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The Animal Health (Miscellaneous Amendments) (Scotland) Order 2013

Type Scottish-Statutory-Instrument

Publication 2013-05-28

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 28th May 2013

Laid before the Scottish Parliament: 30th May 2013

Coming into force: 28th June 2013

The Scottish Ministers make the following Order in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 1, 8(1), 8A, 15(3), (4) and (5), 17(1), 23, 35(3) and 83(2) of the Animal Health Act 1981 , and all other powers enabling them to do so .

Citation, commencement and extent

1

(1) This Order may be cited as the Animal Health (Miscellaneous Amendments) (Scotland) Order 2013 and comes into force on 28th June 2013.

(2) This Order extends to Scotland only.

The Export of Horses (Veterinary Examination) Order 1966

2

(1) The Export of Horses (Veterinary Examination) Order 1966 is amended in accordance with this article.

(2) In article 2(1) (interpretation), for the definition of “Divisional Veterinary Manager” substitute—

“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive notification about the shipment of horses from ports and aerodromes;

(3) In article 3 (notice requesting veterinary examination for horses to be exported), for “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”.

The Rabies (Control) Order 1974

3

(1) The Rabies (Control) Order 1974 is amended in accordance with this article.

(2) In article 2(1) (interpretation)—

(a) omit the definition of “Divisional Veterinary Manager”; and

(b) insert after the definition of “ animal ”

“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about animals and carcases affected or suspected of being affected with specified diseases;

(3) In article 4(3)(a) and (b) (notice of rabies or suspected rabies), for “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”.

(4) In article 5(5) (declaration of infected place), for “the Secretary, Ministry of Agriculture, Fisheries and Food, Hook Rise South, Tolworth, Surrey, KT6 7NF, to the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”.

(5) In Schedule 2 (form of notice declaring and defining the limits of an infected place), omit the second Note (beginning with “The Inspector is with all practicable speed”).

The Importation of Animals Order 1977

4

(1) The Importation of Animals Order 1977 is amended in accordance with this article.

(2) In article 2(1) (interpretation)—

(a) omit the definition of “Divisional Veterinary Manager”; and

(b) insert after the definition of “ approved reception centre ”

“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about animals and carcases affected with, or suspected of being affected with, specified diseases;

(3) In articles 4(2), (3)(b), (4) and (5)(a) (provisions relating to the carriage of imported animals to Great Britain) and 5(4) (provisions relating to the unloading of animals, etc., at ports and airports), for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”.

The Warble Fly (Scotland) Order 1982

5

(1) The Warble Fly (Scotland) Order 1982 is amended in accordance with this article.

(2) In article 2(1) (interpretation)—

(a) omit the definition of “Divisional Veterinary Manager”; and

(b) insert after the definition of “ animal ”

“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about warbled or suspected animals or carcases;

(3) In the following provisions, for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”

(a) article 4(1)(a) and (3) (notification of disease);

(b) article 11(3) and (4)(b) (infected area movement restrictions);

(d) article 14(1) and (3) (notice of intention to treat);

(e) article 15 (statement of treatment); and

(f) in the Schedule (forms), in Form F, in paragraph 2 of the Notes.

(4) In article 4(4) (notification of disease), for “the Divisional Veterinary Officer” substitute “ an authorised veterinary inspector ”.

(5) In the Schedule (forms), in the address box of Forms F and G, for “Divisional Veterinary Manager” substitute “ authorised veterinary inspector ”.

The Aujeszky's Disease Order 1983

6

(1) The Aujeszky's Disease Order 1983 is amended in accordance with this article.

(2) In article 19(2) (enforcement), for the words from “the Divisional Veterinary Manager” to the end of that paragraph substitute “ a veterinary inspector authorised by the Scottish Ministers to receive information about affected or suspected animals or carcases. ”.

(3) In the Schedule, omit the Notes to Forms A, B, C, D and E.

The Infectious Diseases of Horses Order 1987

7

(1) The Infectious Diseases of Horses Order 1987 is amended in accordance with this article.

(2) In article 3(1) (interpretation)—

(a) omit the definition of “Divisional Veterinary Manager”; and

(b) insert after the definition of “ approved disinfectant ”

“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about horses and carcases affected or suspected of being affected with disease;

(3) In the following provisions, for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”

(a) article 4(1), (2)(a) and (b), (3)(a), (b) and (c) (notification of disease);

(b) Rules 8 and 9 in article 7(1) (rules to be observed in an infected place);

(d) Rules 8 and 9 in Form A in Schedule 1 (forms).

(4) In Schedule 1 (forms), omit the Notes to Forms A, B, C and D.

The Tuberculosis (Deer) Order 1989

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Anthrax Order 1991

9

(1) The Anthrax Order 1991 is amended in accordance with this article.

(2) In article 2(1) (interpretation)—

(a) omit the definition of “Divisional Veterinary Manager”; and

(b) insert after the definition of “ the Act ”

“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about diseased or suspected animals, or the carcases of such animals;

(3) In articles 4 (notice of suspected disease), 7(2) (declaration of infected place) and 9 (disposal of carcases), for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”.

The Equine Viral Arteritis Order 1995

10

(1) The Equine Viral Arteritis Order 1995 is amended in accordance with this article.

(2) In article 3 (interpretation)—

(a) omit the definition of “Divisional Veterinary Manager”; and

(b) insert as the first definition—

“authorised veterinary inspector” means a veterinary inspector authorised for the time being by the Scottish Ministers to receive information about diseased or suspected horses;

(3) In the following provisions, for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”

(a) article 4(1), (3)(i) and (ii) and (4)(a) (notification of disease in horses); and

(b) in the Schedule (restrictions and requirements on stallions and semen), in paragraphs 3, 5 and 7.

(4) In article 6(2) (veterinary inquiry as to the existence of disease)—

(a) for the first reference to “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”; and

(b) for the second and third references to “the Divisional Veterinary Manager” substitute “ that authorised veterinary inspector ”.

The Specified Diseases (Notification) Order 1996

11

(1) The Specified Diseases (Notification) Order 1996 is amended in accordance with this article.

(2) In article 2 (interpretation), for the definition of “Divisional Veterinary Manager” substitute—

“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about diseased or suspected animals, or the carcases of such animals;

(3) In article 5(1)(a) (notice), for “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”.

The Enzootic Bovine Leukosis (Scotland) Regulations 2000

12

(1) The Enzootic Bovine Leukosis (Scotland) Regulations 2000 are amended in accordance with this article.

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “Divisional Veterinary Manager”; and

(b) insert after the definition of “ affected animal ”

“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about affected or suspected animals, or the carcases of such animals;

(3) In regulation 3(1)(b) (notification of disease in bovine animals), for “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”.

(4) In regulations 3(2) (notification of disease in bovine animals) and 4(1) (notification of disease in carcases), for “the Divisional Veterinary Manager responsible for that area” in each place where those words occur substitute “ an authorised veterinary inspector ”.

(5) In regulation 5(1) (notification of disease in laboratory samples) for “notify the Divisional Veterinary Manager of the area from which the sample was taken or in which the laboratory is situated,” substitute “ , notify an authorised veterinary inspector ”.

The Disease Control (Interim Measures) (Scotland) Order 2002

13

(1) The Disease Control (Interim Measures) (Scotland) Order 2002 is amended in accordance with this article.

(2) In article 2(1) (interpretation), insert after the definition of “ approved disinfectant ”

“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about diseased animals or carcases, or animals or carcases suspected of being diseased;

(3) In the following provisions for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”

(a) article 7(1) and (2) (regulation of shows and exhibitions);

(b) in Schedule 1 (movements not subject to standstill), in paragraph 3(b); and

The Diseases of Poultry (Scotland) Order 2003

14

(1) The Diseases of Poultry (Scotland) Order 2003 is amended in accordance with this article.

(2) In article 3(1) (interpretation)—

(a) in the definition of “Chief Veterinary Officer”, for “of Great Britain” substitute “ for Scotland ”;

(b) omit the definition of “Divisional Veterinary Manager”; and

“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about diseased birds or carcases, or birds or carcases suspected of being diseased;

(3) In article 4(1)(a) and (2) (notification procedures and precautions to be taken where the presence of a designated disease is suspected), for “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”.

The Classical Swine Fever (Scotland) Order 2003

15

(1) The Classical Swine Fever (Scotland) Order 2003 is amended in accordance with this article.

(2) In article 2(1) (interpretation)—

(a) in the definition of “the Chief Veterinary Officer”, for “of Great Britain” substitute “ for Scotland ”;

(b) omit the definition of “Divisional Veterinary Manager”; and

“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about pigs or carcases infected with the disease, or pigs or carcases suspected of being infected with the disease;

(3) In the following provisions, for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”

(a) article 4(1) and (2) (notification of the disease);

(b) article 13(3) (feral pig investigation zones);

(d) in Schedule 2 (measures which apply in an infected area established under article 14), paragraph 5.

(4) In article 13(4) (feral pig investigation zones)—

(a) for the first reference to “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”; and

(b) for the second reference to “the Divisional Veterinary Manager” substitute “ that authorised veterinary inspector ”.

(5) In Schedule 2 (measures which apply in an infected area established under article 14), in paragraph 8—

(a) for the first and second references to “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”; and

(b) for the third reference to “the Divisional Veterinary Manager” substitute “ that authorised veterinary inspector ”.

The African Swine Fever (Scotland) Order 2003

16

(1) The African Swine Fever (Scotland) Order 2003 is amended in accordance with this article.

(2) In article 2(1) (interpretation and extension of definitions)—

(a) in the definition of “the Chief Veterinary Officer” for “of Great Britain” substitute “ for Scotland ”;

(b) omit the definition of “Divisional Veterinary Manager”; and

“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about pigs or carcases infected with the disease, or pigs or carcases suspected of being infected with the disease;

(3) In the following provisions, for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”

(a) article 4(1) and (2) (notification of the disease);

(b) article 13(3) (feral pig investigation zones);

(d) in Schedule 2 (measures which apply in an infected area established under article 14), paragraph 5.

(4) In article 13(4) (feral pig investigation zones)—

(a) for the first reference to “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”; and

(b) for the second reference to “the Divisional Veterinary Manager” substitute “ that authorised veterinary inspector ”.

(5) In Schedule 2 (measures which apply in an infected area established under article 14), in paragraph 8—

(a) for the first and second references to “the Divisional Veterinary Manager” substitute “ an authorised veterinary inspector ”; and

(b) for the third reference to “the Divisional Veterinary Manager” substitute “ that authorised veterinary inspector ”.

The Foot-and-Mouth Disease (Scotland) Order 2006

17

(1) The Foot-and-Mouth Disease (Scotland) Order 2006 is amended in accordance with this article.

(2) In article 2(1) (interpretation)—

(a) omit the definition of “Divisional Veterinary Manager”; and

(b) insert after the definition of “ associated protection zone ”

“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about animals or carcases infected or suspected of being infected;

(3) In the following provisions, for “the Divisional Veterinary Manager” in each place where those words occur substitute “ an authorised veterinary inspector ”

(a) article 8(1), (2), (3) and (4) (notification of disease or suspected disease);

(b) in Schedule 2 (measures applicable to premises on suspicion or confirmation of disease), paragraph 1(1); and

(4) In article 8(5) (notification of disease or suspected disease), for “any Divisional Veterinary Manager” substitute “ any authorised veterinary inspector ”.

The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006

18

(1) The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 are amended in accordance with this article.

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “Chief Veterinary Officer (Scotland)”;

(b) omit the definition of “Divisional Veterinary Manager”; and

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