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Preparing for a new GB strategy on bovine tuberculosis
ANNEX D
Scottish Statutory Instruments
2003 No.
ANIMALS
ANIMAL HEALTH
The Tuberculosis (Scotland) Order 2004
Made - - - - 2004
Coming into force - - 2004
The Scottish Ministers, in exercise of the powers conferred by sections 1,7(1),8(1), 15(4), 25, 32(2), 83(2), 87(2) and 88(2) of the Animal Health Act 1981( 2) and of all other powers enabling them in that behalf, hereby make the following Order:
Citation, commencement and extent.
1. - (1) This Order may be cited as the Tuberculosis (Scotland) Order 2003, and shall come into force on .
(2) This Order extends to Scotland only.
Interpretation
2. In this Order-
"the Act" means the Animal Health Act 1981;
"affected animal" means a cow which is affected with tuberculosis of the udder or is giving tuberculous milk, or a bovine animal which is affected with tuberculous emaciation, or is excreting or discharging tuberculous material, or is affected with a chronic cough and shows clinical signs of tuberculosis, and includes a reactor; and "suspected animal" shall be construed accordingly;
"appropriate officer" means a veterinary inspector or another officer authorised by the Scottish Ministers;
"approved disinfectant" means a disinfectant listed in the Diseases of Animals (Approved Disinfectants) Order of 1978( 3) as being approved for the time being for use against tuberculosis;
"bovine animal" means domestic cattle of the genus Bos, Bubalus bubalis or Bison bison;
"carcase" means the carcase of a bovine animal, and includes part of a carcase;
"cow" includes a heifer that has calved;
"the Divisional Veterinary Manager" means the veterinary inspector appointed by the Scottish Ministers to receive information about animals or carcases affected or suspected of being affected with specified diseases, for the area in which the animal or carcase is;
"premises" includes land with or without buildings but does not include any part or parts of any premises used for the temporary detention of animals, as a market, sale-yard, fairground, slaughterhouse lair or place of exhibition;
"reactor" means a bovine animal which gives rise to a reaction consistent with its being affected with tuberculosis when tested for that disease either by or on behalf of the Scottish Ministers or otherwise, as the case may be, provided that in the case of a test otherwise so carried out the result thereof has been reported to the Scottish Ministers;
"slaughterhouse" means a slaughterhouse or knacker's yard as defined in section 34 of the Slaughterhouses Act 1974( 4);
"veterinary surgeon" means a person registered in the register of veterinary surgeons or the supplementary veterinary register.
Notices, Licences etc
3. - (1) All notice, licences, authorisations and instructions under this Order shall be in writing, may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
(2) Where a bovine animal is moved under the authority of a licence issued under this Order, then-
(a) the animal shall be accompanied throughout such movement by the licence; and
(b) if animals are being so moved the person in charge of them shall, on demand made under this Order by an appropriate officer or by an inspector of the local authority, or by a police constable-
(i) produce the licence;
(ii) allow a copy or extract of it to be taken; and
(iii) furnish that person's name and address.
Extension of definition of "disease" and power to slaughter on account of tuberculosis
4. For the purposes of the Act, the definition of "disease" in section 88(1) of the Act is extended so as to include tuberculosis, and section 32 of the Act (power to slaughter animals) shall apply to that disease.
Notification of disease in bovine animals
5. - (1) A person having possession or being in charge on any premises of an affected animal (other than a reactor) or a suspected animal or a veterinary surgeon who examines any such animal shall, with all practicable speed, notify an inspector of the local authority or to the Divisional Veterinary Manager.
(2) An inspector of the local authority who has been notified of a suspected or affected animal under paragraph (1) above shall immediately inform the Divisional Veterinary Manager.
(3) A person having possession or being in charge of such an affected or suspected animal as is described in paragraph (1) above shall forthwith detain it on the premises where it then is and isolate it as far as practicable from other bovine animals, and shall adopt precautions with respect to milk produced by the affected or suspected animal as if a notice under article 7 below in respect of that animal had already been served upon him.
Notification of disease in carcases
6. - (1) A person having possession or being in charge on any premises of a carcase which is affected with or suspected of being affected with tuberculosis, or -
(a) a veterinary surgeon who, for professional purposes, examines any such carcase; or
(b) a person who, having duties under the Fresh Meat (Hygiene and Inspection) Regulations 1995( 5)or whilst inspecting meat for any other purpose, inspects any such carcase,
shall with all practicable speed, give notice of the fact to the Divisional Veterinary Manager.
(2) A person having possession or being in charge of a carcase to which paragraph (1) above applies shall detain it, or so much of it as is affected with or suspected of being affected with tuberculosis, on the premises where it then is until it has been examined by a veterinary inspector.
Veterinary enquiry as to the existence of disease
7. - (1) Where there is reason to believe that there is on any premises an affected animal (other than a reactor) or a suspected animal or a carcase which is affected with or suspected of being affected with tuberculosis, a veterinary inspector shall, with all practicable speed, take such steps as may be necessary to establish the correctness of that information.
(2) For the purpose of carrying out any duties under the foregoing provisions of this paragraph a veterinary inspector may examine any bovine animal or carcase on the premises and take such samples as may be required for the purpose of diagnosis from any such bovine animal or carcase.
(3) A veterinary inspector who has examined any bovine animal and concluded that that animal is an affected or suspected animal shall serve a notice on the owner or person in charge of that animal, requiring him to
(a) detain the animal which is the subject of the notice in accordance with the requirements of that notice and keep it isolated from other bovine animals;
(b) where appropriate take steps to ensure that the milk produced by the animal is not mixed with other milk and is boiled or otherwise sterilized and that any utensil with which such milk has been in contact before being so treated is thoroughly cleansed and scalded with steam or boiling water before being used again; and
(c) ensure that no bovine animal is moved on to or off the premises or such part of the premises as is specified in the notice except under the authority of a licence issued by a veterinary inspector.
(4) The notice served under this article shall remain in force until-
(a) the animal to which it relates has died, or has been slaughtered pursuant to section 32 of the Act; or
(b) it is withdrawn by a notice in writing served by a veterinary inspector.
Tuberculin tests and valuation
8. - (1) The owner or person in charge of any bovine animal shall comply with all reasonable requirements of an appropriate officer with a view to
(a) facilitating the examination of that animal by a veterinary inspector;
(b) applying to it any diagnostic test for tuberculosis; or
(c) in a case where the Scottish Ministers intend to cause it to be slaughtered under section 32 of the Act in its application to tuberculosis, valuing the animal,
and any such animal shall be collected, penned and secured at the expense of the owner or person in charge of it.
(2) No person shall apply to a bovine animal any diagnostic test for tuberculosis except with the consent of the Scottish Ministers and any person applying such a test shall, as soon as the result of the test is known, forthwith report that result to the Scottish Ministers.
(3) If any person fails to comply with any reasonable requirement of an appropriate officer made in accordance with the provisions of paragraph (1) above a veterinary inspector may, by notice in writing served on the owner or other person in charge of bovine animals on the premises and without prejudice to article 12 of this Order, prohibit the movement of bovine animals on to or off the premises or any part or parts thereof, except under the authority of a licence issued by an appropriate officer.
(4) Without prejudice to any proceedings for an offence arising out of a default under paragraph (3) above, a veterinary inspector may take or cause to be taken all such steps as may be necessary to facilitate the examination and valuation of such animal, or the application to it of any diagnostic test for tuberculosis, and the amount of any expenses reasonably incurred by the Scottish Ministers for the purpose of making good the default shall be recoverable by them as a civil debt from the person in default.
(5) Where a diagnostic test for tuberculosis has been applied to a bovine animal no person shall move that animal from the premises on which it is kept unless-
(a) the movement is under the authority of a licence issued by an appropriate officer; or
(b) the results of the test have been interpreted by a veterinary inspector, veterinary surgeon or appropriate officer
Prohibition on vaccination and therapeutic treatment
9. - (1) Except insofar as authorised under this Order, no person shall-
(a) vaccinate a bovine animal against tuberculosis; or
(b) treat a bovine animal for tuberculosis.
Notification of intended slaughter of animals
10. - (1) Where the Scottish Ministers intend to cause a bovine animal to be slaughtered under section 32 of the Act in its application to tuberculosis, a veterinary inspector may serve a notice on the owner or person in charge of the animal advising of the intended slaughter and requiring the animal to be detained pending such slaughter (or pending its surrender and removal for such slaughter) on such part of any premises as is specified in the notice and to isolate it as far as practicable from such other animals as are so specified.
(2) The person on whom such a notice has been served-
(a) shall comply with the notice; and
(b) shall not move the animal, or cause or permit it to be moved, off that part of the premises on which it is required to be detained, except under the authority of a licence issued by an appropriate officer.
Precautions against spread of infection
11. - (1) Where the Scottish Ministers are satisfied that any bovine animal kept on any premises is an affected animal or a reactor-
(a) a veterinary inspector may, by notice in writing served on the owner or person in charge of any such animal, require such steps to be taken as may be reasonably practicable to prevent any bovine animal kept on the premises from infecting by contact any bovine animal kept on any adjoining premises; and
(b) an appropriate officer may, by notice in writing served on the owner or person in charge of any such animal, require that person-
(i) to arrange for the isolation of any animal or animals which may be specified in the notice on any part or parts of the premises so specified.
(ii) to ensure that any part or parts of the premises specified in the notice shall not be used by any animal on the premises, or by such animal or animals as may be so specified;
(iii) at that person's own expense, and within such time and in such manner as may be specified in the notice, to cleanse and disinfect such part or parts of the premises as may be so specified;
(iv) to treat and store manure or slurry from any place which has been used by such animal in accordance with the requirements of the notice;
(v) not to spread any manure or to spray or spread any slurry from any place which has been used by any such animal otherwise than in accordance with the requirements of the notice;
(vi) to cleanse and wash all utensils and other articles used for or about an animal to which the notice relates within such time and in such manner as may be specified in the notice.
(2) An appropriate officer who reasonably believes that any bovine animal which is on, or which has been on, any premises which are used for any show, exhibition, market, sale or fair, is an affected animal or has been exposed to the infection of tuberculosis may, by notice in writing served on the occupier of such premises, require that person-
(a) to ensure that any part or parts of the premises specified in the notice shall not be used by any other bovine animal for such period as may be specified in the notice;
(b) at that person's own expense, and within such time and in such manner as may be specified in the notice-
(i) to cleanse and disinfect such part or parts of the premises as may be specified in the notice;
(ii) to dispose of any manure, slurry or other animal waste, straw, litter or other matter which has or might have come into contact with such animal.
(3) If any person on whom a notice is served under paragraphs (1)(a) or (b) or (2) above fails to comply with the requirements of the notice, the Scottish Ministers may, at the expense of that person, and without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice.
Prohibition on movement of bovine animals
12. A veterinary inspector may by notice in writing served on the owner or person in charge of bovine animals kept on such premises as are specified in the notice, prohibit the movement of bovine animals on to or off such premises, except under the authority of a licence issued by an appropriate officer and in accordance with any conditions subject to which the licence is issued.
Manure, slurry etc
13. Where a notice has been served on the owner or person in charge of bovine animals kept on any premises under the provisions of article 12 above which prohibits the movement of bovine animals off such premises except under the authority of a licence, no manure, slurry or other animal waste shall be removed from such premises except under the authority of a licence issued by the appropriate officer and in accordance with any conditions subject to which such licence is issued.
Suspected animals in markets, shows and sales
14. -(1) A veterinary inspector who reasonably believes that a bovine animal on any premises at which a show, exhibition, market, sale or fair is being held, is infected with, or has been exposed to the infection of tuberculosis may require that animal to be removed from those premises, and (as the owner or person in charge of the animal may elect) taken either-
(a) to a slaughterhouse for immediate slaughter; or
(b) back to the premises from which the animal was brought to the show, exhibition, market, sale or fair; or
(c) to such other premises as may be approved by the appropriate officer for the purpose.
(2) A bovine animal shall only be moved in accordance with the provisions of subparagraph (b) or (c) of paragraph (1) above on condition that it is immediately put into isolation for a period to be determined by a notice in writing served on the owner or person in charge of the said animal by an appropriate officer.
Control of infection from other animals
15. - (1) A veterinary inspector who reasonably believes that an animal kept on any premises is, or may be, infected with tuberculosis may by notice in writing served on the occupier of such premises, require that person to keep the animal under control in such manner as may be specified in the notice or to confine it to such part of the premises as may be so specified.
(2) A notice served under paragraph (1) above in respect of an animal kept on any premises shall remain in force until such time as the animal dies or it is withdrawn by a further notice in writing served by a veterinary inspector on the occupier of such premises.
(3) For the purposes of paragraphs (1) and (2) above "animal" means any kind of mammal except man.
Marking of bovine animals
16. - (1) If so required in writing by an appropriate officer the owner or person in charge of a bovine animal kept on any premises shall mark such an animal in the manner required by the appropriate officer.
(2) The appropriate officer may mark any bovine animal kept on any premises.
(3) No person shall alter, remove, obliterate or deface, or attempt to alter, remove, obliterate or deface any such mark or identification as is referred to in the foregoing provisions of this article.
Isolation of M.bovis in a laboratory
17. - (1) Where the presence of the organism M.bovis is identified by a laboratory examination of a sample taken from any mammal (other than man) or from the carcase, products or surroundings of any such mammal, the person in charge of that laboratory shall immediately notify:
TB Diagnostic Laboratory
The Veterinary Laboratories Agency
Woodham Lane
New Haw
Addlestone
Surrey
KT15 3NB
(2) The duty to notify the Veterinary Laboratories Agency referred to in paragraph (1) above shall not apply where M. bovis is present in the sample as a result of its deliberate introduction as part of research involving the use of that organism.
Enforcement by local authority
18. This Order shall be executed and enforced by the local authority, save that the Scottish Ministers may direct that, in relation to particular cases or types of case, this Order shall be enforced by them.
Offences
19. Any person who, without lawful authority or excuse-
(a) contravenes any provision of this Order or of a licence issued or of a notice served under this Order; or
(b) fails to comply with any such provision or with any condition of any such licence or notice or with any requirement made under this Order; or
(c) causes or permits any such contravention or non-compliance,
commits an offence against the Act.
Revocation
20. The Tuberculosis (Scotland) Order 1984( 6) and the Tuberculosis (Scotland) (Amendment) Order 1990( 7) are hereby revoked.
EXPLANATORY NOTE
(This note is not part of the Order)
This Order revokes and replaces the Tuberculosis (Scotland) Order 1984 as amended, insofar as it applies to Scotland. Minor amendments have been introduced to bring the Order up to date.
The main changes introduced are as follows:
(1) There is an explicit power to place herds under movement restriction where the person in charge of that herd fails to allow examination, testing or valuation of his animals.
(2) There is a prohibition on moving animals which have been tested for tuberculosis until the results of the test have been read by an appropriate officer unless the movement takes place under licence.
(3) An obligation to notify the Veterinary Laboratories Agency has been introduced where the M.bovis organism is isolated in a laboratory.
(4) The model forms which were annexed to the 1984 Order have been removed.
(5) The definition of bovine animals has been amended to include Bubalus bubalis (the Asian water buffalo) and Bison Bison (the North American Bison).
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