The Sheep Scab (Scotland) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order replaces the Sheep Scab Order 1997 in so far as it extends to Scotland. This Order does not apply in the local government area of the Shetland Islands. The Shetland Islands Council are empowered to make regulations concerning sheep scab by the Sheep Scab (Shetland Islands) Order 2003.

This Order is made under powers in the Animal Health Act 1981.

Part 1 of the Order contains definitions and makes other provisions of an introductory and administrative nature.

Part 2 contains provisions relating to cases of sheep scab and suspected sheep scab, and includes provisions concerning—

(a) the compulsory notification of sheep scab or suspected sheep scab (article 4);

(b) the imposition of movement restrictions upon confirmation or suspicion that sheep or carcases on premises have sheep scab (article 5(1) to (3)) which cease to apply in circumstances detailed in article 5(6). Exception is made for movement for treatment or slaughter, in accordance with clearance notice or under the authority of a licence (article 5(4));

(c) the power of an inspector, by notice, to require the owner or keeper of affected sheep or carcases to arrange for a veterinary surgeon to establish whether there are sheep or carcases which have sheep scab on the premises (article 6(1)). Service of such a notice imposes movement restrictions on sheep (article 6(3)), which restrictions will cease to apply in circumstances detailed in article 6(7). Exception is made for movement for treatment, slaughter or under the authority of a licence (article 6(5));

(d) the power of an inspector, by notice, to require sheep which are affected or suspected of being affected with sheep scab to be removed from markets or places of exhibition and to require the cleansing of such premises (article 7).

Part 3 contains provisions relating to the clearance of sheep from common land and includes provisions which—

(a) empower an inspector to require, by notice, the owner or keeper of sheep which are kept on any common land to move those sheep off the land before the date specified in the notice (article 8), and prohibit the movement back onto the land specified in the clearance notice for 3 months unless the sheep have been treated (article 9); and

(b) empower the local authority to seize and dispose of such sheep if unable to establish ownership and also affected sheep living in the local authority area where the owner cannot immediately be identified (article 10).

Part 4 contains general provisions which—

(a) make provision regarding the slaughter of affected sheep (article 11);

(b) enable an inspector to mark sheep or require the keeper of sheep to mark the sheep (article 12);

(c) empower an inspector to require the cleansing of premises (article 13);

(d) confer powers of entry and inspection and powers in cases of default on inspectors (articles 14 and 15);

(e) make provision regarding offences committed by bodies corporate (article 16);

(f) provide for the enforcement of the Order by the local authority (article 17); and

(g) impose a duty to provide reasonable assistance (article 18), and not to provide false information to persons acting in execution of the Order (article 19).

The Sheep Scab Order 1997 is revoked (article 20) and transitional provisions made (article 21).

Failure to comply with the Order is an offence under section 73 of the Animal Health Act 1981 and is punishable in accordance with section 75 of that Act.

No business regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.