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PART 3 Testing of bovine animals

Meaning of premises

7.  For the purposes of articles 8 and 9, premises does not include any assembly centre, collection centre, agricultural show, market or slaughterhouse.

Pre movement testing

8.—(1) The keeper of any bovine animal on any premises in a high incidence area in Scotland shall not allow that animal to be moved from the premises unless a diagnostic test for tuberculosis has been applied to it no more than 60 days before the date of its movement from the premises.

(2) The occupier of any premises in Scotland shall not allow to enter those premises any bovine animal from premises in a high incidence area unless that animal has had applied to it a diagnostic test for tuberculosis no more than 60 days before the date of its movement from the premises.

(3) Where a bovine animal on any premises in Scotland which has been moved from any premises in a high incidence area has not had applied to it a diagnostic test for tuberculosis no more than 60 days before the date of its movement from the premises in the high incidence area, the keeper of the animal shall–

(a) ensure that test is applied to the animal as soon as reasonably practicable after it is known to that person that a test was not applied before the animal was moved from the high incidence area; and

(b) where the result of the test carried out under paragraph (a) is read by and to the satisfaction of a veterinary inspector, ensure that a second test is applied to the animal no fewer than 60 days and no more than 120 days from the date of application of the first test.

(4) This article shall not apply to any bovine animal under 42 days of age at the time it is moved from any premises in a high incidence area.

Post movement testing

9.  Any bovine animal on any premises in Scotland which has been moved from premises in a high incidence area shall have a diagnostic test for tuberculosis applied to it no fewer than 60 days and no more than 120 days after the date on which it first arrives at premises in Scotland.

Application of test

10.—(1) Subject to paragraph (2), the keeper of any bovine animal to which a test must be applied in accordance with article 8(1) or (3) or article 9 shall arrange for a veterinary inspector to apply the test and shall meet the expense of its application.

(2) Paragraph (1) shall not apply where any bovine animal has had applied to it within the relevant periods a diagnostic test for tuberculosis for purposes other than those of articles 8 and 9.

Restriction on movement after application of test

11.  Where a diagnostic test for tuberculosis has been applied to a bovine animal by a veterinary inspector, no person shall move that animal from the premises on which it is kept unless–

(a) the movement is under the authority of a licence issued by a veterinary inspector; or

(b) the results of the diagnostic test for tuberculosis have been read by a veterinary inspector who is satisfied that the result is negative.

Reporting test results

12.  Any person who has tested a bovine animal with tuberculin shall report the result of that test, as soon as reasonably practicable, to the Scottish Ministers.

Obstruction

13.  No person shall interfere with or obstruct the application of or the reading of a diagnostic test for tuberculosis applied under this Order.

PART 4 Prevention of spread of infection

Precautions against spread of infection

14.—(1) Where the Scottish Ministers are satisfied that any bovine animal kept on any premises is an affected animal a veterinary inspector may, by notice in writing served on the keeper of any such animal, require that person–

(a) to take such steps as may be reasonably practicable to prevent any bovine animal kept on the premises from infecting any bovine animal kept on any adjoining premises;

(b) to arrange for the isolation of any bovine animal which may be specified in the notice on any part of the premises so specified;

(c) to ensure that any part of the premises specified in the notice shall not be used by any bovine animal on the premises, or by such animal as may be so specified;

(d) at that person’s expense and within such time and in such manner as may be specified in the notice, to cleanse and disinfect with an approved disinfectant such part or parts of the premises as may be so specified;

(e) not to treat and store manure or slurry from any place which has been used by any such animal otherwise than in accordance with the requirements of the notice;

(f) not to spread any manure or to spray or spread any slurry from any place which has been used by any such animal otherwise than in accordance with the requirements of the notice; and

(g) to cleanse and wash all utensils and other articles used for or about an animal to which the notice relates within such time and in such manner as may be specified in the notice.

(2) Where a veterinary inspector reasonably believes that any bovine animal which is on, or which has been on any premises that are used for any show, exhibition, market, sale or fair, is an affected animal or has been exposed to the infection of tuberculosis, such veterinary inspector may, by notice in writing served on the occupier of such premises, require the occupier–

(a) to ensure that any part or parts of the premises specified in the notice shall not be used by any other bovine animal for such period as may be specified in the notice; and

(b) at the occupier’s own expense, and within such time and in such manner as may be specified in the notice–

(i) to cleanse and disinfect with an approved disinfectant such part or parts of the premises as may be specified in the notice; and

(ii) to dispose of any manure, slurry or other animal waste, straw, litter or other matter that has or might have come into contact with such animal.

(3) If any person on whom a notice is served under this article fails to comply with the requirements of the notice, the Scottish Ministers may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and any expenses reasonably incurred by them for the purpose of making good the default shall be recoverable from the person in default.

Suspected bovine animals in shows, exhibitions etc

15.—(1) Where a veterinary inspector reasonably believes that a bovine animal on any premises at which a show, exhibition, market, sale or fair is being held, is affected with or has been exposed to the infection of tuberculosis, the inspector may, by notice in writing served on the keeper of the animal, require that animal to be removed from those premises, and, as the keeper of the animal may elect, taken either–

(a) to a slaughterhouse for immediate slaughter; or

(b) back to the premises from which the animal was brought to the show, exhibition, market, sale or fair; or

(c) to such other premises as may be approved by the inspector for the purpose.

(2) A bovine animal shall only be moved in accordance with the provisions of paragraphs (1)(b) or (c) on condition that it is immediately put into isolation for a period to be terminated by a notice in writing served on the keeper of the animal by a veterinary inspector.

Control of infection from other animals

16.—(1) Where a veterinary inspector reasonably believes that an animal kept on any premises is or may be affected with tuberculosis that inspector may by notice in writing served on the occupier of the premises–

(a) require the occupier to keep the animal under control in such manner as may be specified in the notice or to confine it to such part of the premises as may be specified; or

(b) prohibit the movement of any animal on to or off the premises or any part of such premises except under the authority of a licence issued by an inspector.

(2) In this article, “animal” means any kind of mammal except man.