Office of Public Sector Information

PART 5 Slaughter and compensation

Notification of intended slaughter of bovine animals

17.—(1) Where the Scottish Ministers intend to cause a bovine animal to be slaughtered under section 32 of the Act in its application to tuberculosis, a veterinary inspector may serve a notice on the keeper of the animal informing that person of the intended slaughter and requiring that person to detain the animal pending such slaughter (or pending its surrender and removal for such slaughter) on such part of the premises as is specified in the notice and to isolate it as far as reasonably practicable from such other animals as are so specified.

(2) The person on whom such a notice has been served–

(a) shall comply with the notice; and

(b) shall not move the animal, or cause or permit it to be moved, off that part of the premises on which it is required to be detained, except under the authority of a licence issued by a veterinary inspector.

Compensation

18.—(1) Where the Scottish Ministers cause a bovine animal to be slaughtered under section 32 of the Act in its application to tuberculosis, they shall pay compensation in accordance with this article and article 19.

(2) The compensation payable shall be the market value of the animal.

Ascertainment of market value

19.—(1) Notwithstanding the provisions of article 4 of the Diseases of Animals (Ascertainment of Compensation) Order 1959(8) the market value of a bovine animal shall, for the purposes of payment of compensation under this Order, be determined–

(a) by agreement between the Scottish Ministers and the owner of the animal;

(b) by agreement between two valuers, one appointed by the Scottish Ministers and the other by the owner;

(c) by one valuer, appointed jointly by the Scottish Ministers and the owner; or

(d) failing agreement or appointment, by a valuer nominated by the President of the Institute of Auctioneers and Appraisers in Scotland.

(2) The valuer or valuers shall give to the Scottish Ministers and the owner of the animal, a certificate in writing of the value of the animal.

(3) Any valuer appointed or nominated under paragraph (1) shall be paid by the Scottish Ministers.

(4) Only individuals acting alone may be appointed or nominated for the purposes of this article.

PART 6 Administration and enforcement

Notices, licences etc

20.—(1) Any notice, licence or approval issued or given under this Order–

(a) shall be in writing;

(b) may be made subject to conditions; and

(c) may be amended, suspended or revoked in writing at any time.

(2) Where a bovine animal is moved under the authority of a licence issued under this Order–

(a) the animal shall be accompanied throughout such movement by the licence; and

(b) the person in charge of the animal being moved shall, on demand made under this Order by a veterinary inspector–

(i) provide that person’s name and address;

(ii) produce the licence; and

(iii) allow a copy of the licence to be taken.

Facilitating examination etc

21.  The keeper of any bovine animal shall comply with all reasonable requirements of an inspector with a view to facilitating–

(a) the examination of that animal by a veterinary inspector;

(b) the application to the animal of any diagnostic test for tuberculosis; or

(c) the valuation of the animal when the Scottish Ministers intend to cause it to be slaughtered under section 32 of the Act in its application to tuberculosis,

and in particular shall arrange, if so required, for the collection, penning and securing of any such animal and the movement of the animal to and from any premises specified by the inspector for the purposes of facilitating such examination, testing or valuation.

Default

22.—(1) If any person fails to comply with any reasonable requirement of an inspector made in accordance with article 21, the Scottish Ministers may, without prejudice to any proceedings for an offence arising out of such default–

(a) take or cause to be taken all such steps as may be necessary to facilitate the examination and valuation of the animal or the application to it of any diagnostic test for tuberculosis, including, subject to paragraph (2), the movement of the animal to other premises; and

(b) prohibit the movement of bovine animals on to or off the premises, except under the authority of a licence issued by an inspector.

(2) Where a bovine animal has been moved to other premises in accordance with sub-paragraph (1)(a), the Scottish Ministers shall ensure the return of the animal to the premises from which it was moved within a reasonable time after the examination, valuation or test has been carried out.

(3) Any expenses reasonably incurred by the Scottish Ministers for the purposes of making good any default shall be recoverable from the person in default.

Marking of bovine animals

23.—(1) If so required in writing by a veterinary inspector, the keeper of bovine animals kept on any premises shall mark such animals in the manner required by the veterinary inspector.

(2) That veterinary inspector may paint, stamp, clip, tag or otherwise mark bovine animals kept on any premises.

(3) No person shall without reasonable excuse alter, remove, obliterate, or deface any mark or identification applied in accordance with paragraphs (1) and (2).

Prohibition on movement of bovine animals

24.  A veterinary inspector may by notice in writing served on the keeper of bovine animals kept on such premises as are specified in the notice, prohibit the movement of bovine animals on to or off such premises or any part of such premises, except under the authority of a licence issued by an inspector.

Prohibition on removal of manure, slurry etc.

25.  Where a notice has been served under the provisions of article 24, no manure, slurry or other animal waste shall be removed from such premises except under the authority of a licence issued by an inspector.

Prohibition on testing, vaccination and therapeutic treatment

26.  No person shall–

(a) test a bovine animal with tuberculin;

(b) vaccinate a bovine animal against tuberculosis; or

(c) treat a bovine animal for tuberculosis,

without the written consent of the Scottish Ministers.

Isolation of M. bovis in a laboratory

27.—(1) Subject to paragraph (2), where the presence of the organism M. bovis is identified by a laboratory examination of a sample taken from any kind of mammal except man or from the carcase, products or surroundings of any such mammal, the person in charge of that laboratory shall immediately notify a laboratory approved by the Scottish Ministers to carry out further investigations.

(2) The duty to notify set out in paragraph (1) shall not apply where M. bovis is present in the sample as a result of its deliberate introduction as part of research involving the use of that organism.

Enforcement by local authority

28.—(1) Subject to paragraph (2), this Order shall be enforced by the local authority.

(2) The Scottish Ministers may direct in any particular case or class of case that they will enforce the Order instead.

Offences by bodies corporate

29.—(1) Where a body corporate is guilty of an offence under the Act by virtue of this Order and that offence is shown to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of–

(a) any director, manager, secretary or other similar officer of the body corporate; or

(b) any person who was purporting to act in any such capacity,

that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, the provisions of paragraph (1) shall apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

(3) For the purposes of paragraph (1), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate and “body corporate” includes a partnership in Scotland, and, in relation to such a partnership, a reference to a director or other officer of a body corporate is a reference to a partner.

Revocations

30.  The instruments specified in the first column of the Schedule are revoked to the extent specified in the corresponding entry in the third column, subject to any savings provision in article 31.

Savings

31.  The provisions of the Brucellosis and Tuberculosis Compensation (Scotland) Order 1978(9) shall continue to apply to any bovine animal for which compensation is determined before 6th April 2007 in accordance with article 3 of that Order.