PART 1 Preliminary

Citation, commencement and extent

1.—(1) This Order may be cited as the Bluetongue (Scotland) Order 2008 and comes into force on 11th February 2008.

(2) This Order extends to Scotland only.

Interpretation

2.—(1) In this Order–

“animal” means a ruminating animal, other than a wild animal, and “carcase”, “embryo”, “ovum” and “semen” mean the carcase, embryo, ovum and semen of such an animal;

“Commission Regulation” means Commission Regulation (EC) No. 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue, as amended from time to time (3);

“confirmation of bluetongue” means a declaration by the Scottish Ministers, based on laboratory results, that the bluetongue virus is circulating in a specific area or, in the event of an epidemic, confirmation by the Scottish Ministers of the presence of bluetongue based upon either or both of clinical or epidemiological results;

“Divisional Veterinary Manager” means the veterinary inspector authorised by the Scottish Ministers to receive information about animals or carcases infected or suspected of being infected with bluetongue, for the area in which such animals or carcases are situated;

“free area” means an area not subject to bluetongue restrictions under this Order;

“midge” means an insect of the genus Culicoides;

“premises” includes any place;

“Restricted zone” means a zone consisting of both protection and surveillance zones established pursuant to Article 8(1) of Council Directive 2000/75/EC; and

“veterinary inspector”, except as provided for in article 21, includes an inspector acting under the instruction of a veterinary inspector.

(2) Any authorisation, notice, designation or direction under this Order must be in writing, may be subject to conditions, and may unless specified otherwise be amended, suspended or revoked, by notice in writing at any time.

(3) Declarations of zones under this Order–

(a) must be in writing;

(b) must designate the extent of the zone being declared;

(c) may be subject to conditions; and

(d) may unless specified otherwise be amended, suspended or revoked, at any time, by way of further declaration.

Licences

3.—(1) Licences granted under this Order–

(a) may (unless specified otherwise) be general or specific;

(b) must be in writing;

(c) may be subject to conditions; and

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

(2) Any person moving anything under the authority of a general or specific licence granted under this Order must–

(a) keep upon them the licence or a copy of it at all times during such movement;

(b) on demand by a veterinary inspector or other officer of the Scottish Ministers, produce the licence or a copy of it and allow a copy or extract to be taken.

(3) Any person moving anything under the authority of a general licence granted under this Order must–

(a) carry, at all times during that movement, a consignment note containing details of–

(i) what is being transported, including the quantity;

(ii) the date of the movement;

(iii) the name of the consignor;

(iv) the address of the premises from which the movement started;

(v) the name of the consignee; and

(vi) the address of the premises of destination; and

(b) on demand by a veterinary inspector or other officer of the Scottish Ministers, produce the consignment note and allow a copy or extract to be taken.

Licences granted outside Scotland

4.—(1) Except as otherwise directed by the Scottish Ministers, licences granted in England or Wales for activities which could be licensed in Scotland under this Order have effect in Scotland as if they were licences granted under this Order.

(2) Except as otherwise directed by the Scottish Ministers, premises in England or Wales designated respectively by the Secretary of State or the National Assembly for Wales for the same purposes as they may be designated under this Order are deemed to be designated by the Scottish Ministers for the purposes of this Order.

Extension of definition of “disease”

5.  The definition of “disease” in section 88(1) of the Animal Health Act 1981 is extended to include bluetongue for all the purposes of that Act.

Exemptions

6.  This Order does not apply to–

(a) bluetongue virus possessed under a licence issued under the Specified Animal Pathogens Order 1998(4); or

(b) quarantine centres or quarantine facilities approved under the Animals and Animal Products (Import and Export) (Scotland) Regulations 2007(5).

Competent authority

7.  The Scottish Ministers are the competent authority for the purposes of the Commission Regulation.

Reporting requirement under bluetongue surveillance programmes

8.  It is an offence against the Animal Health Act 1981 for the owner or keeper of an animal, or a veterinarian, not to report promptly any suspicion of bluetongue in accordance with the first indent of point 2(1) of Annex 1 to the Commission Regulation.

PART 2 Suspicion of, and infection with, bluetongue

Notifications and initial requirements where bluetongue is suspected

9.—(1) The owner or keeper of any animal or carcase, or any person who examines or inspects any animal or carcase, who suspects that the animal or carcase is infected with bluetongue, must–

(a) immediately notify the Divisional Veterinary Manager;

(b) not move any animal or carcase off the premises where that animal or carcase is located; and

(c) where there are means available for doing so, ensure that any animals located on those premises are confined indoors during any period of midge activity.

(2) Any person who analyses a sample taken from any animal or carcase and who finds evidence of antibodies to, or antigens or nucleic acids of, the bluetongue virus or any evidence of vaccination for bluetongue, must immediately notify the Divisional Veterinary Manager.

Suspect and contact premises

10.—(1) Where suspicion of bluetongue has been notified in respect of any animal or carcase, a veterinary inspector must serve a notice (‘a suspect case notice’) on either the occupier of, or keeper of any animal on, those premises (‘the suspect premises’), or both, requiring that–

(a) no animal enters or leaves the premises;

(b) an inventory of all animals on the premises is made, recording, for each species–

(i) the number dead;

(ii) the number alive; and

(iii) the number of those alive which are infected or likely to be infected with bluetongue;

(c) the inventory is kept up to date to take account of animals which are born or die, including details of the dates of birth and death of such animals;

(d) all animals on the premises are confined indoors except as directed by a veterinary inspector; and

(e) the premises and animals on them are subject to the midge control measures specified in the notice.

(2) The person making the inventory must also keep a record of it for at least two years from the date of the last entry.

(3) A veterinary inspector may serve a suspect case notice on the occupier of, or keeper of any animal at other premises (‘the contact premises’), or both, in the event that the location of those premises, their geographical situation or contacts with the suspect premises provides grounds for suspecting the possibility of contamination with bluetongue at the contact premises.

(4) A notice under paragraph (1) or (3) must not be revoked until the suspected presence of bluetongue has been ruled out by the Scottish Ministers.

Temporary control zones

11.—(1) The Scottish Ministers may declare a temporary control zone where there is reason to suspect the possibility that bluetongue is circulating in an area.

(2) When a temporary control zone has been established in England, the boundary of which extends to the border with Scotland, the Scottish Ministers may declare an associated temporary control zone in Scotland.

(3) The location and size of the temporary control zone shall be such as the Scottish Ministers consider appropriate to prevent the spread of bluetongue.

(4) The Scottish Ministers may apply such of the requirements as are referred to in article 10(1)(b) to (e) to premises within a temporary control zone as they consider appropriate.

(5) A temporary control zone ceases to exist in any area subsequently incorporated into a control zone or restricted zone.

(6) No person may move any animal, embryo, ovum or semen to or from premises in a temporary control zone except as authorised by a licence granted by the Scottish Ministers.

Notices on infection with bluetongue

12.—(1) If a veterinary inspector is satisfied that the bluetongue virus is present in any animal or at any premises (‘the infected premises’) the veterinary inspector may serve a notice, doing one or more of the following things, on the occupier of or keeper of any animals on the infected premises, or both–

(a) stating that the virus is present;

(b) suspending the requirement under article 9 to notify any further suspected cases of bluetongue on the premises to the Divisional Veterinary Manager;

(c) removing or altering a requirement imposed by article 10 or by a notice served under that article.

(2) The veterinary inspector may also serve a notice on the occupier of any laboratory analysing samples for bluetongue, suspending the requirement under article 9 to notify the Divisional Veterinary Manager of any further evidence of bluetongue, or vaccination for bluetongue, from the infected premises.