The Bovine Viral Diarrhoea (Scotland) Order 2013 (revoked)

Scottish Statutory Instrument 2013 No. 3 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 8 January 2013
In force from: 9 February 2013
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 restates with amendments the Bovine Viral Diarrhoea (Scotland) Order 2012 (“the 2012 Order”). Article 9 of the Order requires all keepers of breeding cattle to:— take or arrange to have taken samples from their breeding bovine animals or herds annually (by the compliance deadlines set in accordance with article 10); and submit those samples for testing (in accordance with article 14) to laboratories as approved by the Scottish Ministers under article 6. This is for the purposes of determining whether bovine viral diarrhoea virus (“BVDV”) is or may be present in the herd or the animal. Every keeper of a breeding herd or animal must take or arrange to have taken samples by one of the methods provided for in article11. In accordance with article 12, samples other than blood samples can be taken without consulting a veterinary surgeon. However, in relation to milk samples or bulk milk samples, those samples may be taken by any of the persons mentioned in article 13(1) or (2) respectively. On receipt of samples, approved laboratories must test for the presence of BVDV or evidence of exposure to BVDV and make a finding in relation to the herd or animal of either negative (“negative”) for the presence of BVDV or evidence of exposure to BVDV or not-negative (“not negative”) and report these findings to the keeper and to the Scottish Ministers together with certain other information (article17). Where a laboratory has determined the BVD finding to be “not negative”, a veterinary surgeon approved for this purpose by the Scottish Ministers may, if he or she considers that appropriate follow-up testing or investigation has been carried out, notify the Scottish Ministers of a change in BVD finding from “not negative” to “negative” (article23). Where the BVD finding is “not negative”, the keeper must notify that finding to the keeper of any other breeding herd or breeding bovine animal kept on the same holding (article 22). Similar provision is made in relation to any calf which is born other than to breeding cattle (a “qualifying calf”). Under article 15, the keeper must take (or arrange to have taken) a blood or ear tag tissue sample within 40days of its birth and submit it to an approved laboratory for testing for the presence of BVDV. The laboratory must report the results to the keeper and to the Scottish Ministers (article18). Approved laboratories must keep records of any test carried out under this Order for 3years and, if requested, provide these to the Scottish Ministers (article19). Under article 20, where any laboratory, otherwise than under Part 2, tests a sample of any description taken from a bovine animal for the presence of BVDV, it must inform the Scottish Ministers. Article 21 makes provision as to the BVD status of breeding herds and breeding bovine animals which have a current BVD finding (as defined in article 2). Article 24 requires and also enables the Scottish Ministers to inform the keepers of bovine animals, the operators of any markets to which the animal is to be moved and certain other persons, of the current BVD finding or the results of any laboratory tests for the presence of BVDV. Articles 25 to 29 make provision in relation to enforcement and offences. Article 30 provides for the revocation of the 2012 Order, subject to the savings and transitional provisions specified in the Schedule. The principal changes made by this Order to the 2012 Order are as follows:— to align the provisions for sampling breeding herds and breeding bovine animals (article11); to clarify how blood samples may be taken from breeding herds or bovine animals (article11(2)(d)); to make provision in relation to management (ear) tags (article8) and sampling involving the use of such tags (article11(6) and (7)); to clarify when samples may be taken with or without consultation with, or authorisation from, a veterinary surgeon (article 12); to extend the requirements for reporting of tests for the presence of BVDV to all laboratories (article 20) and, in consequence, what constitutes BVD status (article21) and a BVD finding (as defined in article2); and to require the Scottish Ministers to maintain and provide information about current BVD findings and the results of tests for the presence of BVDV (article 24) No business and regulatory impact assessment has been prepared for this Order as no further impact on business, charities or voluntary bodies is foreseen.

Offences created by this instrument

1 Where— a an offence against the Act in relation to this Order is committed by a body corporate or a Scottish… article 29(1) · Status not determined · Strict liability

What Parliament said about it

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How Parliament handled it

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