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Listen
PART 2
Notification, supicion and investigation of
disease
Notification of disease or suspected disease
6. -(1) A person who has in that person's
possession or charge an animal or carcase infected or
suspected of being infected shall immediately notify the
Divisional Veterinary Manager.
(2) A person who in the course of their occupation
discovers that an animal or carcase is infected or
suspected of being infected shall immediately notify the
Divisional Veterinary Manager.
(3) Any person who notifies the presence or
suspicion of disease shall immediately inform the occupier
of premises where disease is present, or suspected, of that
notification.
(4) If suspicion or presence of disease is notified
under this regulation in respect of any premises they shall
immediately become suspect premises (unless they are
already suspect or infected premises).
(5) This regulation shall not apply to a person in
possession of or carrying the disease pathogen in
accordance with the terms of a licence granted under the
Specified Animal Pathogens Order 1998
6.
(6) Notification to the Divisional Veterinary
Manager under paragraph (1) or (2) shall also be treated as
satisfying the requirement to give notice under section
15(1)(b) of the Animal Health Act 1981.
Clinical examination and procedures for sampling
7. Where clinical examination or sampling
is required to be carried out under these Regulations, it
shall be carried out in a manner consistent with Annex III
to the Directive.
Testing for disease virus
8. - (1) No person shall handle live
disease virus for the purposes of research, testing for the
disease virus, diagnosis of the disease or the production
of vaccines except in a laboratory specified in Part A of
Annex XI to the Directive.
(2) Samples to be tested for the disease virus shall
be sent to such a laboratory which has been designated by
the Scottish Ministers for that purpose.
(3) Samples to be tested for antibodies to the
disease virus shall be sent to a laboratory which has been
designated by the Scottish Ministers for that purpose.
Notice of suspicion of disease
9. -(1) If an inspector suspects that
disease exists or has within 56 days been present on any
premises, the inspector shall immediately serve a notice on
the occupier stating that fact and declaring those premises
to be suspect premises.
(2) If an inspector knows or suspects that an animal
suspected of being contaminated is on any premises, the
inspector shall immediately serve a notice on the occupier
stating that fact and declaring those premises to be
suspect premises.
Suspicion of disease in animals in transit
10. -(1) If an inspector knows or suspects
that an animal in transit is infected or contaminated, the
inspector shall immediately serve a notice on the person in
charge of the animal-
(a) stating that fact;
(b) directing transport of the animal and any animal
with it to such premises as the inspector thinks fit;
(c) detaining any vehicle, equipment or other thing
(including clothing and footwear) suspected of
contamination at a suitable place until it has been
cleansed and disinfected.
(2) The inspector shall ensure that the occupier of
premises to which animals are directed is served with a
notice under regulation 9 on their arrival.
(3) Any expenses arising out of the transport of any
animal (including for feeding, watering and other welfare)
under this regulation shall be paid by its owner.
(4) The owner of any vehicle, equipment or other thing
(including clothing and footwear) detained under paragraph
(1)(c) shall cleanse and disinfect it.
Measures applicable to suspect premises
11. Schedule 2 shall apply to suspect
premises.
Declaration of temporary control zone and supplementary
movement control zone
12. -(1) Where, in the opinion of the
Scottish Ministers, the epidemiological situation makes it
necessary to do so, they may declare a temporary control
zone in Scotland of such size as they think fit to prevent
the spread of disease.
(2) A temporary control zone shall remain in effect
until-
(a) such date as may be stated in the declaration; or
(b) it becomes part of a protection zone or a
surveillance zone; or
(c) it is removed by further declaration of the
Scottish Ministers.
(3) Any premises which are partly inside and partly
outside a temporary control zone shall be deemed to be
wholly inside it.
(4) No person shall move any susceptible animal into or
out of a temporary control zone, except where the movement
is-
(a) through the zone by rail or road, or
(b) necessary to complete a journey started before
the creation of the zone.
(5) The occupier of any premises in a temporary control
zone shall-
(a) create and maintain a record in accordance with
paragraph 1 of Schedule 2; and
(b) isolate animals in accordance with paragraph 3
of that Schedule.
(6) When a temporary control zone has been declared, the
following provisions of Schedule 2 apply-
(a) paragraph 4 (movement of susceptible animals);
(b) paragraph 5 (movement of things liable to
transmit disease);
(c) paragraph 6 (movement of fodder, etc.);
(d) paragraph 7 (movement of persons on to or off
premises);
(e) paragraph 10 (movement of vehicles); and
(f) paragraph 11 (movement of non-susceptible
animals).
(7) When a temporary control zone has been declared, the
Scottish Ministers may also declare a supplementary
movement control zone adjoining it (which may extend to the
whole of Scotland).
(8) A supplementary movement control zone shall remain
in effect until-
(a) such time as may be stated in the declaration;
or
(b) it becomes part of a protection zone or a
surveillance zone; or
(c) it is removed by further declaration of the
Scottish Ministers.
(9) Subject to paragraph (3) any premises which are
partly inside and partly outside a supplementary movement
control zone shall be deemed to be wholly inside it.
(10) A supplementary movement control zone shall apply
in respect of-
(a) susceptible animals; and
(b) any class of non-susceptible animal specified in
the declaration during a period also specified there
(which, unless a longer period is justified by exceptional
circumstances, shall not exceed 72 hours from the
declaration).
(11) No person shall move any animal in respect of which
a supplementary movement control zone applies on to or off
any premises in such a zone or into or out of such a zone
except where the movement is-
(a) through the zone by railway, motorway or trunk
road, or
(b) necessary to complete a journey started before
the creation of the zone, or
(c) of a non-susceptible animal in accordance with a
licence granted by the Scottish Ministers.
(12) Paragraphs (4), (5), (6) and (11) apply without
prejudice to any requirement or restriction which applies
in any part of a temporary control zone or a supplementary
movement control zone because of-
(a) a vaccination zone or vaccination surveillance
zone declared under Part 5 of these Regulations, or
(b) a wild animal infected area.
Veterinary inquiry into the existence of disease and
declaration of infected premises
13. -(1) The Chief Veterinary Officer
shall ensure that the presence or suspicion of infection or
contamination is investigated in accordance with this
regulation by an officer of the Scottish Ministers as soon
as is reasonably practicable.
(2) The Chief Veterinary Officer shall ensure that the
presence or absence of disease on every premises within a
temporary control zone where susceptible animals are or
have within 56 days of the declaration of that zone been
kept is forthwith investigated in accordance with this
regulation by an officer of the Scottish Ministers as soon
as is reasonably practicable.
(3) The officer investigating shall take all steps which
the officer considers necessary to determine whether
disease exists or has within 56 days existed on the
premises and the related circumstances. In particular, the
officer shall ensure that any samples necessary for that
determination are taken (but sampling shall not be
considered necessary on holdings which the Chief Veterinary
Officer considers to be epidemiologically linked with a
primary source for which samples have already been
taken).
(4) The occupier of any premises under investigation
shall make any records required for an investigation under
this regulation available to the officer investigating on
demand.
(5) The officer investigating shall communicate to the
Chief Veterinary Officer the officer's opinion as to
whether disease exists or has within 56 days existed on any
premises under inquiry.
(6) If the officer's opinion is that disease exists or
has within 56 days existed on any premises the officer
investigating shall also communicate to the Chief
Veterinary Officer the officer's opinions on at least the
following-
(a) the infection date;
(b) the origin of the disease;
(c) any premises which may have been contaminated
from the same origin;
(d) the extent to which animals other than cattle or
pigs may have been infected or contaminated;
(e) any premises to or from which disease may have
been carried;
(f) any other premises which the officer suspects to
be contaminated; and
(g) whether any premises under inquiry comprise two
or more separate epidemiological production units,
and in sub-paragraphs (c), (e) and (f) "premises"
includes premises outside Scotland.
(7) Where the Chief Veterinary Officer concludes after
consideration of any opinion communicated under this
regulation that one or more of the criteria in Schedule 3
are satisfied in respect of any premises the Chief
Veterinary Officer shall advise the Scottish Ministers of
that conclusion and the Scottish Ministers shall confirm
the presence of disease and declare those premises to be
infected premises.
(8) Schedule 2 shall apply to infected premises.
Supplementary powers of the Scottish Ministers to
conduct inquiry into the existence of disease
14. -(1) For the purposes of an inquiry
under regulation 13, a person who enters any premises or
vehicle under section 63 or section 64A of the Act may-
(a) copy any records (in whatever form they may be
held);
(b) remove any records to enable them to be copied,
or where they are kept by means of an electronic data
storage medium, require them to be produced in a form which
may be taken away;
(c) mark for identification any animal or carcase
found there.
(2) No person shall deface, obliterate or remove any
mark applied under paragraph (1)(c) except with the written
authority of the Scottish Ministers.
Separate epidemiological production units
15. -(1) Following veterinary inquiry in
accordance with regulation 13(6)(g) the Scottish Ministers
may, in exceptional cases and after considering the risks,
by notice served on the occupier declare in respect of any
premises that those premises are to be regarded as two or
more separate epidemiological production units.
(2) A declaration under paragraph (1) shall not be made
unless the Chief Veterinary Officer forms the opinion that
-
(a) the structure, including the administration and
size of the premises, allow, for each separate unit, a
complete separation of housing and keeping for their
susceptible animals, including separate air space;
(b) the operations on each separate unit, and in
particular stable and pasture management, milking, feeding,
and removal of dung or manure are completely separated and
carried out by different personnel;
(c) the machinery, non-susceptible working animals,
equipment, installations, instruments and disinfection
facilities used in each separate unit are completely
separate; and
(d) each of sub-paragraphs (a)-(c) has applied
continuously for at least two incubation periods of each
susceptible animal on the premises prior to the date on
which the outbreak of disease was identified on the
holding,
and advises the Scottish Ministers of that opinion.
(3) A declaration under paragraph (1) shall designate
the boundaries of and identify each separate unit and-
(a) in respect of infected premises shall declare
every separate unit which is free of disease a free unit;
(b) in respect of suspect premises shall declare
every separate unit-
(i) which is not suspected of infection or
contamination, and
(ii) for which an epidemiological link with an
infected premises can be excluded, to be a free unit.
(4) A unit shall cease to be a free unit on revocation
of the notice declaring it.
Tracing of possible disease spread
16. -(1) The Scottish Ministers shall
declare premises to be suspect premises where the Chief
Veterinary Officer advises that their location, their
construction and layout, or contacts with animals on
premises already declared to be suspect premises give
reason to suspect infection or contamination.
(2) The Scottish Ministers shall declare premises to be
suspect premises where the Chief Veterinary Officer is not
reasonably able to exclude an epidemiological link with
infected premises or with a confirmed case of the disease,
and so advises them.
(3) The Scottish Ministers shall declare premises (other
than infected or suspect premises) to be contact premises
where the Chief Veterinary Officer advises either-
(a) that disease may have been carried there from
any premises, or
(b) that disease may have been carried to any
premises from there.
(4) Declarations under this regulation shall be by
notice served on the occupier
(5) Where the Chief Veterinary Officer is not reasonably
able to exclude an epidemiological link between a vehicle
and infected premises or a confirmed case of the disease,
and so advises the Scottish Ministers, the Scottish
Ministers shall serve a notice on the person in charge of
the vehicle -
(a) stating that fact; and
(b) detaining the vehicle at a suitable place until
it has been cleansed and disinfected.
(6) The owner of a vehicle detained under paragraph
10(1)(c) shall cleanse and disinfect it.
(7) The Scottish Ministers shall ensure that any
premises declared to be suspect or contact premises under
this regulation, or any vehicle in respect of which a
notice is served under paragraph (5), are subjected to
investigation in accordance with regulation 13 as soon as
is reasonably practicable.
(8) Where, following a declaration under regulation
15(1), premises are to be regarded as consisting of
separate epidemiological production units the Scottish
Ministers shall amend any declaration under paragraph (3)
to specify to or from which units disease may have been
carried and only those units so specified shall form the
contact premises.
(9) The Scottish Ministers shall-
(a) trace all milk, milk products, meat, meat products,
carcases, hides and skins and wool derived from susceptible
animals originating on infected premises
and direct the person in charge to treat such items,
under the supervision of an inspector, in such a way as to
ensure destruction of disease virus and avoid the risk of
it spreading further;
(b) trace all semen, ova and embryos collected from
susceptible animals originating on infected premises and
direct the person in charge to dispose of such items in
accordance with Regulation (
EC) No 1774/2002
7 in such a way as to avoid the risk of spread of the
disease virus;
and that person shall comply with those directions.
Measures applicable to contact premises
17. Schedule 2 shall apply to contact
premises.
18. Preventive eradication programme
(1) The Scottish Ministers may, where they consider
appropriate on the basis of epidemiological information or
other evidence, implement a preventive eradication
programme of the disease.
(2) As part of such a programme, the Scottish Ministers
may cause to be slaughtered in such a way as to minimise
the dispersal of disease virus any susceptible animals
likely to be contaminated with the disease virus, and, if
they consider it necessary with a view to preventing the
spread of the disease, of susceptible animals from
epidemiologically linked production units or adjoining
holdings.
(3) Compensation shall be payable for any susceptible
animal slaughtered under paragraph (2) above as if that
animal had been slaughtered under the powers conferred by
Schedule 3 paragraph 3(2) of the 1981 Act.
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