The Foot-and-Mouth Disease (Control of Vaccination) (Scotland) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement in Scotland Council Directive 85/511/EEC as amended by Council Directive 90/423/EEC.

These Regulations prohibit vaccination against foot-and-mouth disease in Scotland except in accordance with the conditions of a licence issued by the Scottish Ministers (regulation 3), but exempting vaccination licensed under the Specified Pathogens Order 1998 by the Scottish Ministers.

Breach of the Regulations is an offence. A person guilty of an offence under regulation 3 is liable–

(a)  on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;

(b)  on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both (regulation 7).

The Regulations make provisions for powers of inspectors and offences of obstruction in relation to the enforcement of these Regulations (regulations 4 and 5). A person guilty of an offence of obstruction is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both (regulation 7).

The Regulations make provision for offences by bodies corporate (regulation 6).

The Regulations are enforced by the local authority or the Scottish Ministers (regulation 8).

A Regulatory Impact Assessment has not been prepared for these Regulations.