UK Offence Report

The Tuberculosis (Scotland) Order 2023

Scottish Statutory Instrument 2023 No. 93 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
21 March 2023
In force from
18 May 2023
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 re-enacts the Tuberculosis (Scotland) Order 2007 with amendments. In addition to minor and drafting amendments, it makes the following changes of substance:- Article 2 (interpretation) includes a definition of “isolation”. Article 9 (pre-movement testing) now requires a diagnostic test for tuberculosis to be applied to a bovine animal no more than 30 days before the date of the animal’s movement and provides that certain diagnostic tests will not satisfy this pre-movement testing requirement. Article 23 (compensation for bovine animals slaughtered for tuberculosis) limits the maximum amount of compensation payable for all bovine animals slaughtered due to reasons of tuberculosis, not just reactor animals that have tested positive as being affected with tuberculosis. Article 25 (compensation for animals subject to isolation requirements) reduces the compensation payable for an animal caused to be slaughtered due to reasons of tuberculosis to 5% of the amount which would otherwise be payable as the market value of the animal, where the animal has not been kept in isolation, in breach of an isolation requirement. Article 27 (reduced compensation for unclean animal presented for slaughter) reduces the compensation payable for an animal presented for slaughter due to reasons of tuberculosis to 50% of the amount which would otherwise be payable as the market value of the animal, where the official veterinarian at the slaughterhouse is of the opinion that the animal is not in a clean condition. Article 40 makes consequential amendments to the Bovine Semen (Scotland) Regulations 2007. Transitional provision is made in article 41 for pre-movement diagnostic tests for tuberculosis applied to a bovine animal before the date on which this Order comes into force but less than 60 days before the animal’s movement. Provision is also made that the maximum amount of compensation payable for bovine animals which are not reactor animals does not apply where the notice of intended slaughter was served before this Order comes into force and that the reduction in compensation for breach of an isolation requirement does not apply where the breach took place before the coming into force of this Order.

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 has no record of this instrument, although it covers the period. Nothing is inferred from that.

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