Title and commencement_I1

1.This Order may be cited as the Specified Diseases (Notification) Order 1996 and shall come into force on 21st October 1996.

Interpretation_I2E1

2.In this Order—

^F2...

“veterinary surgeon” means a veterinary surgeon (or veterinary practitioner) registered under the Veterinary Surgeons Act 1966(2).

Interpretation_I12E4

2. In this Order—

[^F20“authorised person” means a person authorised by the Scottish Ministers;^F20]

[^F21“authorised veterinary inspector” means a veterinary inspector authorised by the Scottish Ministers to receive information about diseased or suspectedanimals, or the carcases of such animals;^F21]

[^F22“constable” has the meaning given in section 99(1) of the Police and Fire Reform (Scotland) Act 2012; and^F22]

“veterinary surgeon” means a veterinary surgeon (or veterinary practitioner) registered under the Veterinary Surgeons Act 1966(2).

Notification of specified diseases_I3E2

3.—(1)For the purposes of the Animal Health Act 1981 in its application to this article—

(a)the definition of “animals” in section 87(1) is hereby extended to comprise ungulates; and

(b)the definition of “disease” in section 88(1) is hereby extended to comprise the diseases listed in Part 1 of Schedule 1 to this Order.

(2)A person who has in his possession or under his charge an animal or carcase which he knows or reasonably suspects is infected with a disease listed in Schedule 1 to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) below.

(3)A veterinary surgeon or other person who, in the course of his duties, examines or inspects an animal or carcase which he reasonably believes is infected with a disease listed in Schedule 1 to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) below.

(4)A person who, following analysis by him of a sample taken from an animal or carcase, reasonably suspects that the animal or carcase is infected with any of the diseases listed in Schedule 1 [^F3or Schedule 1A^F3] to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) below.

Notification of specified diseases_I13E5

3.—(1) For the purposes of the Animal Health Act 1981 in its application to this article—

(a)the definition of “animals” in section 87(1) is hereby extended to comprise ungulates; and

(b)the definition of “disease” in section 88(1) is hereby extended to comprise the diseases listed in Part 1 of Schedule 1 [^F23and Schedule 1A^F23] to this Order.

(2) A person who has in his possession or under his charge an animal or carcase which he knows or reasonably suspects is infected with a disease listed in Schedule 1 to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) [^F24or, in the case of porcine epidemic diarrhoea, article 5(2)^F24] below.

^F25(3) A veterinary surgeon or other person who ... examines or inspects an animal or carcase which he reasonably believes is infected with a disease listed in Schedule 1 to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) [^F26or, in the case of porcine epidemic diarrhoea, article 5(2)^F26] below.

(4) A person who, following analysis by him of a sample taken from an animal or carcase, reasonably suspects that the animal or carcase is infected with any of the diseases listed in Schedule 1 [^F27or Schedule 1A^F27] to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) [^F28or, in the case of porcine epidemic diarrhoea, article 5(2)^F28] below.

[^F29Notification of specified diseases_I14E6

3.—(1)For the purposes of the Animal Health Act 1981 in its application to this article—

(a)the definition of “animals” in section 87(1) is hereby extended to comprise ungulates; and

(b)the definition of “disease” in section 88(1) is hereby extended to comprise the diseases listed in Part 1 of Schedule 1 [^F30and Schedule 1A^F30] to this Order.

(2)A person who has in his possession or under his charge an animal or carcase which he knows or reasonably suspects is infected with a disease listed in Schedule 1 to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) below.

(3)A veterinary surgeon or other person who, in the course of his duties, examines or inspects an animal or carcase which he reasonably believes is infected with a disease listed in Schedule 1 to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) below.

(4)A person who, following analysis by him of a sample taken from an animal or carcase, reasonably suspects that the animal or carcase is infected with any of the diseases listed in Schedule 1 [^F31or Schedule 1A^F31] to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) below.^F29]

[^F4Sharing information and providing advice on porcine epidemic diarrhoea: England

3A.—(1)Where a person has given notice to the Secretary of State of suspected porcine epidemic diarrhoea in pigs in England in accordance with article 3, this article applies.

(2)The Secretary of State must, as soon as reasonably practicable, supply the following information to the Agriculture and Horticulture Development Board—

(a)the contact details of the person in possession of the pigs suspected of being infected with porcine epidemic diarrhoea, and

(b)the location of the suspect premises.

(3)Following receipt of the information mentioned in paragraph (2), the Agriculture and Horticulture Development Board may—

(a)provide advice to the person in possession of the pigs about the disease;

(b)advise any pig keeper whose pigs are suspected of having contact with the suspect premises, and other pig keepers in the vicinity of the suspect premises, to take appropriate precautions to protect their pigs from porcine epidemic diarrhoea.

(4)Where a faecal sample tests positive for porcine epidemic diarrhoea, the Agriculture and Horticulture Development Board may—

(a)advise any pig keeper whose pigs are suspected of having contact with the suspect premises, and other pig keepers in the vicinity of the suspect premises, of the positive test result for porcine epidemic diarrhoea;

(b)disseminate the fact of the positive laboratory test result to those persons appearing to it to be representative of the interests of those in the pig industry as it considers appropriate.

(5)Prior to advising any pig keeper in accordance with paragraph (3)(b) or (4)(a), or disseminating information in accordance with paragraph (4)(b), the Agriculture and Horticulture Development Board must inform the person in possession of the affected pigs of its intention to give such advice or disseminate such information (as the case may be).^F4]

[^F32Sharing information on porcine epidemic diarrhoea

3A.—(1)Paragraphs (2) and (3) apply where, by virtue of article 3(2) or article 5(3), an authorised person is notified or informed that a person in possession or charge of a pig or a pig carcase knows or reasonably suspects that the pig or pig carcase is infected with porcine epidemic diarrhoea.

(2)The authorised person shall, as soon as reasonably practicable following receipt of a notification or information mentioned in paragraph (1), supply the following information to a person mentioned in paragraph (8):—

(a)the identity and contact details of the person who has given the notice under article 3(2);

(b)the date that such a notice was given; and

(c)the location of the premises where the pig or pig carcase known or suspected to be infected with porcine epidemic diarrhoea is.

(3)Following receipt of the information supplied under paragraph (2), the person mentioned in paragraph (8) may—

(a)provide advice to the person who has given the notice under article 3(2); and

(b)advise any pig keeper whose pigs are suspected of having contact with any premises where a pig or pig carcase known or suspected to be infected with porcine epidemic diarrhoea is, and any other pig keeper in the vicinity of those premises, to take appropriate precautions to protect their pigs from porcine epidemic diarrhoea.

(4)Paragraphs (5) and (6) apply where, following analysis of a sample taken from a pig or a pig carcase, an authorised person receives information that the pig or pig carcase is infected with porcine epidemic diarrhoea (whether or not by virtue of a notice given under article 3(4)).

(5)The authorised person may supply information about the results of the analysis of the sample to a person mentioned in paragraph (8).

(6)Following receipt of the information supplied under paragraph (5), the person mentioned in paragraph (8) may take either or both of the following steps:—

(a)advise any pig keeper whose pigs are suspected of having contact with any premises where a pig or pig carcase infected with porcine epidemic diarrhoea is, and any other pig keeper in the vicinity of those premises, of the results of the analysis of the sample; and

(b)disseminate the fact of the porcine epidemic diarrhoea infection to those persons appearing to it to be representative of the interests of those in the pig industry as the person mentioned in paragraph (8) considers appropriate.

(7)Prior to advising any pig keeper under paragraph (3)(b) or (6)(a), or disseminating information under paragraph (6)(b), the person mentioned in paragraph (8) shall inform the person in possession or charge of the pig or pig carcase of the intention of the person mentioned in paragraph (8) to give such advice or, as the case may be, disseminate such information.

(8)For the purposes of this article, a person mentioned in this paragraph is a person—

(a)who is responsible for coordinating on behalf of the pig industry in Scotland a response to a suspected or confirmed outbreak of porcine epidemic diarrhoea; and

(b)with whom an authorised person has entered into an agreement to supply information mentioned in paragraph (2) or (5).^F32]

Notification of spongiform encephalopathy_I4

4.—(1)For the purposes of the Animal Health Act 1981 in its application to this article—

(a)the definition of “animals” in section 87(1) is hereby extended to comprise—

(i)any kind of mammal except man, and

(ii)any kind of four-footed beast which is not a mammal;

(b)the definition of “poultry” in section 87(4) is hereby extended to comprise birds of all species; and

(c)the definition of “disease” in section 88(1) is hereby extended to comprise any form of spongiform encephalopathy.

(2)A person who, in the course of a laboratory examination of the carcase of any poultry, or of any animal other than a sheep, goat or animal of the bovine species, reasonably suspects the presence of spongiform encephalopathy, shall—

(a)give notice of that fact as soon as practicable in accordance with article 5(1) below;

(b)retain the sample examined and the remainder of the carcase until its disposal is authorised in writing by a veterinary inspector; and

(c)if required in writing to do so by a veterinary inspector, surrender any samples in whatever form they are to a veterinary inspector.

(3)This article shall not apply in relation to any spongiform encephalopathy which has been deliberately introduced into an animal, a carcase or a sample in a laboratory.

[^F5Notification of infection with Batrachochytrium salamandrivorans: England

4A.—(1)For the purposes of the Animal Health Act 1981 in its application to this article—

(a)the definition of “animals” in section 87(1) of the Act is extended to include relevant amphibians;

(b)the definition of “disease” in section 88(1) of the Act is extended to include infection with Batrachochytrium salamandrivorans.

(2)A person who—

(a)has in his possession or under his charge a relevant amphibian, and

(b)knows, or reasonably suspects, that the relevant amphibian is infected with Batrachochytrium salamandrivorans,

must give notice of that knowledge or suspicion as soon as practicable.

(3)A veterinary surgeon or other person who, in the course of his duties—

(a)examines or inspects a relevant amphibian, and

(b)knows or reasonably suspects that the relevant amphibian is infected with Batrachochytrium salamandrivorans,

must give notice of that knowledge or suspicion as soon as practicable.

(4)A person who—

(a)analyses a sample taken from a relevant amphibian, and

(b)knows or reasonably suspects that the sample taken from the relevant amphibian is infected with Batrachochytrium salamandrivorans,

must give notice of that knowledge or suspicion as soon as practicable.

(5)In paragraphs (2) to (4), “relevant amphibian”—

(a)means an amphibian of the group “Caudata”; and

(b)includes the carcase of any such amphibian.

(6)This article applies in relation to England only.^F5]

[^F33Notification of infection with Batrachochytrium salamandrivorans: Wales

4A.—(1)For the purposes of the Animal Health Act 1981 in its application to this article—

(a)the definition of “animals” in section 87(1) is extended to include amphibians of the group Caudata; and

(b)the definition of “disease” in section 88(1) is extended to include infection with Batrachochytrium salamandrivorans.

(2)A person who—

(a)has possession, or is in charge, of an amphibian, and

(b)knows or reasonably suspects the amphibian is infected with Batrachochytrium salamandrivorans,

must give notice of this knowledge or suspicion as soon as practicable in accordance with article 5(1).

(3)A veterinary surgeon, or other person, who in the course of that person’s duties—

(a)examines or inspects an amphibian, and

(b)knows or reasonably believes the amphibian to be infected with Batrachochytrium salamandrivorans,

must give notice of this knowledge or belief as soon as practicable in accordance with article 5(1).

(4)A person who—

(a)analyses a sample taken from an amphibian, and

(b)knows or reasonably suspects that the amphibian is infected with Batrachochytrium salamandrivorans,

must give notice of this knowledge or suspicion as soon as practicable in accordance with article 5(1).

(5)In paragraphs (2) to (4), “amphibian”—

(a)means an amphibian of the group specified in paragraph (1)(a), and

(b)includes the carcase, or part of a carcase, of an amphibian.^F33]

[^F34Notification of infection with Batrachochytrium salamandrivorans

4A.—(1)For the purposes of the Animal Health Act 1981 in its application to this article—

(a)the definition of “animals” in section 87(1) is extended to comprise four-footed amphibians of the group Caudata (including the group Urodela),

(b)the definition of “disease” in section 88(1) is extended to comprise infection with Batrachochytrium salamandrivorans.

(2)A person who—

(a)has possession, or is in charge, of an amphibian of the type mentioned in paragraph (1)(a) or a carcase, and

(b)knows or reasonably suspects that the amphibian or carcase is infected with Batrachochytrium salamandrivorans,

must give notice of that knowledge or reasonable suspicion as soon as practicable in accordance with article 5(1).

(3)A veterinary surgeon, or other person, who—

(a)examines or inspects an amphibian of the type mentioned in paragraph 1(a) or a carcase in the course of the person’s duties, and

(b)reasonably believes the amphibian or carcase to be infected with Batrachochytrium salamandrivorans,

must give notice of that belief as soon as practicable in accordance with article 5(1).

(4)A person who—

(a)analyses a sample taken from an amphibian of the type mentioned in paragraph 1(a) or carcase, and

(b)reasonably suspects that the amphibian or carcase is infected with Batrachochytrium salamandrivorans,

must give notice of that suspicion as soon as practicable in accordance with article 5(1).

(5)In this article “carcase” means a carcase of the type of amphibian referred to in paragraph 1(a) and includes part of such a carcase or any portion thereof.^F34]

[^F5Notification of Ebola virus: England

4B.—(1)For the purposes of the Animal Health Act 1981 in its application to this article—

(a)the definition of “animals” in section 87(1) of the Act is extended to include relevant primates;

(b)the definition of “disease” in section 88(1) of the Act is extended to include infection with Ebola virus.

(2)A person who—

(a)has a relevant primate in his possession or under his charge, and

(b)knows or reasonably suspects that the relevant primate is infected with Ebola virus,

must give notice of this knowledge or suspicion as soon as practicable.

(3)A veterinary surgeon or other person who, in the course of his duties—

(a)examines or inspects a relevant primate, and

(b)knows or reasonably suspects that the relevant primate is infected with Ebola virus,

must give notice of this knowledge or suspicion as soon as practicable.

(4)A person who, in the course of his duties—

(a)analyses a sample taken from a relevant primate, and

(b)knows or reasonably suspects that the sample taken from the relevant primate is infected with Ebola virus,

must give notice of this knowledge or suspicion as soon as practicable.

(5)In paragraphs (2) to (4)—

(a)“relevant primate” means any kind of primate except man, and;

(b)includes the carcase or any part of the carcase of a primate.

(6)This article applies in relation to England only.^F5]

[^F33Notification of infection with Ebola virus: Wales

4B.—(1)For the purposes of the Animal Health Act 1981 in its application to this article—

(a)the definition of “animals” in section 87(1) is extended to include primates other than man; and

(b)the definition of “disease” in section 88(1) is extended to include infection with Ebola virus.

(2)A person who—

(a)has possession, or is in charge, of a primate, and

(b)knows or reasonably suspects that the primate is infected with Ebola virus,

must give notice of this knowledge or suspicion as soon as practicable in accordance with article 5(1).

(3)A veterinary surgeon, or other person, who in the course of that person’s duties—

(a)examines or inspects a primate, and

(b)knows or reasonably believes the primate to be infected with Ebola virus,

must give notice of this knowledge or belief as soon as practicable in accordance with article 5(1).

(4)A person who—

(a)analyses a sample taken from a primate, and

(b)knows or reasonably suspects that the primate is infected with Ebola virus,

must give notice of this knowledge or suspicion as soon as practicable in accordance with article 5(1).

(5)In paragraphs (2) to (4), “primate”—

(a)means any kind of primate except man, and

(b)includes the carcase, or part of a carcase, of a primate.^F33]

[^F34Notification of Ebola virus

4B.—(1)For the purposes of the Animal Health Act 1981 in its application to this article—

(a)the definition of “animals” in section 87(1) is extended to comprise relevant primates,

(b)the definition of “disease” in section 88(1) is extended to comprise infection with Ebola virus.

(2)A person who—

(a)has possession, or is in charge, of a relevant primate or a carcase, and

(b)knows or reasonably suspects that the relevant primate is infected with Ebola virus,

must give notice of that knowledge or reasonable suspicion as soon as practicable in accordance with article 5(1).

(3)A veterinary surgeon, or other person, who—

(a)examines or inspects a relevant primate or a carcase in the course of the person’s duties, and

(b)reasonably believes the relevant primate to be infected with Ebola virus,

must give notice of that belief as soon as practicable in accordance with article 5(1).

(4)A person who—

(a)analyses a sample taken from a relevant primate or carcase, and

(b)reasonably suspects that the relevant primate or carcase is infected with Ebola virus,

must give notice of that suspicion as soon as practicable in accordance with article 5(1).

(5)In this article—

“carcase” means a carcase of a relevant primate and includes part of such a carcase or any portion thereof,

“relevant primate” means a primate other than man.^F34]

Notice_I5E3

5.—(1)A notice under this Order shall be given to—

(a)the [^F6Secretary of State^F6];

(b)an inspector; or

(c)a constable of the police area in which the animal or carcase is situated.

(2)An inspector (other than a veterinary inspector) or a constable who receives notice under this Order shall immediately inform a veterinary inspector of the facts notified.

[^F7(3)Sub-paragraphs (b) and (c) of paragraph (1) do not apply in the case of notice given under article 4A or 4B.^F7]

[^F35Notice_I15E7

5.—(1)A notice under this Order shall be given to—

(a)the [^F36Welsh Ministers^F36];

(b)an inspector; or

(c)a constable of the police area in which the animal or carcase is situated.

(2)An inspector (other than a veterinary inspector) or a constable who receives notice under this Order shall immediately inform a veterinary inspector of the facts notified.

[^F37(3)Sub-paragraphs (b) and (c) of paragraph (1) do not apply in the case of notice given under article 4A or 4B.^F37,F35]]

[^F38Notice_E8

5.—(1)Subject to paragraph (2), a notice under this Order shall be given to—

(a)an authorised veterinary inspector;

(b)an inspector; or

(c)a constable.

(2)In the case of porcine epidemic diarrhoea, a notice under this Order shall be given to—

(a)an authorised person;

(b)an inspector; or

(c)a constable.

(3)An inspector (other than an authorised veterinary inspector) or a constable who receives notice under this Order shall immediately inform an authorised veterinary inspector or, in the case of porcine epidemic diarrhoea, an authorised person, of the facts notified and provide a copy of the notice to the authorised veterinary inspector or, as the case may be, the authorised person.^F38]

Offences_I6

6.Any person who, without lawful authority or excuse, contravenes or fails to comply with [^F8article 3, 4, 4A or 4B^F8] of this Order shall be guilty of an offence against the Animal Health Act 1981.

Enforcement_I7

7.This Order shall be enforced by the local authority.

Revocations_I8

8.The instruments in Schedule 2 of this Order are hereby revoked to the extent set out in Column 3 of that Schedule.

Article 3

[^F1SCHEDULE 1SPECIFIED DISEASES

Part I_I9

• [^F9African horse sickness^F9]

• [^F10Bluetongue^F10]

• Brucellosis caused by Brucella melitensis

• Contagious agalactia

• [^F11Contagious caprine pleuropneumonia^F11]

• Contagious epidydimitis

• Epizootic haemorrhagic virus disease

• [^F12Equine infectious anaemia^F12]

• [^F13Glanders (Burkholderia mallei)^F13]

• Goat pox

• [^F14Infection with Burkholderia mallei (glanders)^F14]

• Lumpy skin disease

• Peste des petits ruminants

• [^F15Porcine epidemic diarrhoea^F15]

• Rift Valley Fever

• ^F16...

• [^F17Surra (Trypanosoma evansi)^F17]

• Teschen Disease

• Vesicular Stomatitis

Part II_I10

• Sheep pox

Article 3(4)

SCHEDULE 1AFURTHER SPECIFIED DISEASES

• [^F18Bovine genital campylobacteriosis

• Bovine Viral Diarrhoea

• Infection with porcine reproductive and respiratory syndrome virus

• Infection with bovine rhinotracheitis or infectious pustular vulvovaginitis

• Paratuberculosis

• Trichomonosis^F18]

• [^F19Bovine genital campylobacteriosis

• Infection with porcine reproductive and respiratory syndrome virus

• Infectious bovine rhinotracheitis/ infectious pustular vulvovaginitis

• Paratuberculosis

• Trichomonosis^F19]

Article 8

SCHEDULE 2REVOCATIONS_I11