Part I E+W+S General

Eradication and prevention of disease E+W+S

[F1 6E Tests and samples: Scotland S

(1) An inspector may at any time enter any premises in Scotland for the purpose of ascertaining (any or all)—

(a) whether—

(i) biological indicators of any disease of animals;

(ii) biological indicators of any causative agent of a disease of animals,

exist in animals, birds or amphibians on the premises;

(b) whether any animals, birds or amphibians on the premises or which were kept there at any time are, or were at the time they were so kept, infected with a disease of animals;

(c) whether any causative agent of a disease of animals is present on the premises.

(2) The inspector may take such samples (including samples from any animals, birds or amphibians on the premises) and carry out such tests as the inspector thinks are necessary for a purpose mentioned in subsection (1).

(3) In subsections (1) and (2), the references to animals in which biological indicators exist, infected with a disease or from which samples may be taken means any kind of mammal (except man).

(4) In this section—

• “biological indicator”—

  (a)

  in relation to a disease, includes evidence of any form of reaction to the disease;

  (b)

  in relation to a causative agent, includes—

  (i)

  anti-bodies in reaction to the causative agent;

  (ii)

  evidence of any other form of reaction to the causative agent;

• “causative agent”, in relation to a disease, includes any virus, bacterium and any other organism or infectious substance which may cause or transmit the disease;

• “disease” is not restricted by its definition in this Act;

• “inspector” means—

  (a)

  a person appointed as an inspector for the purposes of this Act by the Scottish Ministers; or

  (b)

  a person authorised by the Scottish Ministers for those purposes;

• “premises” includes—

  (a)

  any land or building; or

  (b)

  any other place, in particular—

  (i)

  a vehicle or vessel; or

  (ii)

  a tent or moveable structure.]

Textual Amendments

F1 S. 6E - S. 6F inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 5, 55(1) (with s. 54); S.S.I. 2006/482, art. 2