Scottish Statutory Instruments
2001 No. 111
ANIMALS
ANIMAL HEALTH
The Foot-and-Mouth Disease Declaratory (Controlled Area) (Scotland) (No. 3) Order 2001
Made 16th March 2001
Coming into force in accordance with article 1(2)

The Scottish Ministers, in exercise of the powers conferred by article 30(1) of the Foot-and-Mouth Disease Order 1983, and of all other powers enabling them in that behalf, hereby make the following Order:
S.I. 1983/1950, as amended by S.I. 1993/3119, 1995/2922 and, as regards Scotland, by S.S.I. 2001/52, 55 and 101. See article 3(1) for the definition of “the Minister”. The functions of “the Minister”, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

Citation, commencement, extent and interpretation
1. (1) This Order may be cited as the Foot-and-Mouth Disease Declaratory (Controlled Area) (Scotland) (No. 3) Order 2001.
(2) This Order, other than article 8(2), shall come into force on 17th March 2001 and article 8(2) shall come into force immediately before midnight on 16th March 2001.
(3) This Order extends to Scotland only.
(4) In this Order, “the 1983 Order” means the Foot-and-Mouth Disease Order 1983.
(5) Unless the context otherwise requires, terms used in this Order which are also used in the 1983 Order shall have the same meaning in this Order as they have in the 1983 Order.

Declaration of controlled area
2. The territory of Scotland is declared a controlled area to which the provisions of Part IV of the 1983 Order apply as disapplied to the extent set out in article 3 below and as varied in accordance with this Order.

Disapplication of certain provisions of the 1983 Order
3. Articles 31, 32, 34, 36(2) and (3)(b) and 37 of the 1983 Order do not apply.

Variation of the provisions of the 1983 Order
4. (1) Part IV of the 1983 Order is varied by the addition of the requirements set out in the following provisions of this article.
(2) Article 33 shall not apply if the slaughterhouse or knackery product is controlled by and disposed of in accordance with–
(a) the Specified Risk Material Order 1997;
S.I. 1997/2964 as amended, as regards Scotland, by S.S.I. 2000/344 and 2001/4.
(b) the Specified Risk Material Regulations 1997; or
S.I. 1997/2965 as amended by S.I. 1997/3062, S.I. 1998/2045 (itself amended by S.I. 1998/2431), S.I. 1999/539, and, as regards Scotland only, by S.S.I. 2000/62, 345, 2001/3 and 86.
(c) the Animal By-Products Order 1999.
S.I. 1999/646.
(3) Subject to paragraph (4) below, no person shall–
(a) move any animal from the premises on which it is located, other than under the authority of a licence issued by the Scottish Ministers;
(b) except where article 5 below applies, move any animal into or out of the controlled area other than under the authority of a licence issued by the Scottish Ministers or, in the case of movements from outwith the territory of Scotland, by the Minister.
(4) An inspector may, by licence issued in the form set out in Schedule 1 to this Order and subject to the conditions set out in that Schedule, permit for slaughter the movement of–
(a) sheep, cattle or pigs direct to a slaughterhouse, approved by the Scottish Ministers to slaughter animals, moved by virtue of a licence issued under this paragraph;
(b) sheep or cattle to a collecting centre, licensed by the local authority under paragraph (8) below, for onward movement direct to a slaughterhouse approved under sub-paragraph (a) above,
and a licence under this paragraph may permit the movement of animals to a controlled area contiguous to that declared by this Order.
(5) Where an animal is moved to a slaughterhouse under paragraph (4) above, the occupier of the slaughterhouse shall ensure that the animal is slaughtered at those premises in accordance with any condition relating to slaughter specified in the licence and in any event, within 24 hours of arrival there.
(6) The person in charge of the vehicle in which an animal is moved under paragraph (4) above shall ensure that the vehicle is thoroughly cleansed and disinfected in accordance with the requirements of Schedule 2 to this Order as soon as possible after the animals have been unloaded from it and, in any case, before that vehicle is moved from those premises.
(7) Subject to paragraph (8) below, no person shall use any premises for fairs, markets, shows or other gatherings of animals.
(8) Notwithstanding the prohibition in paragraph (7) above, the use of premises as a collecting centre may be permitted by licence issued by an inspector of the local authority, in accordance with the advice of the Chief Veterinary Officer.
(9) Hunting and stalking are prohibited.
(10) Except under paragraphs (4) and (8) above, licences under Part IV of the 1983 Order may only be issued by the Scottish Ministers.
(11) The Scottish Ministers shall not issue licences under that Part except in accordance with the advice of the Chief Veterinary Officer.
(12) Where a local authority issues a licence under that Part, it shall retain a copy of the licence for a period of not less than 6 months.
(13) The operator of premises to which animals are moved under paragraph (4) above, shall–
(a) ensure that the representative of that operator is given the licence under which they have been moved before allowing the animals to be unloaded from the vehicle on which they have been transported;
(b) forward that licence without delay to the local authority responsible for the area in which those premises are situated and, in the case of a slaughterhouse, to the official veterinary surgeon appointed for those premises;
(c) retain a copy of that licence for a period of not less than 6 months and produce it upon request for inspection by an inspector;
(d) provide adequate facilities, equipment and materials for the cleansing and disinfection in accordance with this Order of the vehicle that delivered the animal to the premises; and
(e) in the case of a collecting centre, ensure that sheep are marked or tagged so as to enable the identity of that collecting centre to be established throughout their onward movement to a slaughterhouse.
(14) No person shall move any carcass (other than a carcass of an animal slaughtered for human consumption or a suspect BSE or scrapie carcass destined for disposal) from premises other than a slaughterhouse or a knacker’s yard, except under the authority of a licence issued by the Scottish Ministers.

Transit of animals through the Controlled Area
5. The Scottish Ministers may, by licence in writing (or in electronic form), authorise the movement of bi-ungulate animals originating outside the United Kingdom, to another member State, if those animals travel through the controlled area in direct and uninterrupted transit on main roads or by rail.

Licences and approvals issued otherwise than in Scotland
6. For the purposes of this Order, licences or approvals granted by the Minister under any Order made in exercise of the powers conferred by article 30 of the 1983 Order (other than in relation to Scotland) shall have effect in or as regards Scotland as if they were granted by the Scottish Ministers.

Enforcement
7. The provisions of Part IV of the 1983 Order as varied by this Order shall, in so far as they are to be enforced in slaughterhouses, be enforced by the Scottish Ministers.

Revocations
8. (1) Article 2 of the Foot-and-Mouth Disease (Scotland) (Declaratory and Controlled Area) Amendment Order 2001 is revoked.
S.S.I. 2001/66.
(2) Article 1(2) of the Foot-and-Mouth Disease (Scotland) (Declaratory and Controlled Area) Amendment (No. 2) Order 2001 is revoked.
S.S.I. 2001/90.
(3) Article 2 of the Foot-and-Mouth Disease (Scotland) (Declaratory and Controlled Area) Amendment (No. 2) Order 2001 is revoked.
D J CRAWLEY
A member of the staff of the Scottish Ministers
Pentland House,
Edinburgh
16th March 2001

SCHEDULE 1 ANIMAL HEALTH ACT 1981
FOOT-AND-MOUTH DISEASE ORDER 1983
LICENCE FOR THE MOVEMENT OF ANIMALS WITHIN THE CONTROLLED AREA FOR SLAUGHTER
Article 4(4)

SCHEDULE 2 CLEANSING AND DISINFECTION OF MEANS OF TRANSPORT
Article 4(6)

Level of cleansing and disinfection
1. All cleansing and disinfection shall be carried out so as to reduce so far as reasonably practicable the risk of transmission of disease.

Parts of the means of transport required to be cleansed
2. (1) In the case of animals not transported in a container–
(a) whether or not they are soiled, all the inside surfaces of those parts of the means of transport in which the animals are transported, and all parts of the means of transport to which the animals may have had access during the journey, shall be cleansed; and
(b) the following shall be cleansed if they are soiled:–
(i) any detachable fittings not used during the journey;
(ii) any other part of the means of transport;
(iii) any equipment carried during the journey for use with the animals.
(2) In the case of animals transported in a container, the interior of the container shall be cleansed whether or not it is soiled, and the exterior of the container and any parts of the means of transport carrying the container shall be cleansed if they are soiled.

Method of cleansing
3. Cleansing shall be by removing any feedingstuffs to which the animals have had access, bedding, excreta and other material of animal origin, mud and other contaminants using any appropriate means, and then cleaning with water, steam or where appropriate chemicals or chemical compounds (or, if necessary, any combination of these) until free of dirt.

Disinfection after cleansing
4. Everything required to be cleansed under this Order shall be disinfected after cleansing has been completed, using a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 1978 and listed as being suitable for the control of Foot-and-Mouth Disease–
S.I. 1978/32 as amended by S.I. 1999/919 and as further amended in relation to Scotland only by S.S.I. 2001/45 and S.S.I. 2000/51
(a) at the concentration required under that Order for “General Orders”; or
(b) where no concentration is specified for “General Orders”, at the concentration required for “Foot-and-Mouth Disease Orders”.

(This note is not part of the Order)
This Order imposes in relation to Scotland, the restrictions contained in Part IV of the Foot-and-Mouth Disease Order 1983 (S.I. 1983/1950), subject to certain disapplications and variations.
This Order also makes consequential revocations to two earlier orders.