UK Offence Report

The Sheep Scab (Scotland) Order 2010

Scottish Statutory Instrument 2010 No. 419 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
24 November 2010
In force from
17 December 2010
Extent
Not stated
Subject
Dogs, animals, hunting and wildlife
Made under
Animal Health Act 1981

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order replaces the Sheep Scab Order 1997 in so far as it extends to Scotland. This Order does not apply in the local government area of the Shetland Islands. The Shetland Islands Council are empowered to make regulations concerning sheep scab by the Sheep Scab (Shetland Islands) Order 2003. This Order is made under powers in the Animal Health Act 1981. Part1 of the Order contains definitions and makes other provisions of an introductory and administrative nature. Part2 contains provisions relating to cases of sheep scab and suspected sheep scab, and includes provisions concerning— a the compulsory notification of sheep scab or suspected sheep scab (article4); b the imposition of movement restrictions upon confirmation or suspicion that sheep or carcases on premises have sheep scab (article5(1) to (3)) which cease to apply in circumstances detailed in article5(6). Exception is made for movement for treatment or slaughter, in accordance with clearance notice or under the authority of a licence (article5(4)); c the power of an inspector, by notice, to require the owner or keeper of affected sheep or carcases to arrange for a veterinary surgeon to establish whether there are sheep or carcases which have sheep scab on the premises (article6(1)). Service of such a notice imposes movement restrictions on sheep (article6(3)), which restrictions will cease to apply in circumstances detailed in article6(7). Exception is made for movement for treatment, slaughter or under the authority of a licence (article6(5)); d the power of an inspector, by notice, to require sheep which are affected or suspected of being affected with sheep scab to be removed from markets or places of exhibition and to require the cleansing of such premises (article7). Part3 contains provisions relating to the clearance of sheep from common land and includes provisions which— a empower an inspector to require, by notice, the owner or keeper of sheep which are kept on any common land to move those sheep off the land before the date specified in the notice (article8), and prohibit the movement back onto the land specified in the clearance notice for 3months unless the sheep have been treated (article9); and b empower the local authority to seize and dispose of such sheep if unable to establish ownership and also affected sheep living in the local authority area where the owner cannot immediately be identified (article10). Part4 contains general provisions which— a make provision regarding the slaughter of affected sheep (article11); b enable an inspector to mark sheep or require the keeper of sheep to mark the sheep (article12); c empower an inspector to require the cleansing of premises (article13); d confer powers of entry and inspection and powers in cases of default on inspectors (articles14 and 15); e make provision regarding offences committed by bodies corporate (article16); f provide for the enforcement of the Order by the local authority (article17); and g impose a duty to provide reasonable assistance (article18), and not to provide false information to persons acting in execution of the Order (article19). The Sheep Scab Order 1997 is revoked (article20) and transitional provisions made (article21). Failure to comply with the Order is an offence under section73 of the Animal Health Act 1981 and is punishable in accordance with section75 of that Act. No business regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source