Animal Health and Welfare (Scotland) Act 2006

Part 1 — Animal health

Powers of slaughter

Slaughter for preventing spread of disease

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• (1) In the Animal Health Act 1981 (c. 22) (in this Part referred to as the “1981 Act”), after section 32D there is inserted—

(32E) Schedule 3A to this Act has effect as to slaughter in relation to— (a) cattle plague; (b) pleuro-pneumonia; (c) foot-and-mouth disease; (d) swine-fever; (e) diseases of poultry; and (f) such other diseases as are specified under paragraph 6 of that Schedule.

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• (2) After Schedule 3 to that Act there is inserted—

SCHEDULE 3A (1) With a view to preventing the spread of cattle plague, the Scottish Ministers may, if they think fit, cause any animals to be slaughtered. (2) With a view to preventing the spread of pleuro-pneumonia, the Scottish Ministers may, if they think fit, cause any cattle to be slaughtered. (3) With a view to preventing the spread of foot-and-mouth disease, the Scottish Ministers may, if they think fit, cause any animals to be slaughtered. (4) With a view to preventing the spread of swine-fever, the Scottish Ministers may, if they think fit, cause any swine to be slaughtered. (5) With a view to preventing the spread of diseases of poultry, the Scottish Ministers may, if they think fit, cause any animals or birds to be slaughtered. (6) (1) With a view to preventing the spread of such disease of animals as the Scottish Ministers may by order specify, the Scottish Ministers may, if they think fit, cause to be slaughtered any animals, birds or amphibians of such description as they may so specify. (2) A specification of animals under sub-paragraph (1) may include any kind of mammal (except man). (3) In sub-paragraph (1), “disease” is not restricted by its definition in this Act. (7) The Scottish Ministers may, in relation to a disease, exercise a power of slaughter conferred by paragraphs 1 to 6 whether or not the animals, birds or amphibians concerned— (a) are affected with the disease or suspected of being affected with the disease; (b) are or have been in contact with animals, birds or amphibians affected with the disease; (c) have been in any way exposed to the disease; or (d) have been treated with serum or vaccine (or both) against the disease. (8) (1) The Scottish Ministers must pay compensation, of such amount as they may prescribe by order, in respect of— (a) any animals slaughtered under paragraphs 1 to 5; and (b) any animals— (i) of any kind to which a power of slaughter under those paragraphs relates; and (ii) which are slaughtered by virtue of paragraph 6. (2) An order under sub-paragraph (1) may make different provision for different cases or classes of case. (3) An order under sub-paragraph (1) is subject to annulment in pursuance of a resolution of the Scottish Parliament. (9) (1) No order is made under paragraph 6 unless a draft of the order has been laid before, and approved by a resolution of, the Scottish Parliament. (2) But where the Scottish Ministers are of the opinion that there exists— (a) an outbreak of a disease of animals not specified in or by virtue of paragraphs 1 to 6; or (b) some other emergency relating to a disease of animals, sub-paragraph (1) does not apply in relation to the making of an order under paragraph 6. (3) Where sub-paragraph (2) applies, an order made accordingly (an “emergency order”)— (a) is to be laid before the Scottish Parliament; and (b) ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by a resolution of the Parliament. (4) However, paragraph (b) of sub-paragraph (3) does not apply in relation to an order which— (a) revokes (wholly or partly) an emergency order; and (b) does nothing else, or nothing else except make provision incidental or supplementary to the revocation. (5) In reckoning for the purposes of sub-paragraph (3)(b) any period of 28 days, no account is to be taken of any period during which the Scottish Parliament is— (a) dissolved; or (b) in recess for more than 4 days. (6) Sub-paragraph (3)(b) is without prejudice to anything previously done by reference to an emergency order or to the making of a new emergency order. (7) An emergency order must include a description of the emergency in relation to which the order is made. (8) In sub-paragraph (2), “disease” is not restricted by its definition in this Act.

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Slaughter of treated animals

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After section 16A of the 1981 Act there is inserted—

(16B) (1) Subsection (4) applies to any animal or bird which has been treated with serum or vaccine (or both) for the purpose of preventing the spread of— (a) cattle plague; (b) pleuro-pneumonia; (c) foot-and-mouth disease; (d) swine-fever; or (e) diseases of poultry. (2) Subsection (4) also applies to any animal or bird which has been treated with serum or vaccine (or both) for the purpose of preventing the spread of such other disease of animals as the Scottish Ministers may by order specify. (3) The references in subsections (1) and (2) to any animal which has been treated mean any kind of mammal (except man); and the power conferred by subsection (4) is exercisable accordingly. (4) The Scottish Ministers may, for the purpose of securing (or contributing to the securing of) disease-free status, cause to be slaughtered any animal or bird to which this subsection applies. (5) The Scottish Ministers must pay compensation, of such amount as they may prescribe by order, in respect of any animals— (a) slaughtered under subsection (4); and (b) of a kind to which the power of slaughter under that subsection would relate if subsection (3) were omitted. (6) An order under subsection (5) may make different provision for different cases or classes of case. (7) An order under subsection (5) is subject to annulment in pursuance of a resolution of the Scottish Parliament. (8) An order made under subsection (2)— (a) is to be laid before the Scottish Parliament; and (b) ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by a resolution of the Parliament. (9) However, paragraph (b) of subsection (8) does not apply in relation to an order which— (a) revokes (wholly or partly) a previous order; and (b) does nothing else, or nothing else except make provision incidental or supplementary to the revocation. (10) In reckoning for the purposes of subsection (8)(b) any period of 28 days, no account is to be taken of any period during which the Scottish Parliament is— (a) dissolved; or (b) in recess for more than 4 days. (11) Subsection (8)(b) is without prejudice to anything previously done by reference to an order made under subsection (2) or to the making of a new order under that subsection. (12) An order under subsection (2) must refer to the circumstances in relation to which the order is made. (13) In subsection (2), “disease” is not restricted by its definition in this Act. (14) In subsection (4), “disease-free status” means recognition in accordance with any rule of the European Community or any other international rule that in a particular area no animals or birds of a particular class are infected by a particular disease or class of disease.

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Disease control (slaughter) statement

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After section 32E (inserted by section 1 of this Act) of the 1981 Act there is inserted—

(32F) (1) Before exercising, in relation to a particular event or state of affairs (regardless of its geographical extent), a power of slaughter conferred by or under— (a) section 16B of this Act; or (b) Schedule 3A to this Act, the Scottish Ministers must make a statement under this subsection. (2) The statement— (a) must— (i) describe the event or state of affairs concerned; and (ii) express the reason why there is (in addition to, or as an alternative to, other courses of action) to be resort to exercise of that particular power for the relevant purpose; (b) may include further information, for example— (i) about factors that have been taken into account (including types of advice to which regard has been had); (ii) as to procedures that are to be followed. (3) The Scottish Ministers are to— (a) make the statement in such manner; and (b) publicise the statement to such extent, as they consider appropriate.

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Prevention of the spread of disease

Biosecurity codes

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After section 6B of the 1981 Act there is inserted—

(6C) (1) The Scottish Ministers may make an order containing a code (referred to in this section and section 6D as a “biosecurity code”) which makes provision for the taking of, and in relation to, the measures specified in subsection (2). (2) Those are measures (“biosecurity measures”) for preventing— (a) diseases of animals; (b) the spread of causative agents of diseases of animals— (i) among animals, birds or amphibians; (ii) between any of those categories of creature and another of those categories; or (iii) from any of those categories of creature to humans. (3) In subsection (2)(b), “causative agent”, in relation to a disease, includes any virus, bacterium and any other organism or infectious substance which may cause or transmit the disease. (4) A biosecurity code may relate solely to one, or more than one— (a) kind of creature; or (b) disease. (5) A biosecurity code may include guidance as to the best practicable means of taking biosecurity measures. (6) A biosecurity code may— (a) prescribe general requirements to which persons to whom the code applies are subject; (b) prescribe particular requirements to which such persons are, in such circumstances as are specified in the code, subject; and (c) specify circumstances in which any person is to be regarded for the purposes of this section as complying with, or (as the case may be) not complying with, any requirements prescribed under paragraphs (a) or (b). (7) A biosecurity code may make different provision for different cases or classes of case. (8) A biosecurity code applies, to the extent provided for in the code, to any person who owns, keeps or is in charge of any creature of a kind to which the code relates. (9) A person must, to the extent to which a biosecurity code applies to the person, comply with the code. (10) A person who is subject to a requirement prescribed under subsection (6)(a) or (b) commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person fails to comply with the requirement. (11) Before making an order under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate about the proposed biosecurity code. (12) A statutory instrument containing an order under subsection (1) is not made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament. (13) In sub-paragraph (i) of paragraph (b) of subsection (2), the reference to animals means any kind of mammal (except man). (14) In this section and section 6D(1)(b), “disease” is not restricted by its definition in this Act. (6D) (1) Where the Scottish Ministers are of the opinion that there exists— (a) an outbreak of a disease specified in Schedule 2B to this Act; or (b) some other emergency relating to a disease of animals, subsections (11) and (12) of section 6C do not apply in relation to the making of an order under subsection (1) of that section containing a biosecurity code relating to the outbreak or, as the case may be, the other emergency. (2) Where subsection (1) applies, an order made accordingly (an “emergency order”)— (a) is to be laid before the Scottish Parliament; and (b) ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by a resolution of the Parliament. (3) However, paragraph (b) of subsection (2) does not apply in relation to an order which— (a) revokes (wholly or partly) an emergency order; and (b) does nothing else, or nothing else except make provision incidental or supplementary to the revocation. (4) In reckoning for the purposes of subsection (2)(b) any period of 28 days, no account is to be taken of any period during which the Scottish Parliament is— (a) dissolved; or (b) in recess for more than 4 days. (5) Subsection (2)(b) is without prejudice to anything previously done by reference to an emergency order or to the making of a new emergency order. (6) An emergency order must include a description of the emergency in relation to which the order is made.

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Tests and samples

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After section 6D (inserted by section 4 of this Act) of the 1981 Act there is inserted—

(6E) (1) An inspector may at any time enter any premises in Scotland for the purpose of ascertaining (any or all)— (a) whether— (i) biological indicators of any disease of animals; (ii) biological indicators of any causative agent of a disease of animals, exist in animals, birds or amphibians on the premises; (b) whether any animals, birds or amphibians on the premises or which were kept there at any time are, or were at the time they were so kept, infected with a disease of animals; (c) whether any causative agent of a disease of animals is present on the premises. (2) The inspector may take such samples (including samples from any animals, birds or amphibians on the premises) and carry out such tests as the inspector thinks are necessary for a purpose mentioned in subsection (1). (3) In subsections (1) and (2), the references to animals in which biological indicators exist, infected with a disease or from which samples may be taken means any kind of mammal (except man). (4) In this section— - “biological indicator”— 1. in relation to a disease, includes evidence of any form of reaction to the disease; 2. in relation to a causative agent, includes— 1. anti-bodies in reaction to the causative agent; 2. evidence of any other form of reaction to the causative agent; - “causative agent”, in relation to a disease, includes any virus, bacterium and any other organism or infectious substance which may cause or transmit the disease; - “disease” is not restricted by its definition in this Act; - “inspector” means— 1. a person appointed as an inspector for the purposes of this Act by the Scottish Ministers; or 2. a person authorised by the Scottish Ministers for those purposes; - “premises” includes— 1. any land or building; or 2. any other place, in particular— 1. a vehicle or vessel; or 2. a tent or moveable structure. (6F) (1) Where a sample from any animal, bird or amphibian has been taken— (a) under any enactment; and (b) in relation to the monitoring, control or prevention of any disease of animals, the Scottish Ministers (or a person authorised by them) may carry out such tests using the sample as they think are necessary or expedient for the purposes of the monitoring, control or prevention of any other disease of animals. (2) Except in the circumstances described in subsection (3), the power conferred by subsection (1) is not exercisable unless the sample has previously been used for a test authorised under the relevant enactment. (3) Those circumstances are— (a) where the Scottish Ministers are of the opinion that there exists an emergency in relation to a disease of animals; and (b) the tests to be carried out under subsection (1) are in connection with the emergency. (4) A person who possesses a sample required for the carrying out of a test under subsection (1) must give the sample to the Scottish Ministers (or a person authorised by them) by such time as they may direct. (5) In subsection (1), the first reference to an animal means any kind of mammal (except man). (6) In this section— - “disease” is not restricted by its definition in this Act; - “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

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Animal gatherings

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After section 8 of the 1981 Act there is inserted—

(8A) (1) The Scottish Ministers may by order make provision for or in connection with the licensing (by them or by other persons on their behalf) of the holding of animal gatherings. (2) An order under subsection (1) must be with a view to the prevention of the spread of disease. (3) In this section, an “animal gathering” means an occasion at which animals or birds (or both) are brought together for any purpose. (4) But, for the purposes of subsection (3), an occasion is not an animal gathering if— (a) all the animals or birds involved are owned by the same person; or (b) the occasion— (i) takes place on land in respect of which more than one person has a right of use; and (ii) involves animals or birds all of which are owned by persons who have a right of use of the land. (5) An order under subsection (1) may, in particular, include provision as to— (a) the procedure to be followed in relation to an application for a licence; (b) any considerations to be taken into account in determining an application; (c) the duration and renewal of a licence; (d) conditions that must or may be imposed on granting or renewing a licence; (e) circumstances in which a licence (or any of the conditions imposed in relation to the licence) must or may be revoked or suspended; (f) requirements for notification of any granting, renewal, revocation, suspension or variation of a licence; (g) appeals in connection with licences. (6) An order under subsection (1) may, in particular, also include provision as to the inspection, for the purpose of ensuring compliance with any condition of a licence, of premises where animal gatherings may take, or are taking or have taken, place. (7) Conditions under subsection (5)(d) may, in particular, relate to measures for the prevention of the spread of disease. (8) A person who holds a licence in accordance with an order made under subsection (1) commits an offence if, without excuse (proof of which lies on the person), that person contravenes any condition of the licence. (9) A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Scottish Parliament. (10) An order under subsection (1) may make different provision for different cases or classes of case. (11) Before making an order under subsection (1), the Scottish Ministers must consult— (a) such persons appearing to them to represent relevant interests; and (b) such other persons, as they consider appropriate. (12) In this section, “premises” includes— (a) any land or building; or (b) any other place, in particular— (i) a vehicle or vessel; or (ii) a tent or moveable structure.

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Treatment

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