The Bovine Viral Diarrhoea (Scotland) Order 2019

Interpretation

2.—(1) In this Order unless the context otherwise requires—

“2013 Order” means the Bovine Viral Diarrhoea (Scotland) Order 2013(1),

“the Act” means the Animal Health Act 1981(2),

“approved laboratory” means a laboratory approved by the Scottish Ministers in accordance with article 7,

“approved veterinary surgeon” means a veterinary surgeon approved by the Scottish Ministers in accordance with article 6,

“bovine animal” means a domestic animal of the genus Bos or the species Bubalus bubalus or Bison bison,

“breeding bovine animal” means a bovine animal not forming part of a herd of bovine animals which, whether by natural, assisted or artificial means, is intended by its keeper to breed or no steps are taken to prevent or minimise the chances of its breeding,

“breeding herd” means a group of two or more bovine animals in which breeding, whether by natural, assisted or artificial means, is intended by its keeper to take place or no steps are taken to prevent or minimise the chances of such breeding,

“BVD” means bovine viral diarrhoea,

“BVDV” means BVD virus,

“calf” means a bovine animal aged 18 months or less,

“collective BVD status” means the BVD status of a breeding herd as determined in accordance with article 27,

“coming into force day” means the day on which this Order comes into force,

“CPH number” means the county parish holding number assigned to a holding or part of a holding by the Scottish Ministers,

“dairy breeding herd” means a breeding herd which is primarily maintained for the purpose of milk production and which is being managed according to a system which allows for the possibility of calving throughout the year,

“high risk animal” means a bovine animal which—

(a)

is a qualifying calf,

(b)

has been moved onto and kept on a holding for a period of more than 40 days and immediately prior to the movement was part of a breeding herd which had a collective BVD status of not negative, or

(c)

is an animal which has—

(i)

spent any part of its life outside Scotland and been moved into Scotland, and

(ii)

been kept in Scotland for a period of more than 40 days,

“holding” means a holding or part of a holding to which a CPH number has been assigned,

“individual BVD status” means the BVD status of an individual bovine animal as determined in accordance with article 26,

“inspector” has the same meaning as in section 89 of the Act,

“keeper” means, in relation to a bovine animal, the person who is in day-to-day charge of the animal and that person remains the keeper where the animal is placed temporarily in the control of another person (including where it is placed in the control of a transporter),

“management tag” means an ear tag, other than an official ear tag, which is suitable to be applied to a bovine animal for the purpose of taking a sample of tissue,

“official ear tag” means an ear tag applied under the Cattle Identification (Scotland) Regulations 2007(3),

“official ear tag number” means the number which is printed on an official ear tag,

“premises” means any land, building or vehicle, of any description,

“qualifying calf” means a calf of a bovine animal that is born otherwise than into a breeding herd or to a breeding bovine animal,

“separately managed group” means, within a breeding herd, any bovine animals that, for a period of two consecutive months or more, graze or are housed together—

(a)

separately from any other animals in the herd, and

(b)

in sufficient proximity to each other to allow BVDV to circulate amongst them,

“Shetland Islands” means the local government area of the Shetland Islands which comprises the area of Shetland Islands Council as set out in section 1(2) and schedule 1 of the Local Government etc. (Scotland) Act 1994(4),

“veterinary inspector” has the same meaning as in section 89 of the Act, and

“working day” means a day which is not a Saturday, Sunday or a day specified as a bank holiday in paragraph 2 of schedule 1 of the Banking and Financial Dealings Act 1971(5).

(2) In this Order, any reference to a compliance deadline is a reference to a compliance deadline determined in accordance with article 11.

(3) In this Order, unless the context otherwise requires, any reference to an article or a schedule is a reference to an article in, or the schedule of, this Order.

(1)

S.S.I. 2013/3. Amended by S.S.I. 2013/21, S.S.I. 2013/337, S.S.I. 2013/363 and S.S.I. 2015/186.

(2)

1981 c.22.

(3)

S.S.I. 2007/174. Amended by S.S.I 2007/312, S.S.I. 2011/412, S.S.I. 2017/133, S.S.I. 2018/391 and S.S.I. 2019/71.

(4)

1994 c.39.

(5)

1971 c.80. Amended by St Andrew’s Day Bank Holiday (Scotland) Act 2007 (asp 2).