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PART 6
General and supplementary provisions and
revocations
Restocking of holdings
43. -(1) This regulation applies to any
holding-
(a) which is or has been infected premises, or
(b) which is outside a vaccination zone and is to be
restocked with any vaccinated animal.
(2) Subject to paragraph (3), no person shall restock a
holding to which this regulation applies except under the
authority of a licence granted by the Scottish Ministers
and in accordance with the provisions of Schedule 10.
(3) The prohibition in paragraph (2) shall apply to a
holding which is or has been infected premises every time
it is subjected to the measures in regulations 23 to 27 but
shall not apply to any other restocking of that
holding.
Powers of inspectors
44. -The following provisions of the Act
shall apply as if these Regulations were an Order made
under the Act and as if the definition of "animal" in
section 87 of the Act was extended to cover every
susceptible animal-
(1) section 63 (general powers of inspectors),
(2) section 64A (powers of inspectors relating to
Community obligations), and
(3) section 65 (power to detain vessels and
aircraft).
Enforcement, offences and proceedings
45. -(1) The following provisions of the
Act shall apply as if these Regulations were an Order made
under the Act-
(a) section 60 (duties and authorities of
constables),
(b) section 66 (refusal and obstruction),
(c) section 67 (issue of false licences etc.)
(d) section 68 (issue of licences etc. in blank),
(e) section 69 (falsely obtaining licences etc.),
(f) section 71 (other offences as to licences);
(g) section 72 (offences made and declared under
this Act),
(h) section 73 (general offences);
(i) section 75 (penalties for certain summary
offences);
(j) section 77 (money recoverable summarily),
(k) section 78 (appeal), and
(l) section 79 (evidence and procedure)
and as if the definition of "animal" in section 87 of
the Act was extended to cover every susceptible animal.
(2) The provisions of these Regulations shall be
enforced by the local authority.
(3) The Scottish Ministers may direct, in relation to
cases of a particular description or a particular case,
that any duty imposed on a local authority under paragraph
(2) shall be discharged by the Scottish Ministers and not
by the local authority.
Powers of inspectors in case of default
46. -(1) Where a person fails to comply
with a requirement of these Regulations or a licence
granted or direction made under them an inspector may take
any steps which the inspector considers necessary to ensure
the requirement is met.
(2) Where a person acts in contravention of a
requirement of these Regulations or a licence granted or
direction made under them an inspector may take any steps
which the inspector considers necessary to rectify the
situation so as to prevent the spread of disease.
(3) In taking steps under paragraphs (1) or (2) an
inspector may seize any animal exposed, moved, kept or
otherwise dealt with in contravention of these Regulations
or a licence granted or direction made under them and
detain or dispose of it.
(4) In taking steps under (2), an inspector may direct
any person to take or refrain from specified action in
respect of any place, animal, poultry, vehicle, animal
product or other thing.
(5) Any steps taken are without prejudice to proceedings
for an offence arising out of the default.
(6) The person in default shall reimburse any reasonable
expenses incurred by the Scottish Ministers or the local
authority in taking such steps and any such reimbursement
is recoverable as a civil debt.
Revocations
47. The Orders and Regulations listed in
Schedule 11 are revoked to the extent specified in that
Schedule.
| Date | Name
A member of the Scottish
Executive |
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