Office of Public Sector Information

PART 1 Introductory provisions

Citation, commencement and extent

1.—(1) This Order may be cited as the Tuberculosis (Scotland) Order 2007 and shall come into force on 6th April 2007.

(2) This Order extends to Scotland only.

Interpretation

2.—(1) In this Order, unless the context otherwise requires–

“the Act” means the Animal Health Act 1981;

“affected animal” means a bovine animal which is affected with tuberculosis of the udder or is giving tuberculous milk or is affected with tuberculous emaciation or is excreting or discharging tuberculous material or is affected with a chronic cough or shows any other clinical signs of tuberculosis, and includes a reactor;

“approved disinfectant” means a disinfectant listed in the Diseases of Animals (Approved Disinfectants) Order 1978(2) 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;

“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;

“high incidence area” means an area in Great Britain where bovine animals are required to be subject to routine tuberculin testing on a yearly or two yearly basis in accordance with the requirements of Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine(3);

“market value” means–

“milk” includes cream and separated or skimmed milk;

“premises” includes land, with or without buildings;

“reactor” means a bovine animal that produces a reaction consistent with its being affected with tuberculosis when tested for that disease;

“suspected animal” means a bovine animal that is suspected of being affected with tuberculosis;

“tuberculosis” means infection with Mycobacterium bovis (M.bovis); and

“veterinary surgeon” means a veterinary surgeon or veterinary practitioner registered under the Veterinary Surgeons Act 1966(5).

(2) A reference in this Order to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in section 15(1) of the Electronic Communications Act 2000(6) which has been recorded and is consequently capable of being reproduced.

Extension of definition of “disease” and power to slaughter on account of tuberculosis

3.  For the purposes of the Act, the definition of “disease” in section 88(1) of the Act is hereby extended to include tuberculosis and section 32 of the Act (power to slaughter animals) shall apply to that disease.

PART 2 Notification

Notification of disease in bovine animals

4.—(1) A person who has possession of or is in charge of an affected animal (other than a reactor) or a suspected animal shall immediately–

(a) notify the Divisional Veterinary Manager of that fact;

(b) pending conclusion of the veterinary inquiry under article 6 and the service of any notice under that article–

(i) detain the animal on the premises where it then is;

(ii) isolate the animal as far as reasonably practicable from other bovine animals; and

(iii) adopt precautions with respect to milk produced by the animal as if a notice under article 6 had already been served.

(2) A veterinary surgeon who examines an affected animal (other than a reactor) or a suspected animal in the course of practice as a veterinary surgeon shall immediately notify the Divisional Veterinary Manager of that fact.

Notification of disease in carcases

5.—(1) A person who–

(a) has possession of or is in charge of a carcase which is affected with or suspected of being affected with tuberculosis;

(b) in the course of that person’s practice as a veterinary surgeon, examines such a carcase; or

(c) in the course of carrying out duties under the Food Hygiene (Scotland) Regulations 2006(7) or when inspecting meat for any other purpose, inspects such a carcase,

shall immediately give notice of that fact to the Divisional Veterinary Manager.

(2) A person who has possession of or is in charge of a carcase to which paragraph (1) 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.

(3) In this article “carcase” means the carcase of a bovine animal or other farmed or pet mammal.

Veterinary inquiry

6.—(1) Where on receipt of information provided under articles 4 or 5 or otherwise, a veterinary inspector has reason to believe that there is on any premises an affected animal (other than a reactor), a suspected animal or a carcase which is affected with or suspected of being affected with tuberculosis, the inspector shall, as soon as reasonably practicable, take such steps as may be necessary to establish whether the animal or carcase is affected or suspected of being affected with tuberculosis.

(2) A veterinary inspector who has examined a bovine animal and is of the opinion that it is an affected animal or a suspected animal shall serve a notice on the keeper of the animal requiring that person to–

(a) detain the animal on the premises where it then is in accordance with the requirements of the notice and keep it isolated from other bovine animals;

(b) where appropriate take steps to ensure that milk produced by the animal is not mixed with other milk and is boiled or otherwise sterilised and that any utensil with which the animal’s milk has been in contact before being sterilised shall be 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.

(3) A notice served under this article shall remain in force until–

(a) the animal to which it relates has died; or

(b) the notice is withdrawn by a further notice in writing served by a veterinary inspector.