The Disease Control (Interim Measures) (Scotland) Order 2002

Explanatory Note

(This note is not part of the Order)

This Order, which extends to Scotland only, principally imposes restrictions on the movement of cattle, sheep, goats and other ruminating animals, swine and elephants in Scotland.

It requires that any such movement from premises must be permitted by a specific or general licence issued by the Scottish Ministers and further requires that no animal was moved onto those premises during the period of 20 days before such movement (article 3), except where movements are exempted from that requirement under articles 3(2), 4 and 5.

The Order also requires that market premises should not be used for that purpose except in compliance with the requirements in Schedule 2 (article 6).

Shows or exhibitions must be notified to the Divisional Veterinary Manager prior to the holding of a show or exhibition, and in the conduct of those shows or exhibitions reasonable steps must be taken to comply with any guidance issued by the Divisional Veterinary Manager (article 7).

It requires that licences must be produced on demand to a constable or inspector or officer of the Scottish Ministers or the local authority, provides that the Scottish Ministers may vary, suspend or revoke licences at any time, and provides that the Scottish Minister shall review at the request of the person aggrieved, such a variation, suspension or revocation (article 8).

The Order provides for officers of the Scottish Ministers and inspectors of the local authorities to take steps as may be necessary to deal with animals where the owners have not complied with this Order and to recover the expenses of taking those steps from those who have not so complied (article 9).

The Order shall be enforced by the local authority, unless the Scottish Ministers so direct, and the Scottish Ministers may direct joint enforcement (article 10).

It amends the Pigs (Records, Identification and Movement) Order 1995 to specify the from of identification to be used in the case of a movement of a pig to a show or for breeding purposes, reduces the period within which the person in charge of a collecting centre must notify pig movements to the local authority to 3 days, alters the declarations contained in Schedules to that Order to require a similar period and requires the local authority to intimate pig movements to the Scottish Ministers (article 11).

A breach of the terms of this Order or of a licence issued thereunder constitutes an offence under the Animal Health Act 1981.

A Regulatory Impact Assessment has not been prepared for this Order.