http://www.legislation.gov.uk/ssi/2013/173The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013texttext/xmlenStatute Law DatabaseANIMALS;ANIMAL HEALTH2023-06-21Expert Participation2023-05-18 This Order amends specified Orders and Regulations to remove definitions of, and references to, “Divisional Veterinary Manager”, and replaces them with definitions of, and references to, “authorised veterinary inspector”. 2013 No. 173AnimalsAnimal HealthThe Animal Health (Miscellaneous Amendments) (Scotland) Order 2013Made28th May 2013Laid before the Scottish Parliament30th May 2013Coming into force28th June 2013The Scottish Ministers make the following Order in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 1, 8(1), 8A, 15(3), (4) and (5), 17(1), 23, 35(3) and 83(2) of the Animal Health Act 1981 , and all other powers enabling them to do so .Citation, commencement and extent11This Order may be cited as the Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 and comes into force on 28th June 2013.2This Order extends to Scotland only.The Export of Horses (Veterinary Examination) Order 196621The Export of Horses (Veterinary Examination) Order 1966 is amended in accordance with this article.2In article 2(1) (interpretation), for the definition of “Divisional Veterinary Manager” substitute—“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive notification about the shipment of horses from ports and aerodromes;.3In article 3 (notice requesting veterinary examination for horses to be exported), for “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”.The Rabies (Control) Order 197431The Rabies (Control) Order 1974 is amended in accordance with this article.2In article 2(1) (interpretation)—aomit the definition of “Divisional Veterinary Manager”; andbinsert after the definition of “ animal ”“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about animals and carcases affected or suspected of being affected with specified diseases;.3In article 4(3)(a) and (b) (notice of rabies or suspected rabies), for “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”.4In article 5(5) (declaration of infected place), for “the Secretary, Ministry of Agriculture, Fisheries and Food, Hook Rise South, Tolworth, Surrey, KT6 7NF, to the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”.5In Schedule 2 (form of notice declaring and defining the limits of an infected place), omit the second Note (beginning with “The Inspector is with all practicable speed”).The Importation of Animals Order 197741The Importation of Animals Order 1977 is amended in accordance with this article.2In article 2(1) (interpretation)—aomit the definition of “Divisional Veterinary Manager”; andbinsert after the definition of “ approved reception centre ”“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about animals and carcases affected with, or suspected of being affected with, specified diseases;.3In articles 4(2), (3)(b), (4) and (5)(a) (provisions relating to the carriage of imported animals to Great Britain) and 5(4) (provisions relating to the unloading of animals, etc., at ports and airports), for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”.The Warble Fly (Scotland) Order 198251The Warble Fly (Scotland) Order 1982 is amended in accordance with this article.2In article 2(1) (interpretation)—aomit the definition of “Divisional Veterinary Manager”; andbinsert after the definition of “ animal ”“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about warbled or suspected animals or carcases;.3In the following provisions, for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”aarticle 4(1)(a) and (3) (notification of disease);barticle 11(3) and (4)(b) (infected area movement restrictions);carticle 12(3) (restrictions relating to markets, farm sales and places of exhibition);darticle 14(1) and (3) (notice of intention to treat);earticle 15 (statement of treatment); andfin the Schedule (forms), in Form F, in paragraph 2 of the Notes.4In article 4(4) (notification of disease), for “the Divisional Veterinary Officer” substitute “ an authorised veterinary inspector ”.5In the Schedule (forms), in the address box of Forms F and G, for “Divisional Veterinary Manager” substitute “ authorised veterinary inspector ”.The Aujeszky's Disease Order 198361The Aujeszky's Disease Order 1983 is amended in accordance with this article.2In article 19(2) (enforcement), for the words from “the Divisional Veterinary Manager” to the end of that paragraph substitute “ a veterinary inspector authorised by the Scottish Ministers to receive information about affected or suspected animals or carcases. ”.3In the Schedule, omit the Notes to Forms A, B, C, D and E.The Infectious Diseases of Horses Order 198771The Infectious Diseases of Horses Order 1987 is amended in accordance with this article.2In article 3(1) (interpretation)—aomit the definition of “Divisional Veterinary Manager”; andbinsert after the definition of “ approved disinfectant ”“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about horses and carcases affected or suspected of being affected with disease;.3In the following provisions, for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”aarticle 4(1), (2)(a) and (b), (3)(a), (b) and (c) (notification of disease);bRules 8 and 9 in article 7(1) (rules to be observed in an infected place);carticle 9 (disposal of carcases); anddRules 8 and 9 in Form A in Schedule 1 (forms).4In Schedule 1 (forms), omit the Notes to Forms A, B, C and D.The Tuberculosis (Deer) Order 19898. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The Anthrax Order 199191The Anthrax Order 1991 is amended in accordance with this article.2In article 2(1) (interpretation)—aomit the definition of “Divisional Veterinary Manager”; andbinsert after the definition of “ the Act ”“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about diseased or suspected animals, or the carcases of such animals;.3In articles 4 (notice of suspected disease), 7(2) (declaration of infected place) and 9 (disposal of carcases), for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”.The Equine Viral Arteritis Order 1995101The Equine Viral Arteritis Order 1995 is amended in accordance with this article.2In article 3 (interpretation)—aomit the definition of “Divisional Veterinary Manager”; andbinsert as the first definition—“authorised veterinary inspector” means a veterinary inspector authorised for the time being by the Scottish Ministers to receive information about diseased or suspected horses;.3In the following provisions, for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”aarticle 4(1), (3)(i) and (ii) and (4)(a) (notification of disease in horses); andbin the Schedule (restrictions and requirements on stallions and semen), in paragraphs 3, 5 and 7.4In article 6(2) (veterinary inquiry as to the existence of disease)—afor the first reference to “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”; andbfor the second and third references to “the Divisional Veterinary Manager” substitute “ that authorised veterinary inspector ”.The Specified Diseases (Notification) Order 1996111The Specified Diseases (Notification) Order 1996 is amended in accordance with this article.2In article 2 (interpretation), for the definition of “Divisional Veterinary Manager” substitute—“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about diseased or suspected animals, or the carcases of such animals;.3In article 5(1)(a) (notice), for “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”.The Enzootic Bovine Leukosis (Scotland) Regulations 2000121The Enzootic Bovine Leukosis (Scotland) Regulations 2000 are amended in accordance with this article.2In regulation 2(1) (interpretation)—aomit the definition of “Divisional Veterinary Manager”; andbinsert after the definition of “ affected animal ”“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about affected or suspected animals, or the carcases of such animals;.3In regulation 3(1)(b) (notification of disease in bovine animals), for “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”.4In regulations 3(2) (notification of disease in bovine animals) and 4(1) (notification of disease in carcases), for “the Divisional Veterinary Manager responsible for that area” in each place where those words occur substitute “ an authorised veterinary inspector ”.5In regulation 5(1) (notification of disease in laboratory samples) for “notify the Divisional Veterinary Manager of the area from which the sample was taken or in which the laboratory is situated,” substitute “ , notify an authorised veterinary inspector ”.The Disease Control (Interim Measures) (Scotland) Order 2002131The Disease Control (Interim Measures) (Scotland) Order 2002 is amended in accordance with this article.2In article 2(1) (interpretation), insert after the definition of “ approved disinfectant ”“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about diseased animals or carcases, or animals or carcases suspected of being diseased;.3In the following provisions for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”aarticle 7(1) and (2) (regulation of shows and exhibitions);bin Schedule 1 (movements not subject to standstill), in paragraph 3(b); andcin Schedule 3 (requirements on markets), in paragraph 7.The Diseases of Poultry (Scotland) Order 2003141The Diseases of Poultry (Scotland) Order 2003 is amended in accordance with this article.2In article 3(1) (interpretation)—ain the definition of “Chief Veterinary Officer”, for “of Great Britain” substitute “ for Scotland ”;bomit the definition of “Divisional Veterinary Manager”; andcinsert after the definition of “ avian influenza ”“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about diseased birds or carcases, or birds or carcases suspected of being diseased;.3In article 4(1)(a) and (2) (notification procedures and precautions to be taken where the presence of a designated disease is suspected), for “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”.The Classical Swine Fever (Scotland) Order 2003151The Classical Swine Fever (Scotland) Order 2003 is amended in accordance with this article.2In article 2(1) (interpretation)—ain the definition of “the Chief Veterinary Officer”, for “of Great Britain” substitute “ for Scotland ”;bomit the definition of “Divisional Veterinary Manager”; andcinsert as the first definition—“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about pigs or carcases infected with the disease, or pigs or carcases suspected of being infected with the disease;.3In the following provisions, for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”aarticle 4(1) and (2) (notification of the disease);barticle 13(3) (feral pig investigation zones);cin Schedule 1 (measures which apply in protection and surveillance zones), paragraphs 8 and 20; anddin Schedule 2 (measures which apply in an infected area established under article 14), paragraph 5.4In article 13(4) (feral pig investigation zones)—afor the first reference to “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”; andbfor the second reference to “the Divisional Veterinary Manager” substitute “ that authorised veterinary inspector ”.5In Schedule 2 (measures which apply in an infected area established under article 14), in paragraph 8—afor the first and second references to “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”; andbfor the third reference to “the Divisional Veterinary Manager” substitute “ that authorised veterinary inspector ”.The African Swine Fever (Scotland) Order 2003161The African Swine Fever (Scotland) Order 2003 is amended in accordance with this article.2In article 2(1) (interpretation and extension of definitions)—ain the definition of “the Chief Veterinary Officer” for “of Great Britain” substitute “ for Scotland ”;bomit the definition of “Divisional Veterinary Manager”; andcinsert as the first definition—“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about pigs or carcases infected with the disease, or pigs or carcases suspected of being infected with the disease;.3In the following provisions, for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”aarticle 4(1) and (2) (notification of the disease);barticle 13(3) (feral pig investigation zones);cin Schedule 1 (measures which apply in protection and surveillance zones), paragraphs 9 and 22; anddin Schedule 2 (measures which apply in an infected area established under article 14), paragraph 5.4In article 13(4) (feral pig investigation zones)—afor the first reference to “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”; andbfor the second reference to “the Divisional Veterinary Manager” substitute “ that authorised veterinary inspector ”.5In Schedule 2 (measures which apply in an infected area established under article 14), in paragraph 8—afor the first and second references to “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”; andbfor the third reference to “the Divisional Veterinary Manager” substitute “ that authorised veterinary inspector ”.The Foot-and-Mouth Disease (Scotland) Order 2006171The Foot-and-Mouth Disease (Scotland) Order 2006 is amended in accordance with this article.2In article 2(1) (interpretation)—aomit the definition of “Divisional Veterinary Manager”; andbinsert after the definition of “ associated protection zone ”“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about animals or carcases infected or suspected of being infected;.3In the following provisions, for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”aarticle 8(1), (2), (3) and (4) (notification of disease or suspected disease);bin Schedule 2 (measures applicable to premises on suspicion or confirmation of disease), paragraph 1(1); andcin Schedule 7 (measures applicable in a wild animal infected zone), paragraph 1.4In article 8(5) (notification of disease or suspected disease), for “any Divisional Veterinary Manager” substitute “ any authorised veterinary inspector ”.The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006181The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 are amended in accordance with this article.2In regulation 2(1) (interpretation)—aomit the definition of “Chief Veterinary Officer (Scotland)”;bomit the definition of “Divisional Veterinary Manager”; andcinsert after the definition of “ animal product ”“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about animals or carcases infected with the disease or suspected of being infected;.3In regulations 24(4) (removal of eartags and missing or illegible eartags) and 26(1) (failure to vaccinate animals specified for vaccination), for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”.The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006191The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006 is amended in accordance with this article.2In article 2 (interpretation)—aomit the definition of “Chief Veterinary Officer (Scotland)”;bomit the definition of “the Divisional Veterinary Manager”; andcinsert after the definition of “ the Act ”“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about birds or carcases infected with avian influenza or suspected of being infected with avian influenza;.3In articles 9(1)(a) and (2) (notification procedures and precautions to be taken where avian influenza is suspected), 63(1) (records at premises to which things are moved) and 68(3) (additional measures at restocked commercial poultry premises) for “the Divisional Veterinary Manager” in each place where it occurs substitute “ an authorised veterinary inspector ”.The Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006201The Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006 are amended in accordance with this article.2In regulation 2(1) (interpretation)—aomit the definition of “Chief Veterinary Officer (Scotland)”;bomit the definition of “the Divisional Veterinary Manager”; andcinsert after the definition of “ the Act ”“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about birds or carcases infected with avian influenza or suspected of being infected with avian influenza;.3In regulation 17(1) (failure to vaccinate birds specified for vaccination) for “the Divisional Veterinary Manager for the area in which that bird is located” substitute “ an authorised veterinary inspector ”.The Avian Influenza (H5N1 in Poultry) (Scotland) Order 200721In article 2 (interpretation) of the Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007 , omit the definition of “the Chief Veterinary Officer (Scotland)”.The Tuberculosis (Scotland) Order 200722. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The Disease Control (Interim Measures) (Scotland) Amendment Order 200723In the Disease Control (Interim Measures) (Scotland) Amendment Order 2007 , omit article 2(6) (amendment).The Disease Control (Interim Measures) (Scotland) Amendment (<Abbreviation Expansion="Number">No.</Abbreviation> 2) Order 200724In the Disease Control (Interim Measures) (Scotland) Amendment (No. 2) Order 2007 , omit article 2(8) (amendment).The Swine Vesicular Disease (Scotland) Order 2009251The Swine Vesicular Disease (Scotland) Order 2009 is amended in accordance with this article.2In article 2 (interpretation)—aomit the definition of “Divisional Veterinary Manager”; andbinsert as the first definition—“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive a notification under article 16;.3In articles 16(1) and (2) (notification of suspicion), 36(1)(a) (notification of suspicion at a slaughterhouse) and 37(1) (control measures at a slaughterhouse), for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”.The Sheep Scab (Scotland) Order 2010261The Sheep Scab (Scotland) Order 2010 is amended in accordance with this article.2In article 2(1) (interpretation)—aomit the definition of “Divisional Veterinary Manager”; andbinsert after the definition of “ affected ”“authorised veterinary inspector” means a veterinary inspector appointed by the Scottish Ministers to receive information about affected sheep and carcases;.3In the following provisions, for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”aarticle 4(1) and (2) (notification of sheep scab or suspected sheep scab);barticle 5(5) and (6) (restrictions on the movement of sheep); andcarticle 6(6) and (7) (service of notice requiring veterinary enquiry).4In article 4(3) (notification of sheep scab or suspected sheep scab), for “the Divisional Veterinary Manager” substitute “ the authorised veterinary inspector ”.Revocation27The Animal Health Orders (Divisional Veterinary Manager Amendment) Order 1995 is revoked.RICHARD LOCHHEAD A member of the Scottish Government
St Andrew's House,
Edinburgh

(This note is not part of the Order)

This Order amends specified Orders and Regulations to remove definitions of, and references to, “Divisional Veterinary Manager”, and replaces them with definitions of, and references to, “authorised veterinary inspector”.

Further amendments remove references to the Ministry of Agriculture, Fisheries and Food, and clarify that references to the Chief Veterinary Officer refer to the Chief Veterinary Officer for Scotland.

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

1972 c.68 (“the 1972 Act”). Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. The powers in section 2(2) are exercised in relation to articles 12, 18 and 20 of this Order.1981 c.22 (“the 1981 Act”). Section 8 was amended by paragraph 1 of schedule 2 to the Animal Health and Welfare (Scotland) Act 2006 (asp 11). Powers to make Orders under these sections were originally conferred on “the Ministers” (as defined in section 86(1) of the 1981 Act). The functions of the Ministers were, insofar as within devolved competence, transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.The powers to make this Order are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Order is subject to the negative procedure by virtue of section 33(4) of that Act.S.I. 1966/507, amended by S.I. 1995/2922.S.I. 1974/2212, amended by S.I. 1995/2922.S.I. 1977/944, relevantly amended by S.I. 1995/2922.S.I. 1982/207, amended by S.I. 1995/2922.S.I. 1983/344, amended by S.I. 1995/2922.S.I. 1987/790, amended by S.I. 1995/2922.S.I. 1991/2814, amended by S.I. 1995/2922.S.I. 1995/1755, amended by S.I. 1995/2922.S.I. 1996/2628, to which there are amendments not relevant to this Order.S.S.I. 2000/365, to which there are amendments not relevant to this Order.S.S.I. 2002/34, relevantly amended by S.S.I. 2007/387, 400 and 423.S.S.I. 2003/354, amended by S.S.I. 2004/453.S.S.I. 2003/426.S.S.I. 2003/586.S.S.I. 2006/44, to which there are amendments not relevant to this Order.S.S.I. 2006/45, to which there are amendments not relevant to this Order.S.S.I. 2006/336.S.S.I. 2006/337.S.S.I. 2007/62, to which there are amendments not relevant to this Order.S.S.I. 2007/387, relevantly amended by S.S.I. 2007/400 and 423.S.S.I. 2007/400, relevantly amended by S.S.I. 2007/423.S.S.I. 2009/173, to which there are amendments not relevant to this Order.S.S.I. 2010/419, relevantly amended by S.S.I. 2011/77.S.I. 1995/2922, to which there are amendments not relevant to this Order.Art. 8 omitted (9.10.2015) by virtue of The Tuberculosis in Specified Animals (Scotland) Order 2015 (S.S.I. 2015/327), arts. 1(1), 23(2)Art. 22 revoked (18.5.2023) by The Tuberculosis (Scotland) Order 2023 (S.S.I. 2023/93), art. 1(1), sch.