The African Horse Sickness (Scotland) Order 2012

Powers of inspectors S

28.—(1) A veterinary inspector may, at all reasonable hours, enter any premises, vehicle or vessel (except any premises used wholly or mainly as a private dwelling house) for a relevant purpose.

(2) A person entering premises, a vehicle or a vessel under paragraph (1) must produce, if required, a duly authenticated document showing their authority to enter.

(3) A person entering premises, a vehicle or a vessel under paragraph (1) may—

(a) take with them any equipment; and

(b) be accompanied by—

(i) such other person as they consider necessary; F1 ...

F2 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person entering premises under paragraph (1) may take a vehicle with them.

(5) Upon entering any premises, vehicle or vessel, an inspector may, for a relevant purpose—

(a) detain, isolate or restrain any horse there;

(b) require the detention, isolation or restraint of any horse there;

(c) detain, examine or isolate any thing there;

(d) require the detention or isolation of any thing there;

(e) mark for identification purposes any horse, carcase or thing there;

(f) require any person who knows about the movement of a horse to give details of that movement, and the details of any other horse with which it has been in contact;

(g) require any occupier of premises or keeper of horses on premises to give details of horses either on those premises or on other premises where the occupier or keeper has horses;

(h) require the production of any record kept, in whatever form that record is held;

(i) copy any record referred to in sub-paragraph (h); and

(j) inspect and check the operation of any computer and associated apparatus or material used in connection with the making and keeping of records.

(6) A veterinary inspector may for a relevant purpose—

(a) require the cleansing and disinfection of any part of any premises, or of any person, horse, vehicle, vessel or thing on premises;

(b) require the testing of any horse;

(c) require the treatment of any horse;

(d) require any occupier of premises or the keeper of animals on premises to—

(i) retain a horse for use as a sentinel horse, or allow the introduction of a sentinel horse onto premises;

(ii) move a horse to a place specified by the veterinary inspector;

(e) set traps for, and trap, vectors;

(f) require, or implement, vector control measures; and

(g) require the destruction, burial, disposal or treatment of any thing.

(7) A veterinary inspector may for a relevant purpose—

(a) examine any horse or carcase; and

(b) carry out tests, and take samples (including blood samples) from any horse, carcase or thing, for the purpose of diagnosis or epidemiological inquiry.

(8) For the purposes of this article, each of the following is a “relevant purpose”—

(a) monitoring or carrying out surveillance for—

(i) the African horse sickness virus;

(ii) antibodies to the African horse sickness virus; or

(iii) vectors; or

(b) ensuring compliance with this Order.

(9) In this article, “sentinel horse” means a horse that is used for the purpose of surveillance for the African horse sickness virus which, when first introduced or retained at any premises for that purpose, does not have antibodies to the African horse sickness virus in respect of which surveillance is being carried out.

Textual Amendments

F1 Word in art. 28(3)(b) omitted (31.12.2020) by virtue of The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 30(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 28(3)(b)(ii) omitted (31.12.2020) by virtue of The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 30(4)(b); 2020 c. 1, Sch. 5 para. 1(1)