The Bovine Viral Diarrhoea (Scotland) Amendment Order 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Bovine Viral Diarrhoea (Scotland) Order 2013 (“the 2013 Order”).

The 2013 Order provides for all keepers of breeding bovine animals and breeding herds to take, or arrange to have taken, samples from their herds or animals and submit those for testing on an annual basis. Similar obligations apply in relation to keepers of (qualifying) calves born otherwise than into a breeding herd or to a breeding bovine animal. This is for the purpose of determining whether bovine viral diarrhoea virus (“BVDV”) is or may be present in the herd, bovine animal or qualifying calf and, in respect of a herd or bovine animal, this will generate a BVD status/finding as will other circumstances as described in Part 4 of the 2013 Order. Part 4A of the 2013 Order also makes provisions for movement prohibitions or restrictions in respect of herds, bovine animals or qualifying calves where the keeper has failed to comply with sampling and testing requirements or in respect of animals infected with BVDV. The Scottish Ministers also have powers and duties in respect of informing certain persons of the BVD finding and BVDV test results.

Article 4 substitutes article 10 of the 2013 Order to make provision for compliance deadlines for the sampling and testing of a dairy breeding herd in accordance with article 11(2)(c) of the 2013 Order (as substituted by article 5)). This is subject to the transitional and saving provisions specified in the Schedule. Article 3(a) amends article 2 of the 2013 Order to insert a new definition of “dairy breeding herd” for the purpose of this provision.

Article 5 substitutes article 11 of the 2013 Order and removes provisions for the taking of milk samples from breeding herds (and there are consequential amendments made by articles 3(b), 6, 7, 8 and 9).

Article 10(a) inserts a new article 21(5A) into the 2013 Order to make provision for the “not negative” BVD status of a breeding herd or breeding bovine animal when the herd or animal is on the same holding as another herd or animal which does not have a BVD status (as determined in accordance with article 21 of the 2013 Order).

Article 10(b) amends article 21(6) of the 2013 Order to require the isolation or the taking of other appropriate steps in relation to an animal infected with BVDV, prior to its removal from a breeding herd, in order to minimise the risk of spread of BVDV to any other animal in the herd.

Articles 11, 12 and 13(b) respectively amend articles 23B, 23C and 23D of the 2013 Order to enable the Scottish Ministers (in addition to a veterinary inspector) to issue a movement licence for the purposes of those provisions.

Article 13(a), (c) and (d) amends article 23D of the 2013 Order to provide for an additional circumstance where a keeper will be taken to know, for the purpose of the movement restriction or prohibition in that provision, that BVDV is present in an animal, namely, where the animal is the calf of a bovine animal in which BVDV is present.

Article 14 inserts a new article 23E into the 2013 Order to prohibit or restrict the movement of any breeding herd or breeding bovine animal which has a “not negative” BVD status (as determined in accordance with article 21 of the 2013 Order). Article 15 consequentially amends article 24(1) of the 2013 Order.

Article 16(1) provides for the revocation of certain provisions in previous amending instruments to the 2013 Order.

This Order has been notified in draft to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services (OJ L 204, 21.7.1998, p.37), as last amended by Regulation (EU) No 1025/2012 (OJ L 316, 14.11.2012, p.12).

A business and regulatory impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Government Rural Affairs and Environment Directorate, Saughton House, Broomhouse Drive, Edinburgh, Edinburgh, EH11 3XD.