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PART 3
Measures on confirmation of disease
Slaughter of animals
19. - (1) Subject to regulation 20, where
disease is confirmed on a holding, the Scottish Ministers
shall cause to be slaughtered in such a way as to minimise
the dispersal of disease virus all animals on the holding
other than non-susceptible animals which the Scottish
Ministers consider are capable of being isolated,
effectively cleansed and disinfected, and which are
individually identifiable so as to allow the control of
their movement.
(2) Compensation shall be payable for any animal
slaughtered under paragraph (1) above as if that animal had
been slaughtered under the powers conferred by Schedule 3
paragraph 3(2) of the 1981 Act.
Exemption from slaughter for certain susceptible
animals
20. Where the Scottish Ministers consider
that the disease virus threatens to infect susceptible
animals in a laboratory, zoo, wildlife park or fenced area,
or in bodies, institutes or centres approved in accordance
with Article 13(2) of Directive 92/95/EEC, and where
animals are kept for scientific purposes or purposes
related to conservation of species or farm animal genetic
resources, the Scottish Ministers may, on the advice of the
Chief Veterinary Officer (
UK), make a declaration exempting those
animals from slaughter under regulation 18 or 19 provided
that they are satisfied that -
(1) the animal health status of other Member states will
not be endangered as a result; and
(2) all necessary measures are in place to prevent any
risk of spreading the disease virus.
Notice of intention to slaughter animals
21. Before causing the slaughter of
animals under regulation 18 or 19, the Scottish Ministers
shall give notice of their intention to cause such
slaughter-
(a) to the occupier of the premises where the
animals are kept, or
(b) where the animals are in transit, to the person
who appear to be in charge of them.
Sampling and clinical examination of susceptible
animals before slaughter
22. Where the Scottish Ministers give
notice of their intention to cause slaughter of susceptible
animals under regulation 18 or 19, they shall ensure that,
taking account of the advice of the National Expert
Epidemiological Group, any sampling and clinical
examination they consider necessary to carry out the
veterinary inquiry in regulation 13 has been undertaken
before slaughter.
Place of slaughter
23. -(1) This regulation applies where the
Scottish Ministers give notice under regulation 21 of their
intention to cause slaughter of animals.
(2) Where the animals to be slaughtered are on premises,
no person shall move any susceptible animal from those
premises and slaughter shall take place there without delay
except where-
(a) in the opinion of the Scottish Ministers
exceptional circumstances exist which would make slaughter
there an unsatisfactory method of disease control, or
(b) the premises are a slaughterhouse or border
inspection post, in which cases the Scottish Ministers may
direct that slaughter be carried out at another place.
(3) Where the animals to be slaughtered are in transit,
they shall be transported to another place at the direction
of the Scottish Ministers as soon as is reasonably
practicable and before slaughter.
(4) In directing transport to another place under this
regulation the Scottish Ministers shall grant a licence
authorising movement of the animals, persons and vehicles
necessary for that action under such conditions as they
think fit to minimise the risk of spread of disease.
Slaughter: control of carcases
24. -(1) This regulation shall apply to
premises where the Scottish Ministers have caused slaughter
under regulation 18 or 19.
(2) No person shall move the carcase of any animal from
premises to which this regulation applies, except for
disposal, and that under the authority of a licence granted
by the Scottish Ministers.
Slaughter: control of faecal material
25. -(1) This regulation shall apply where
the Scottish Ministers have caused slaughter under
regulation 18 or 19.
(2) No person shall move any dung, manure, slurry or
litter of susceptible animals from premises to which this
regulation applies except-
(a) for disposal and under the authority of a licence
granted by the Scottish Ministers issued following
consultation with the Chief Veterinary Officer and
specifying a manner of disposal such as to ensure the
destruction of any disease virus (including being processed
as high risk material under Regulation (
EC) No 1774/2002
8 in such a way as to avoid the risk of spread of the
disease virus), or
(b) in the case of material from a slaughterhouse,
border inspection post or means of transport, following
disinfection, for treatment of such material in accordance
with point 5 of Section II in Part A of Chapter III of
Annex VIII to Regulation (
EC) No. 1774/2002 and under the
authority of a licence granted by the Scottish
Ministers.
Slaughter: isolation of things liable to spread
disease
26. -(1) This regulation shall apply to
the occupier of any holding where the Scottish Ministers
have caused slaughter under regulation 18 or 19.
(2) Subject to paragraph (3) a person to whom this
regulation applies shall isolate all stocks of milk, milk
products, meat, meat products, carcases, hides and skins,
wool, semen, embryos, ova, slurry, manure, animal feed and
litter on the premises until-
(a) the Scottish Ministers certify that the items
concerned are free of contamination, or
(b) such items have been treated in accordance with
the directions of an inspector and the standing
instructions of the Chief Veterinary Officer in such a
manner as to ensure the destruction of any disease virus,
or
(c) such items have been treated in accordance with
Regulation (
EC) No. 1774/2002.
(3) No item shall be removed from the holding for the
purposes of being treated in accordance with paragraph
(2)(b) or (c), except in accordance with the conditions of
a licence granted by the Scottish Ministers authorising
such item to be removed and treated in that way.
(4) Paragraph (2) shall not apply to milk on a free unit
where this is authorised by a licence granted by the
Scottish Ministers and such licence shall contain terms
requiring that-
(a) where it is for human consumption, milk is
subjected to one of the treatments in paragraph 14 of
Schedule 4; or
(b) where it is not for human consumption, milk is
subjected to one of the treatments in paragraph 15 of
Schedule 4.
Slaughter: cleansing and disinfection
27. -(1) The Scottish Ministers shall
serve a notice on the occupier of any holding to which
regulation 23 applies requiring the occupier to cleanse and
disinfect it in accordance with paragraph (2).
(2) The occupier of any holding to which this paragraph
applies shall, after disposal of all carcases in accordance
with regulation 24, and certification, treatment or removal
of the items referred to in regulation 26(2), ensure that-
(a) all buildings, parts of the holding and vehicles
used by susceptible animals and any other thing or place on
the holding which may be contaminated are cleansed and
disinfected in accordance with Schedule 1; and
(b) where there is reasonable suspicion that any
part of the holding normally used by humans to the
exclusion of animals (including a dwelling) is contaminated
with disease virus, that part of the holding is disinfected
in accordance with Schedule 1.
(3) The occupier of a slaughterhouse, border inspection
post or means of transport where the Scottish Ministers
have caused slaughter under regulation 18 or 19 shall,
after the disposal of all carcases in accordance with
regulation 24 and, if regulation 25(2)(a) applies, removal
for disposal of the items referred to in that paragraph,
ensure that every building and place, and any equipment,
vehicle and any other thing liable to spread disease on the
premises, or any means of transport, are cleansed and
disinfected in accordance with Schedule 1.
Declaration of protection and surveillance zones
28. -(1) The Scottish Ministers shall, on
confirmation of the disease on a holding in Scotland,
declare a protection zone and a surveillance zone in such
part of Scotland as they think fit.
(2) The Scottish Ministers may, on confirmation by the
Chief Veterinary Officer of the disease-
(a) at a slaughterhouse or border inspection post in
Scotland, or
(b) at premises in England, Wales or Northern
Ireland
declare a protection zone and a surveillance zone in
such part of Scotland as they think fit.
(3) A declaration under paragraph (1) or (2) shall
designate-
(a) the extent of the protection zone which shall be
an area with a minimum radius of 3 kilometres centred on
infected premises; and
(b) the extent of the surveillance zone which shall
be an area with a minimum radius of 10 kilometres centred
on the same infected premises.
(4) The Scottish Ministers may, if they consider
necessary, review the extent of any protection or
surveillance zone declared under paragraph (1) or (2).
(5) In determining the geographical extent of a
protection zone and a surveillance zone, the Scottish
Ministers shall take into account administrative
boundaries, natural barriers, supervision facilities and
information as to the probable dispersion of the disease
virus by air or other means.
(6) Any premises which are partly inside and partly
outside a protection zone shall be deemed to be wholly
inside that zone.
(7) Any premises which are partly inside and partly
outside a surveillance zone shall be deemed to be wholly
inside that zone (except premises which are also partly
inside a protection zone).
(8) Any protection zone or surveillance zone is an
infected area for the purposes of section 17 of the
Act.
(9) The measures in Parts 1 and 2 of Schedule 5 apply in
respect of a protection zone and those in Parts 1 and 3 of
Schedule 5 apply in respect of a surveillance zone.
(10) The Scottish Ministers may declare that any other
measure they think fit so as to prevent the spread of
disease shall apply in respect of the whole or any part of
any protection or surveillance zone and any such measure
shall then apply in respect of that protection or
surveillance zone or that part of it.
(11) The Scottish Ministers shall ensure that signs
marking the boundaries of protection and surveillance zones
are erected in a conspicuous position on roads, footpaths
and rights of way entering those zones.
Termination of protection and surveillance zones
29. -(1) The Scottish Ministers may, where
they are satisfied that the conditions in paragraph (2) are
met, declare the termination of a protection zone.
(2) The conditions for termination of a protection zone
are-
(a) at least 15 days have elapsed since completion
of any preliminary cleansing and disinfection measures
required by regulations 5 and 27 and Part 2 of Schedule 1
in that protection zone; and
(b) a survey of all susceptible animals to
substantiate the absence of infection has been carried out
on behalf of the Scottish Ministers in that protection zone
with negative results.
(3) On termination of any protection zone, the area
within its boundaries shall become part of the associated
surveillance zone.
(4) The Scottish Ministers may, where they are satisfied
that the conditions in paragraph (5) are met, declare the
termination of a surveillance zone.
(5) The conditions for termination of a surveillance
zone are-
(a) at least 30 days have elapsed since completion
of any cleansing and disinfection measures required by
regulation 25 in the associated protection zone; and
(b) its associated protection zone has been
terminated; and
(c) a survey of susceptible animals to substantiate
the absence of infection has been carried out since the
termination of the protection zone on behalf of the
Scottish Ministers in that surveillance zone with negative
results.
(6) A declaration under this regulation shall refer to
the declaration creating the protection and surveillance
zones and specify the date and time the protection zone or
surveillance zone is to terminate.
Declaration of restricted zone
30. -(1) The Scottish Ministers shall
declare such part of Scotland (if any) as they think fit to
be a restricted zone -
(a) where, following a thorough epidemiological
assessment, the Scottish Ministers, having consulted the
Chief Veterinary Officer, are of the opinion that, despite
the measures already taken, the disease appears to be
spreading; or
(b) when emergency vaccination is implemented in the
United Kingdom or any part thereof.
(2) Where paragraph 1(b) applies, the restricted zone
shall cover at least the vaccination zone.
(3) A restricted zone shall remain in effect until-
(a) such date as may be stated in the declaration;
or
(b) it is removed by further declaration of the
Scottish Ministers.
(4) Any premises which are partly inside and partly
outside a restricted zone shall be deemed to be wholly
inside that zone except premises which are also partly
inside-
(a) a temporary control zone;
(b) a supplementary movement control zone;
(c) a protection zone;
(d) a surveillance zone;
(e) a vaccination zone;
(f) a vaccination surveillance zone; or
(g) a wild animal infected area.
(5) The measures in Schedule 6 of these Regulations
apply to a restricted zone but without prejudice to any
requirements or restriction applying in any part of it by
virtue of the declaration of a zone listed in paragraph
(4).
(6) The Scottish Ministers may declare that any other
measure they think fit so as to prevent the spread of
disease applies in respect of the whole or any part of any
restricted zone and any such measure shall then apply in
respect of that restricted zone or that part of it.
Confirmation of the disease in wild animals and
declaration of a wild animal infected area
31. -(1) The Scottish Ministers shall, on
confirmation of the disease in any wild animal, declare
such part of Scotland as they think fit to be a wild animal
infected area.
(2) A wild animal infected area shall remain in effect
until-
(a) such date as may be stated in the declaration; or
(b) it is removed by further declaration of the
Scottish Ministers.
(3) Any premises which are partly inside and partly
outside a wild animal infected area shall be deemed to be
wholly inside that area.
(4) The measures in Schedule 7 of these regulations
apply in a wild animal infected area but without prejudice
to any measures applying in any part of it by virtue of the
declaration of -
(i) a protection zone,
(ii) a surveillance zone,
(iii) a vaccination zone, or
(iv) a vaccination surveillance zone.
(5) The Scottish Ministers may declare that any other
measure they think fit so as to prevent the spread of
disease applies in respect of the whole or any part of any
wild animal infected area and any such measure shall then
apply in respect of that wild animal infected area or part
of it.
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