(c)subject to paragraph (3) below, require that the sheep are not mixed with any other sheep, in respect of which that requirement does not apply, for a period of not more than 48 hours following such treatment,
and the regulations may in addition make provision incidental to those purposes.
(3) For the purposes of paragraph (2)(c) above, the regulations may not require detention of any sheep at any place.
(4) The regulations shall be authenticated by being sealed with the common seal of the Council and signed by the proper officer of the Council and shall not have effect until they are confirmed by the Scottish Ministers, in accordance with paragraph (5) below.
(5) The Scottish Ministers may confirm the regulations submitted to them under this Order with or without modification or refuse to confirm them; and may fix the date upon which the regulations will have effect (and if no date is fixed that date shall be 28 days after the date of their confirmation).
(6) The regulations shall in particular make no provision–
(a)which is incompatible with the Animals and Animal Products (Import and Export) (Scotland) Regulations 2000(1); or
(b)in relation to a sheep which is accompanied by a health certificate for the purposes of Article 9 of Council Directive 91/68/EEC of 28th January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals(2), as amended by Commission Decision 94/164/EC(3).
S.S.I. 2000/216, as amended by S.S.I. 2000/300 and 2002/125 and 196.
O.J. No. L 46, 19.2.91, p.19.
O.J. No. L 74, 17.3.94, p.42.