Paragraph 9 F1

(1)

No order is made under paragraph 6 unless a draft of the order has been laid before, and approved by a resolution of, the Scottish Parliament.

(2)

But where the Scottish Ministers are of the opinion that there exists—

(a)

an outbreak of a disease of animals not specified in or by virtue of paragraphs 1 to 6; or

(b)

some other emergency relating to a disease of animals,

sub-paragraph (1) does not apply in relation to the making of an order under paragraph 6.

(3)

Where sub-paragraph (2) applies, an order made accordingly (an “emergency order”)—

(a)

is to be laid before the Scottish Parliament; and

(b)

ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by a resolution of the Parliament.

(4)

However, paragraph (b) of sub-paragraph (3) does not apply in relation to an order which—

(a)

revokes (wholly or partly) an emergency order; and

(b)

does nothing else, or nothing else except make provision incidental or supplementary to the revocation.

(5)

In reckoning for the purposes of sub-paragraph (3)(b) any period of 28 days, no account is to be taken of any period during which the Scottish Parliament is—

(a)

dissolved; or

(b)

in recess for more than 4 days.

(6)

Sub-paragraph (3)(b) is without prejudice to anything previously done by reference to an emergency order or to the making of a new emergency order.

(7)

An emergency order must include a description of the emergency in relation to which the order is made.

(8)

In sub-paragraph (2), “disease” is not restricted by its definition in this Act.

Annotations

Textual amendments

F1: Sch. 3A inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 1(2), 55(1) (with s. 54); S.S.I. 2006/482, art. 2