The Tuberculosis (Scotland) Amendment Order 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Tuberculosis (Scotland) Order 2007 (“the 2007 Order”).

The amendments provide for the examination of bovine animals by approved veterinary surgeons in order to verify the existence of tuberculosis.

Article 2(2) introduces a definition of an approved veterinary surgeon.

Article 2(3) inserts article 2A which enables the Scottish Ministers to approve veterinary surgeons to carry out diagnostic tests for tuberculosis under the 2007 Order.

Article 2(4) amends article 6(2) so that a veterinary inspector need not be required to examine a bovine animal in order to arrive at the opinion that is it an affected animal or a suspected animal. It also amends article 6(3) so that a notice remains in force until withdrawn by a further notice by a veterinary inspector.

Article 2(5) amends article 8(3)(b) to provide that an approved veterinary surgeon may read diagnostic tests for tuberculosis applied under article 8(3)(a).

Article 2(6) amends article 10(1) to enable an approved veterinary surgeon to apply diagnostic tests for tuberculosis to bovine animals, in place of a veterinary inspector.

Article 2(7) substitutes a new article 11. The new provision removes the restriction (subject always to article 26 of the 2007 Order) on those who apply diagnostic tests for tuberculosis. It also provides that the restriction on movement of bovine animals who have been tested only applies until the diagnostic test is read. Article 2(7) also inserts a new article 11A. This provides that automatic restrictions and requirements apply following a tuberculosis test conducted by either an inspector or an approved veterinary surgeon where the diagnostic test for tuberculosis identifies either a reactor or an inconclusive reactor. The provisions restricting movement of bovine animals and requiring the isolation of reactors and inconclusive reactors remain in force until a veterinary inspector serves a notice amending or withdrawing those restrictions and requirements.

Article 2(8) amends article 20 to enable inspectors to require names, addresses, production of a licence and the taking of a copy of a licence.

Article 2(9) amends article 21 to enable approved veterinary surgeons to require keepers to comply with their reasonable requirements, for the purposes of examining bovine animals.

Article 2(10) amends article 22 to include failure to comply with the reasonable requirements of an approved veterinary surgeon.

Article 2(11) amends article 23 to provide that an approved veterinary surgeon may mark bovine animals kept on any premises.

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