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SCOTTISH STATUTORY INSTRUMENTS
2001 No. 111
ANIMALS
ANIMAL HEALTH
The Foot-and-Mouth Disease Declaratory (Controlled Area) (Scotland) (No. 3) Order 2001
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Made |
16th March 2001 | |
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Coming into force in accordance with article 1(2) |
The Scottish Ministers, in exercise of the powers conferred by article 30(1) of the Foot-and-Mouth Disease Order 1983[1], and of all other powers enabling them in that behalf, hereby make the following Order:
Citation, commencement, extent and interpretation
1.
- (1) This Order may be cited as the Foot-and-Mouth Disease Declaratory (Controlled Area) (Scotland) (No. 3) Order 2001.
(2) This Order, other than article 8(2), shall come into force on 17th March 2001 and article 8(2) shall come into force immediately before midnight on 16th March 2001.
(3) This Order extends to Scotland only.
(4) In this Order, "the 1983 Order" means the Foot-and-Mouth Disease Order 1983.
(5) Unless the context otherwise requires, terms used in this Order which are also used in the 1983 Order shall have the same meaning in this Order as they have in the 1983 Order.
Declaration of controlled area
2.
The territory of Scotland is declared a controlled area to which the provisions of Part IV of the 1983 Order apply as disapplied to the extent set out in article 3 below and as varied in accordance with this Order.
Disapplication of certain provisions of the 1983 Order
3.
Articles 31, 32, 34, 36(2) and (3)(b) and 37 of the 1983 Order do not apply.
Variation of the provisions of the 1983 Order
4.
- (1) Part IV of the 1983 Order is varied by the addition of the requirements set out in the following provisions of this article.
(2) Article 33 shall not apply if the slaughterhouse or knackery product is controlled by and disposed of in accordance with-
(a) the Specified Risk Material Order 1997[2];
(b) the Specified Risk Material Regulations 1997[3]; or
(c) the Animal By-Products Order 1999[4].
(3) Subject to paragraph (4) below, no person shall-
(a) move any animal from the premises on which it is located, other than under the authority of a licence issued by the Scottish Ministers;
(b) except where article 5 below applies, move any animal into or out of the controlled area other than under the authority of a licence issued by the Scottish Ministers or, in the case of movements from outwith the territory of Scotland, by the Minister.
(4) An inspector may, by licence issued in the form set out in Schedule 1 to this Order and subject to the conditions set out in that Schedule, permit for slaughter the movement of-
(a) sheep, cattle or pigs direct to a slaughterhouse, approved by the Scottish Ministers to slaughter animals, moved by virtue of a licence issued under this paragraph;
(b) sheep or cattle to a collecting centre, licensed by the local authority under paragraph (8) below, for onward movement direct to a slaughterhouse approved under sub-paragraph (a) above,
and a licence under this paragraph may permit the movement of animals to a controlled area contiguous to that declared by this Order.
(5) Where an animal is moved to a slaughterhouse under paragraph (4) above, the occupier of the slaughterhouse shall ensure that the animal is slaughtered at those premises in accordance with any condition relating to slaughter specified in the licence and in any event, within 24 hours of arrival there.
(6) The person in charge of the vehicle in which an animal is moved under paragraph (4) above shall ensure that the vehicle is thoroughly cleansed and disinfected in accordance with the requirements of Schedule 2 to this Order as soon as possible after the animals have been unloaded from it and, in any case, before that vehicle is moved from those premises.
(7) Subject to paragraph (8) below, no person shall use any premises for fairs, markets, shows or other gatherings of animals.
(8) Notwithstanding the prohibition in paragraph (7) above, the use of premises as a collecting centre may be permitted by licence issued by an inspector of the local authority, in accordance with the advice of the Chief Veterinary Officer.
(9) Hunting and stalking are prohibited.
(10) Except under paragraphs (4) and (8) above, licences under Part IV of the 1983 Order may only be issued by the Scottish Ministers.
(11) The Scottish Ministers shall not issue licences under that Part except in accordance with the advice of the Chief Veterinary Officer.
(12) Where a local authority issues a licence under that Part, it shall retain a copy of the licence for a period of not less than 6 months.
(13) The operator of premises to which animals are moved under paragraph (4) above, shall-
(a) ensure that the representative of that operator is given the licence under which they have been moved before allowing the animals to be unloaded from the vehicle on which they have been transported;
(b) forward that licence without delay to the local authority responsible for the area in which those premises are situated and, in the case of a slaughterhouse, to the official veterinary surgeon appointed for those premises;
(c) retain a copy of that licence for a period of not less than 6 months and produce it upon request for inspection by an inspector;
(d) provide adequate facilities, equipment and materials for the cleansing and disinfection in accordance with this Order of the vehicle that delivered the animal to the premises; and
(e) in the case of a collecting centre, ensure that sheep are marked or tagged so as to enable the identity of that collecting centre to be established throughout their onward movement to a slaughterhouse.
(14) No person shall move any carcass (other than a carcass of an animal slaughtered for human consumption or a suspect BSE or scrapie carcass destined for disposal) from premises other than a slaughterhouse or a knacker's yard, except under the authority of a licence issued by the Scottish Ministers.
Transit of animals through the Controlled Area
5.
The Scottish Ministers may, by licence in writing (or in electronic form), authorise the movement of bi-ungulate animals originating outside the United Kingdom, to another member State, if those animals travel through the controlled area in direct and uninterrupted transit on main roads or by rail.
Licences and approvals issued otherwise than in Scotland
6.
For the purposes of this Order, licences or approvals granted by the Minister under any Order made in exercise of the powers conferred by article 30 of the 1983 Order (other than in relation to Scotland) shall have effect in or as regards Scotland as if they were granted by the Scottish Ministers.
Enforcement
7.
The provisions of Part IV of the 1983 Order as varied by this Order shall, in so far as they are to be enforced in slaughterhouses, be enforced by the Scottish Ministers.
Revocations
8.
- (1) Article 2 of the Foot-and-Mouth Disease (Scotland) (Declaratory and Controlled Area) Amendment Order 2001[5] is revoked.
(2) Article 1(2) of the Foot-and-Mouth Disease (Scotland) (Declaratory and Controlled Area) Amendment (No. 2) Order 2001[6] is revoked.
(3) Article 2 of the Foot-and-Mouth Disease (Scotland) (Declaratory and Controlled Area) Amendment (No. 2) Order 2001 is revoked.
D J CRAWLEY
A member of the staff of the Scottish Ministers
Pentland House, Edinburgh
16th March 2001
SCHEDULE 1Article 4(4)
ANIMAL HEALTH ACT 1981
FOOT-AND-MOUTH DISEASE ORDER 1983
LICENCE FOR THE MOVEMENT OF ANIMALS WITHIN THE CONTROLLED AREA FOR SLAUGHTER
PART I
1.
AUTHORISATION
I, the undersigned,
by this licence granted under the above Order hereby authorise the movement of the animals described in column 2 below to the place of destination specified in column 4 below, subject to the conditions set out below.
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1
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2
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3
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4
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FROM
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TO
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(Insert name and address of the person to whom this licence is granted) |
is hereby licensed to move (insert number and description of animals (including ear tag number if applied)to be moved) |
(Insert full address of premises including holding number from which the animals are to be moved (if different from 1)) |
(Insert full address of premises to which the animals are to be moved) |
This licence is granted subject to the conditions set out below. Failure to comply with such conditions may render a person liable to prosecution and heavy penalties on conviction. Your attention is also drawn to the Notes below.
This licence may be revoked at any time by a Notice served by an Inspector on the person to whom it was granted.
2.
CONDITIONS OF LICENCE
1.
Before being moved, animals to which this licence relates shall be marked as follows: -
CATTLE - A broad arrow, 15 cm long, clipped on left hindquarter, and hair clipped off end of tail.
SHEEP - A single red stripe, 30 cm long and 2 cm wide, painted with adhesive composition, or in such manner that it will remain legible for the entire length of the journey, down the centre of the sheep's back.
PIGS - A single red stripe, 30 cm long and 2 cm wide, painted with adhesive composition, or in such manner that it will remain legible for the entire length of the journey, down the centre of the pig's back.
2.
Where no time period is specified for the completion of this licence, it shall be completed within 5 days or such shorter period as may be specified by an inspector.
3.
Where no time limit is specified for the slaughter of the animals, they shall be slaughtered within 24 hours of arrival at the slaughterhouse or such shorter period as may be specified by an inspector.
4.
The animals to which this licence relates shall-
(a) while being moved, be kept separate from any animal not being moved under this licence;
(b) be moved by the most direct route available (unless a specified route has been inserted overleaf) to the place of destination specified in the licence only. The route taken and the place of destination chosen must not be such as to require a scheduled stop; and
(c) be accompanied throughout their movement by this licence which shall be handed to the operator of the premises to which they are delivered (or the representative of that operator) before the animals are unloaded.
5.
The Declaration in Part II of this licence shall be completed on the day the animals are moved but before the animals leave the premises.
6.
Where an animal is moved to a slaughterhouse under the authority of a licence granted by an inspector, it shall be slaughtered there in accordance with any condition relating to slaughter specified in this licence.
7.
The vehicle transporting the animals to the slaughterhouse or collecting centre shall be thoroughly cleansed and disinfected before leaving those premises in accordance with the requirements of Schedule 2 to the Foot-and-Mouth Disease Declaratory (Controlled Area) (Scotland) (No. 3) Order 2001 (S.S.I. 2001/ ), which Order varies the provisions of Part IV of the Foot-and-Mouth Disease Order 1983 (S.I. 1983/1950).
NOTES:
Any person involved in the movement or slaughter of animals under Part IV of the Foot-and-Mouth Disease Order 1983 as varied by the Foot-and-Mouth Declaratory (Controlled Area) (Scotland) (No. 3) Order, must comply with any provisions of the following legislation applicable to them:
The Cattle Identification Regulations 1998 (as amended)
The Cattle (Identification of Older Animals) (Scotland) Regulations 2001
The Pigs Records, Identification and Movement Order 1995
The Sheep and Goats Identification (Scotland) Regulations 2000.
This licence shall be produced on demand to an inspector or other officer of the Scottish Ministers or local authority or to a constable, who may take a copy thereof or an extract therefrom, and may also require the person in charge of the animals to which this licence relates to furnish the name and address of that person.
THIS LICENCE IS VALID FOR A PERIOD OF 5 DAYS FROM THE DATE OF ISSUE (OR SUCH SHORTER PERIOD AS MAY BE SPECIFIED BY AN INSPECTOR). HOWEVER, IT CANNOT BE USED UNTIL THE OWNER/ KEEPER DECLARATION HAS BEEN SIGNED AND THE MOVEMENT MUST BE COMPLETED ON THE DAY THE DECLARATION IS SIGNED
FAILURE TO COMPLY WITH ANY OF THESE PROVISIONS MAY RENDER A PERSON LIABLE TO PROSECUTION AND HEAVY PENALTIES ON CONVICTION.
PART II
OWNER/ KEEPER DECLARATION
(This Part must be completed by the owner or keeper of the animals on the day they are to be moved but before they leave the premises on which they are kept)
declare that
1.
I have inspected the animals to be moved and am satisfied that they are not displaying any symptoms of Foot-and-Mouth Disease.
2.
To the best of my knowledge, there are no animals with Foot-and-Mouth Disease or that I suspect might have that disease, on the premises on which the animals to be moved under this licence are kept.
3.
4.
(*Owner/*keeper) (*delete as appropriate).
SCHEDULE 2Article 4(6)
CLEANSING AND DISINFECTION OF MEANS OF TRANSPORT
Level of cleansing and disinfection
1.
All cleansing and disinfection shall be carried out so as to reduce so far as reasonably practicable the risk of transmission of disease.
Parts of the means of transport required to be cleansed
2.
- (1) In the case of animals not transported in a container-
(a) whether or not they are soiled, all the inside surfaces of those parts of the means of transport in which the animals are transported, and all parts of the means of transport to which the animals may have had access during the journey, shall be cleansed; and
(b) the following shall be cleansed if they are soiled:-
(i) any detachable fittings not used during the journey;
(ii) any other part of the means of transport;
(iii) any equipment carried during the journey for use with the animals.
(2) In the case of animals transported in a container, the interior of the container shall be cleansed whether or not it is soiled, and the exterior of the container and any parts of the means of transport carrying the container shall be cleansed if they are soiled.
Method of cleansing
3.
Cleansing shall be by removing any feedingstuffs to which the animals have had access, bedding, excreta and other material of animal origin, mud and other contaminants using any appropriate means, and then cleaning with water, steam or where appropriate chemicals or chemical compounds (or, if necessary, any combination of these) until free of dirt.
Disinfection after cleansing
4.
Everything required to be cleansed under this Order shall be disinfected after cleansing has been completed, using a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 1978[7] and listed as being suitable for the control of Foot-and-Mouth Disease-
(a) at the concentration required under that Order for "General Orders"; or
(b) where no concentration is specified for "General Orders", at the concentration required for "Foot-and-Mouth Disease Orders".
EXPLANATORY NOTE
(This note is not part of the Order)
This Order imposes in relation to Scotland, the restrictions contained in Part IV of the Foot-and-Mouth Disease Order 1983 (S.I. 1983/1950), subject to certain disapplications and variations.
This Order also makes consequential revocations to two earlier orders.
[1]
S.I. 1983/1950, as amended by S.I. 1993/3119, 1995/2922 and, as regards Scotland, by S.S.I. 2001/52, 55 and 101. See article 3(1) for the definition of "the Minister". The functions of "the Minister", so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).back
[2]
S.I. 1997/2964 as amended, as regards Scotland, by S.S.I. 2000/344 and 2001/4.back
[3]
S.I. 1997/2965 as amended by S.I. 1997/3062, S.I. 1998/2045 (itself amended by S.I. 1998/2431), S.I. 1999/539, and, as regards Scotland only, by S.S.I. 2000/62, 345, 2001/3 and 86.back
[4]
S.I. 1999/646.back
[5]
S.S.I. 2001/66.back
[6]
S.S.I. 2001/90.back
[7]
S.I. 1978/32 as amended by S.I. 1999/919 and as further amended in relation to Scotland only by S.S.I. 2001/45 and S.S.I. 2000/51back
ISBN
0-11-059655-2
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