35A.—(1) This article applies to a F2... herd which contains one or more bovine animals with an individual BVD status of positive.
(2) Subject to paragraphs (4) and (5), where this article applies the keeper must separate all the bovine animals with an individual BVD status of positive from the rest of the herd and house them in one or more groups (each a “BVD positive group”) in accordance with the conditions in paragraph (3).
(3) The conditions of this paragraph are that the animals are housed indoors and in a manner consistent with good practice which—
(a)prevents physical contact with, and
(b)does not give rise to any appreciable risk of transferring BVDV to,
any bovine animal that is not part of a BVD positive group.
(4) Where a BVD positive group would contain no more than one animal with an individual BVD status of positive, the keeper must ensure that the group contains the minimum number of other bovine animals (regardless of individual BVD status) necessary in order to protect the welfare of each animal.
(5) Paragraph 2 does not apply where the animal is being—
(a)moved to slaughter, or
(b)moved under a licence granted by a veterinary inspector or the Scottish Ministers.
(6) A bovine animal does not cease to be part of a breeding herd by virtue of its separation under this article.
[F3(7) In this article “herd” means any group of two or more bovine animals.]]
Textual Amendments
F1Art. 35A inserted (18.5.2020) by The Bovine Viral Diarrhoea (Scotland) Amendment Order 2020 (S.S.I. 2020/86), arts. 1, 2(2)
F2Word in art. 35A(1) omitted (1.7.2025) by virtue of The Bovine Viral Diarrhoea (Scotland) Amendment Order 2025 (S.S.I. 2025/176), arts. 1(2), 2(d)(i)
F3Art. 35A(7) inserted (1.7.2025) by The Bovine Viral Diarrhoea (Scotland) Amendment Order 2025 (S.S.I. 2025/176), arts. 1(2), 2(d)(ii)