The Animal Health (Notification and Control Measures) (Miscellaneous Amendments) (Scotland) (No. 2) Order 2021

Scottish Statutory Instruments

2021 No. 456

Animals

The Animal Health (Notification and Control Measures) (Miscellaneous Amendments) (Scotland) (No. 2) Order 2021

Made

7th December 2021

Laid before the Scottish Parliament

9th December 2021

Coming into force

30th December 2021

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 1, 15(5) and 17(1) and of the Animal Health Act 1981(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Animal Health (Notification and Control Measures) (Miscellaneous Amendments) (Scotland) (No. 2) Order 2021 and comes into force on 30 December 2021.

Amendment of the Diseases of Poultry (Scotland) Order 2003

2.—(1) The Diseases of Poultry (Scotland) Order 2003(2) is amended in accordance with this article.

(2) For article 3A (notification procedures to be taken where infection with avian mycoplasmosis or avian chlamydiosis is suspected), substitute—

Notification procedure where an infection with Avian Mycoplasmosis is suspected

3A.— (1) A person who—

(a) analyses a sample from a bird or carcase, and

(b) reasonably suspects that the bird or carcase is infected with avian mycoplasmosis (infection with Mycoplasma gallisepticum or M. meleagridis),

must immediately inform an authorised veterinary inspector of that suspicion.

(2) This article applies only in relation to domestic fowl and turkeys.

Notification procedure where an infection with Avian Chlamydiosis is suspected

3B.— (1) A person who—

(a) analyses a sample from a bird or carcase, and

(b) reasonably suspects that the bird or carcase is infected with avian chlamydiosis,

must immediately inform an authorised veterinary inspector of that suspicion.

(2) This article applies only in relation to birds of the order Psittaciformes.”.

Amendment of the Foot-and-Mouth Disease (Scotland) Order 2006

3.—(1) The Foot-and-Mouth Disease (Scotland) Order 2006(3) is amended in accordance with this article.

(2) In article 15(1) (declaration of temporary control zone), for “shall” substitute “may”.

MAIRI GOUGEON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

7th December 2021

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order amends the Diseases of Poultry (Scotland) Order 2003 (“the Diseases of Poultry Order”), which, amongst other things, makes provision for the notification procedures and measures to be taken in relation to birds affected or suspected of being affected by disease, and premises where disease exists or has existed.

Article 2(2) of this Order substitutes article 3A (notification procedures to be taken where infection with avian mycoplasmosis or avian chlamydiosis is suspected) of the Diseases of Poultry Order with a new article 3A on the notification of avian mycoplasmosis and a new article 3B on the notification of avian chlamydiosis. The requirement to notify avian mycoplasmosis only applies to domestic fowl and turkeys. The requirement to notify avian chlamydiosis only applies to birds of the order Psittaciformes (parrots and parrot-like birds).

Article 3 of this Order amends the Foot-and-Mouth Disease (Scotland) Order 2006 (“the Foot-and-Mouth Disease Order”), which makes provision for the control of foot-and-mouth disease.

Article 3(2) of this Order amends article 15 of the Foot-and-Mouth Disease Order to give Ministers discretion to declare a temporary control zone around suspect premises.

(1)

1981 c. 22. Powers to make orders under these sections were originally conferred on “the Ministers”, as defined in section 86(1) of the Animal Health Act 1981. The functions of the Ministers, insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.S.I. 2003/354. Article 3A was added by S.S.I. 2021/130.

(3)

S.S.I. 2006/44.