The Sheep Scab (Scotland) Order 2010

PART 2 S NOTIFICATION, MOVEMENT RESTRICTIONS AND VETERINARY ENQUIRY

Notification of sheep scab or suspected sheep scab S

4.—(1) A person who has possession of, or is in charge of, any sheep or carcase which the person knows or suspects has sheep scab must as soon as possible notify [F1 an authorised veterinary inspector] of that knowledge or suspicion.

(2) A veterinary surgeon who examines any sheep or carcase which he or she knows or suspects has sheep scab must as soon as possible notify [F1 an authorised veterinary inspector] of that knowledge or suspicion.

(3) When notice is given under paragraph (1) by a person other than the owner or (if different) the keeper of the affected sheep or affected carcase, [F2 the authorised veterinary inspector] [F3 must, in so far as it is reasonably practicable to do so and] as soon as possible inform the owner or (if different) the keeper of the affected sheep or affected carcase that notification has been made.

(4) When notice is given under paragraph (2) the veterinary surgeon must as soon as possible inform the owner or (if different) the keeper of the affected sheep or affected carcase that notification has been made.

Textual Amendments

F1 Words in art. 4(1)(2) substituted (28.6.2013) by The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 (S.S.I. 2013/173), arts. 1(1), 26(3)(a)

F2 Words in art. 4(3) substituted (28.6.2013) by The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 (S.S.I. 2013/173), arts. 1(1), 26(4)

F3 Words in art. 4(3) substituted (14.3.2011) by The Sheep Scab (Scotland) Amendment Order 2011 (S.S.I. 2011/77), arts. 1, 2(2)

Commencement Information

I1 Art. 4 in force at 17.12.2010, see art. 1(b)

Restrictions on the movement of sheep S

5.—(1) Paragraphs (2) and (3)—

(a) apply where there is on premises (other than a market or place of exhibition) any sheep or carcase and—

(i) the owner or (if different) the keeper of any such sheep or carcase knows or suspects that it has sheep scab; or

(ii) notice is given under article 4(3) or (4) to the owner or (if different) the keeper of any affected sheep or affected carcases on those premises; and

(b) continue to apply until paragraph (6) is complied with.

(2) The owner or (if different) the keeper of sheep on the premises must not move or allow the movement of any sheep off or onto the premises.

(3) The owner or (if different) the keeper of sheep on the premises must take all reasonable steps necessary for preventing sheep—

(a) straying off the premises; or

(b) coming into contact with sheep outside the premises.

(4) But paragraph (2) does not apply to moving any sheep—

(a) for treatment;

(b) for slaughter;

(c) in accordance with a clearance notice under article 8; or

(d) under the authority of a licence issued by an inspector.

(5) When the owner or (if different) the keeper of the affected sheep elects to treat any sheep, he or she must treat the sheep as soon as possible and, within 2 weeks of the date of treatment, send to [F4 an authorised veterinary inspector] written confirmation that the sheep have been treated, stating—

(a) the date of treatment;

(b) the number of sheep treated; and

(c) the treatment used.

(6) This paragraph is complied with if [F5 an authorised veterinary inspector] receives—

(a) from the owner or (if different) the keeper of the sheep, written confirmation that—

(i) all affected sheep on the premises have been treated, all affected carcases have been disposed of and 16 days have elapsed since last disposal or treatment; or

(ii) all sheep on the premises have been treated with a treatment that provides at least 16 days’ residual protection against re-infestation with sheep scab and all affected carcases have been disposed of; or

[F6 (b) from a veterinary surgeon, written confirmation that in the veterinary surgeon’s opinion there are no affected sheep or affected carcases on the premises.]

Textual Amendments

F4 Words in art. 5(5) substituted (28.6.2013) by The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 (S.S.I. 2013/173), arts. 1(1), 26(3)(b)

F5 Words in art. 5(6) substituted (28.6.2013) by The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 (S.S.I. 2013/173), arts. 1(1), 26(3)(b)

F6 Art. 5(6)(b) substituted (14.3.2011) by The Sheep Scab (Scotland) Amendment Order 2011 (S.S.I. 2011/77), arts. 1, 2(3)

Commencement Information

I2 Art. 5 in force at 17.12.2010, see art. 1(b)

Service of notice requiring veterinary enquiry S

6.—(1) Where an inspector knows or suspects that there are (or there have been within the previous 16 days) on premises (other than common land, a market or place of exhibition) sheep or carcases which have sheep scab, the inspector may serve a notice on the owner or (if different) the keeper of any sheep on the premises requiring that person to arrange for a veterinary surgeon to carry out a veterinary enquiry to establish whether there are on the premises sheep or carcases which have sheep scab.

(2) Paragraphs (3) and (4)—

(a) apply when a notice has been served under paragraph (1); and

(b) continue to apply until paragraph (7) is complied with.

(3) The owner or (if different) the keeper of sheep on the premises must not move or allow the movement of any sheep off or onto the premises.

(4) The owner or (if different) the keeper of any sheep on the premises must take all reasonable steps necessary for preventing sheep—

(a) straying off the premises; or

(b) coming into contact with sheep outside the premises.

(5) But paragraph (3) does not apply to moving any sheep—

(a) for treatment;

(b) for slaughter; or

(c) under the authority of a licence issued by an inspector.

(6) When the owner or (if different) the keeper of the affected sheep elects to treat any sheep, he or she must treat the sheep as soon as possible and, within 2 weeks of the date of treatment, send to [F7 an authorised veterinary inspector] written confirmation that the sheep have been treated, stating—

(a) the date of treatment;

(b) the number of sheep treated; and

(c) the treatment used.

(7) This paragraph is complied with if [F7 an authorised veterinary inspector] receives—

(a) from the owner or (if different) the keeper of the sheep, written confirmation that—

(i) all affected sheep on the premises have been treated, all affected carcases have been disposed of and 16 days have elapsed since last disposal or treatment; or

(ii) all sheep on the premises have been treated with a treatment that provides at least 16 days’ residual protection against re-infestation with sheep scab and all affected carcases have been disposed of; or

[F8 (b) from a veterinary surgeon, written confirmation that in the veterinary surgeon’s opinion there are no affected sheep or affected carcases on the premises.]

Textual Amendments

F7 Words in art. 6(6)(7) substituted (28.6.2013) by The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 (S.S.I. 2013/173), arts. 1(1), 26(3)(c)

F8 Art. 6(7)(b) substituted (14.3.2011) by The Sheep Scab (Scotland) Amendment Order 2011 (S.S.I. 2011/77), arts. 1, 2(4)

Commencement Information

I3 Art. 6 in force at 17.12.2010, see art. 1(b)

Removal of affected sheep from markets or places of exhibition, and cleansing of such premises S

7.—(1) Where an inspector knows or suspects that there are sheep which have sheep scab at a market or place of exhibition, the inspector may serve a notice on the owner or (if different) the keeper of the affected sheep, requiring the owner or (if different) the keeper of the affected sheep—

(a) to remove the affected sheep from the market or place of exhibition; and

(b) as the owner or (if different) the keeper of the sheep must elect—

(i) arrange for them to be slaughtered;

(ii) take them directly back to the premises from which the sheep were brought to the market or place of exhibition; or

(iii) take them directly to such other premises as may be approved by the inspector for detention and isolation.

(2) Where a notice has been served under paragraph (1) an inspector may serve a notice on the occupier or other person in charge of the market or place of exhibition requiring that person to cleanse such parts of the market or place of exhibition as are specified in the notice within such time as may be so specified.

Commencement Information

I4 Art. 7 in force at 17.12.2010, see art. 1(b)