Animal Health Act 1981

[F1 36P Restrictions on breeding S

(1) This section applies where it appears to the Scottish Ministers that livestock is of a genotype specified in an order under section 36N.

(2) If it appears to the Scottish Ministers that there are no exceptional circumstances that justify allowing the livestock, or its semen, eggs or embryos, to be used for or in connection with breeding, they may give a notice (in this Part referred to as a “restriction notice”) to its keeper.

(3) A restriction notice—

(a) may be made so as to apply to more than one creature;

(b) may describe the livestock to which it applies in such a way as the Scottish Ministers consider appropriate; and

(c) must specify the restrictions and requirements provided for in subsections (6) to (8) so far as applicable in the circumstances of the case.

(4) If the keeper of the livestock is not the same person as its owner, the Scottish Ministers may give a separate restriction notice to the owner.

(5) If the keeper of the livestock is not the same person as the person in possession of the semen, eggs or embryos of the livestock, the Scottish Ministers may give a separate restriction notice to the person in possession of the semen, eggs or embryos.

(6) A person to whom a restriction notice is given must not—

(a) use livestock to which the notice applies, or its semen, eggs or embryos, for the purposes of or in connection with breeding; or

(b) cause or permit such livestock or such semen, eggs or embryos to be used by another person for those purposes.

(7) A person to whom a restriction notice is given must arrange for any semen, egg or embryo which—

(a) has at any time been taken from livestock to which the notice applies; and

(b) is in the person's possession or under the person's control,

to be destroyed within such period, of not less than 21 days, as may be specified in the notice.

(8) A person to whom a restriction notice is given must arrange for each creature to which the notice applies and which is owned by the person—

(a) to be castrated or (as appropriate) sterilised within such period, of not less than 21 days, as may be specified in the notice; or

(b) to be slaughtered within such period, of not less than 21 days, as may be specified in the notice,

whichever the person considers appropriate.

(9) But where a request for a review is made under section 36Q(1), the operation of the restriction notice is, so far as relating to the matters subject to review, suspended until the review is determined.

(10) For the purposes of subsection (2), exceptional circumstances include circumstances in which the imposition in relation to the livestock of the restrictions and requirements mentioned in subsections (6) to (8) is likely to—

(a) cause the extinction of the breed or type of which the livestock is a member; or

(b) jeopardise the sustainability of a common or well-established breed.

(11) For the purposes of this Part, “slaughter” includes the killing of a fish.]

Textual Amendments

F1 Pt. 2B inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 11, 55(1) (with s. 54); S.S.I. 2006/482, art. 2