The Foot-and-Mouth Disease (Export and Movement Restrictions) (Scotland) (No. 2) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and re-make with amendments the Foot-and-Mouth Disease (Export and Movement Restrictions) (Scotland) Regulations 2007.

They implement Commission Decision 2007/554/EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom dated 9th August 2007 (“the principal Decision”), as amended most recently by Commission Decision 2007/796/EC dated 5th December 2007.

The Principal Decision provides for a prohibition on the dispatch of FMD susceptible animals from Great Britain, for a prohibition on the dispatch from the United Kingdom of animal products derived from such animals from a high risk area, and for derogations enabling the member State to authorise the dispatch or export of certain categories of animal and product.

These Regulations give effect to the prohibitions for Scotland, and exercise the derogations provided for by the principal Decision.

Regulation 2 of these Regulations defines “the Decision” as the principle Decision as amended from time to time. Regulation 2 also defines a “restricted area” by reference to the high risk area specified in Annex I to the principle Decision.

The restricted area for the purpose of these Regulations is therefore comprised of the areas specified in Annex I of the principal Decision, as amended from time to time. The restricted area at the date these Regulations come into force is set out in the following table:

1	2	3
GROUP	ADNS	Administrative Unit
“ADNS” as specified in column 2 of the table means the Animal Disease Notification System under Commission Decision 2005/176/EC of 1st March 2005 laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC.
England	41	Bracknell Forest Borough
	66	Slough
	76	Windsor and Maidenhead
	77	Wokingham
	138	Buckinghamshire County, the districts of:
		South Buckinghamshire
	148	Hampshire County, the districts of:
		Hart
		Rushmoor
	163	Surrey
	168	Greater London Authority, the boroughs of:
		Hillingdon
		Hounslow
		Richmond upon Thames
		Kingston upon Thames
		Ealing
		Harrow
		Brent
		Hammersmith and Fulham
		Wandsworth
		Merton
		Sutton

Information about amendments made by the Commission to Annex I, and therefore about the extent from time to time of the restricted area for the purpose of these Regulations, will be published on the Scottish Government website at:

• www.scotland.gov.uk/Topics/Agriculture/animalwelfare/Diseases/SpecificDisease/FootAndMouthDisease/FMDcurrentsitu.

These Regulations also provide for prohibitions and restrictions on–

• the movement to, dispatch from, transit through, and export from Scotland of live animals (regulations 8 and 9),

• the export of meat from bovine, ovine, caprine, porcine and other biungulate animals from the restricted area (regulations 10 to 13),

• the export of meat products, milk and dairy products from the restricted area (regulations 14, 17 and 18),

• the export of semen, ova or embryos of bovine, ovine, caprine, porcine and other biungulate animals from the restricted area (regulation 19),

• the export of hides and skins from the restricted area (regulation 20), and

• the export of certain animal products from the restricted area (regulation 21).

The prohibitions on dispatch under these Regulations do not apply to certain animals or products as specified in the applicable regulations.

Further, the prohibition does not apply to products produced outside the United Kingdom that remain in their original packaging, or produced in the United Kingdom from pre-processed products originating elsewhere (regulation 22).

They create offences relating to personal export and of offering to export anything which it is prohibited to export under the Regulations (regulations 23 and 24).

They provide for the cleansing and disinfection of vehicles used to transport live animals susceptible to foot-and-mouth disease (regulation 15).

They provide powers in respect of enforcement (regulations 25 and 26) and create offences of obstruction and providing false information (regulations 27 and 28).

They provide for sharing of information relating to these Regulations (regulation 6).

The Regulations are enforced by the Scottish Ministers or the local authority (regulation 31).

Breach of the Regulations is an offence, punishable–

(a) on summary conviction, to a fine not exceeding the statutory maximum of £5000 or to imprisonment not exceeding three months or to both;

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.

A regulatory impact assessment has not been prepared for these Regulations.