Tuberculosis (Scotland) Order 1984
| Jurisdiction | UK Non-devolved |
| Citation | SI 2063/1984 |
| Year | 1984 |
1984 No. 2063 (S. 163)
ANIMALS
ANIMAL HEALTH
The Tuberculosis (Scotland) Order 198419thDecember 1984
25thJanuary 1985
15thFebruary 1985
In exercise of the powers conferred by sections 1, 7(1), 8(1), 10(1) and (2), 15(4), 25, 32(2), 72, 83(2), 87(2) and 88(2) as read with section 86(1) of the Animal Health Act 1981(a) , and of all other powers enabling me in that behalf, I hereby make the following order:—
Title extent and commencement
1. This order which may be cited as the Tuberculosis (Scotland) Order 1984 shall apply to Scotland only and shall come into operation on 15th February 1985.
Interpretation
2.—(1) In this order, unless the context otherwise requires—
"the Act" means the Animal Health Act 1981;
"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 and includes a reactor;
"appropriate officer" means a veterinary inspector, an officer of the Secretary of State, or an officer of the Minister;
"approved disinfectant" means a disinfectant listed in the Diseases of Animals (Approved Disinfectants) Order 1978(b) as being approved for the time being for use against tuberculosis;
"bovine animal" means a bull, cow, steer, heifer or calf;
"carcase" means the carcase of a bovine animal, and includes part of a carcase and the meat, bones, hide, skin, hooves, offal or other part of a bovine animal, separately or otherwise, or any portion thereof;
"cow" includes a heifer that has calved;
"Divisional Veterinary Officer" means the veterinary inspector appointed by the Minister 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;
"milk" includes cream and separated or skimmed milk;
(a) 1981 c.22.
(b) S.I. 1978/32; relevant amending instruments are S.I. 1984/55, 1338.
"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 unless expressly so provided does not include any part or parts of any premises used for the temporary detention of animals, as a market, sale-yard, fairground, slaughterhouse, lair or place of exhibition;
"reactor" means a bovine animal which gives rise to a reaction consistent with it being affected with tuberculosis when tested for that disease;
"slaughterhouse" means a slaughterhouse or knacker's yard as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980(a) ;
"suspected animal" means an animal suspected of being an affected animal;
"veterinary surgeon" means a person registered in the register of veterinary surgeons or the supplementary veterinary register.
(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 Schedule 1 to this order, or in forms substantially to the like effect.
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 so as to include tuberculosis, and section 32 of the Act (power to slaughter animals) shall apply to that disease.
Application of the order
4. The provisions of this order shall not apply in relation to approved premises, within the meaning of the Importation of Animals Order 1977(b), and shall apply in relation to imported animals only—
(a) from the time specified in the licence issued in respect of those animals under article 11(5) of that order; or
(b) where the existence or suspected existence of disease in any part of Great Britain makes it expedient that such licence should be issued for the time being, from the time when those animals have completed the period of detention in quarantine required under the provisions of that order or, as the case may be, have been rested at an approved reception centre for the period so required.
Notification of disease in bovine animals
5.—(1) A person who has in his possession or under his charge on any premises a suspected or affected animal other than a reactor, and a veterinary surgeon who, in the course of his practice, examines any such animal shall, with all practicable speed, give notice of the fact to a constable of the police force for the area in which the animal is or to an inspector of the local authority or to the Divisional Veterinary Officer.
(2) Where notice under paragraph (1) above is given to a constable or to an inspector of the local authority, he shall immediately transmit the information contained therein by the most expeditious means to the Divisional Veterinary Officer.
(a) 1980 c.13.
(b) S.I. 1977/944.
(3) A person who has in his possession or under his charge a suspected or affected animal other than a reactor 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 with respect to milk produced by the affected or suspected animal as if a notice in Form A had already been served upon him under article 7 below in respect of that animal.
Notification of disease in carcases
6.—(1) A person who has in his possession or under his charge on any premises a carcase which is affected with or suspected of being affected with tuberculosis, and—
(a) a veterinary surgeon who, in the course of his practice, examines any such carcase, and
(b) a person who in the course of his duties under the Food (Meat Inspection) (Scotland) Regulations 1961(a), or whilst inspecting meat for any other purpose, inspects any such carcase,
shall with all practicable speed give notice of the fact to the Divisional Veterinary Officer.
(2) A person who has in his possession or under his charge a carcase to which paragraph (1) above 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.
Veterinary enquiry as to the existence of disease
7.—(1) Where by reason of information received, whether under article 5 or article 6 above or otherwise, there is reason to believe that there is on any premises a suspected or affected animal other than a reactor or a carcase which is affected with or suspected of being affected with tuberculosis, a veterinary inspector shall, with all practicable speed, take such steps as may be necessary to establish the correctness of that information. For the purpose of carrying out his duties under the...
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