Tuberculosis (Scotland) Order 1964
| Jurisdiction | UK Non-devolved |
| Citation | SI 1964/1109 |
| Year | 1964 |
1964 No. 1109 (S. 74)
ANIMALS
DISEASES OF ANIMALS
The Tuberculosis (Scotland) Order 196414thJuly 1964
24thJuly 1964
1stAugust 1964
The Secretary of State and the Minister of Agriculture, Fisheries and Food, acting jointly, in exercise of the power conferred on them by section 85(1) of the Diseases of Animals Act 1950(a) and of all other powers them enabling, as respects the revocation of the Orders mentioned in Article 2 of the following Order, and (save for such revocation) the Secretary of State in exercise of the powers conferred on him by sections 1, 8(3), 17(2), 20, 24(1), 28(2), 33(1), 77(3) and 84(3)(a) of the said Act, and of all other powers him enabling, hereby respectively make the following Order:—
Citation, revocation and interpretation
1. This Order may be cited as the Tuberculosis (Scotland) Order 1964 and shall come into operation on 1st August 1964.
2. The Tuberculosis Order of 1938, as amended(b) (save Articles 6 and 7 thereof), the Tuberculosis (Area Eradication) Order 1950(c), as amended(d), and the Tuberculosis (Slaughter of Reactors) Order 1950(e), as amended(f), in their application to Scotland, are hereby revoked.
3.—(1) In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—
"the Act" means the Diseases of Animals Act 1950;
"affected animal" means a cow which is affected with tuberculosis of the udder or is giving tuberculous milk, or a bovine animal which is affected with tuberculous emaciation, or is excreting or discharging tuberculous material, or is affected with a chronic cough and shows clinical signs of tuberculosis;
"approved disinfectant" means a 5 per cent solution of standard phenol or a disinfectant otherwise approved for the time being for the purposes of the Diseases of Animals (Disinfection) Order of 1936(g);
"bovine animal" means a bull, cow, steer, heifer or calf;
"cow" includes a heifer that has calved or is in milk;
"the divisional veterinary inspector" means the veterinary inspector appointed for the time being by the Minister to receive information
(a) 14 Geo. 6. c. 36.
(b) S.R. & O. 1938/165, 1946/122 (Rev. II, p. 658.: 1938 I, p. 293; 1946 I, p. 39).
(c) S.I. 1950/2006 (1950 I, p. 173).
(d) S.I. 1954/762, 1955/1449, 1960/87 (1954 I, p. 148; 1955 I, p. 214; 1960 I, p. 307).
(e) S.I. 1950/2007 (1950 I, p. 188).
(f) S.I. 1959/1461 (1959 I, p. 243).
(g) S.R. & O 1938/191 (Rev. II, p. 320: 1938 I, p. 303).
about animals affected or suspected of being affected with specified diseases from time to time specified by the Minister for the area in which the animal is;
"licence" means a licence issued under this Order by a veterinary inspector or other officer of the Ministry or an officer of the Secretary of State;
"milk" includes cream and separated or skimmed milk;
"the Minister" and "the Ministry" mean respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
"premises" includes land with or without buildings, but does not include any market, sale yard, fairground, lair, or place of exhibition;
"veterinary inspector" means a veterinary inspector appointed by the Minister.
(2) References in this Order to notices served in Form A or Form B shall be construed as references to notices served in the forms respectively so headed in the schedule to this Order, or in forms substantially to the like effect.
(3) The Interpretation Act 1889(a) shall apply for the interpretation of this Order as it applies for the interpretation of an Act of Parliament, and as if this Order and the Orders hereby revoked were Acts of Parliament.
(4) Without prejudice to the last foregoing paragraph any notice, consent, licence, requirement or other thing whatsoever which was served, given, issued, granted, imposed or done under any order revoked by this Order shall, if in force immediately before the commencement of this Order continue in force and have effect as if served, given, issued, granted, imposed or done under the corresponding provision of this Order; and any document referring to any order revoked by this Order shall be construed as referring to this Order or to the corresponding provision thereof.
Extent and scope
4. This Order applies to Scotland and the following provisions of it shall have effect for the purpose of preventing the introduction and spread of tuberculosis of cattle and of eradicating such tuberculosis.
Notice of disease
5.—(1) Every person having in his possession or under his charge on any premises—
(a) any cow which is or appears to be—
(i) an affected animal, or
(ii) affected with an indurated udder or other chronic disease of the udder; or
(b) any other bovine animal which is or appears to be an affected animal,
and every veterinary surgeon or veterinary practitioner who in his private practice examines any bovine animal, and is of opinion or suspects that the animal is an affected animal shall with all practicable speed give notice of the fact to a constable of the police force for the area wherein the animal is or to a veterinary inspector.
(2) The person in possession or having charge of the animal shall forthwith detain it on the premises where it then is and isolate it as far as practicable from other bovine animals, and shall adopt precautions
(a) 52 & 53 Vict. c. 63.
with respect to milk as if a notice in Form A had already been served upon him under Article 6 of this Order.
(3) The constable receiving any notice under this Article shall forthwith give information of the receipt of such notice to the divisional veterinary inspector and to an inspector of the local authority.
Detention and isolation of animals and precautions to be adopted with respect to milk and prohibition of movement
6.—(1) An inspector of a local authority on receiving information in any manner whatsoever that there is on any premises a bovine animal which is or is suspected to be an affected animal shall proceed with all practicable speed to the place where such animal is, and shall forthwith serve a notice in Form A on the owner or person in charge of the animal. The inspector shall with all practicable speed send a copy of the notice to the divisional veterinary inspector and to the local authority.
(2) A veterinary inspector may serve a notice in Form A on the owner or person in charge of any bovine animal examined by him which in his opinion is or may be an affected animal.
(3) A notice (Form A) served under this Article...
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