Explanatory note

This Order amends the Bovine Viral Diarrhoea (Scotland) Order 2013 (“the 2013 Order”).

The 2013 Order provides for all keepers of breeding bovine animals and breeding herds to take, or arrange to have taken, samples from their herds or animals and submit those for testing on an annual basis. Similar obligations apply in relation to keepers of (qualifying) calves born otherwise than into a breeding herd or to a breeding bovine animal. This is for the purpose of determining whether bovine viral diarrhoea virus (“BVDV”) is or may be present in the herd, animal or qualifying calf and, in respect of a herd or animal, this will generate a BVD status/finding. In addition, the Scottish Ministers have powers and duties in respect of informing certain persons of the current BVD finding and the results of BVDV tests.

Article 3 of this Order amends article 2 of the 2013 Order to insert new definitions of “current BVD finding” and “infected animal”.

Article 4 amends article 3 of the 2013 Order, which makes provision for the issuing of notices, licences or approvals.

Article 5(a) amends article 11 of the 2013 Order in relation to blood sampling arrangements for breeding herds, and article 5(b) provides for alternative arrangements in respect of breeding herds kept within the local government area of the Shetland Islands. Articles 6, 7 and 9(c) respectively amend articles 12, 14 and 17 of the 2013 Order in consequence of article 5(b).

Article 9(a) and (b) of this Order amends article 17 of the 2013 Order to make provision for the notification of test results confirming the presence of BVDV in relation to an identified calf or bovine animal. Article 10 of this Order amends article 18 of the 2013 Order to make similar provision for the notification of test results in relation to a qualifying calf.

Article 11 amends article 20 of the 2013 Order to require the operator of a laboratory to notify to the Scottish Ministers the test results of all samples tested for evidence of exposure to BVDV or for the presence of BVDV.

Article 12 amends article 21 of the 2013 Order (and article 14 makes a consequential amendment to article 23 of the 2013 Order). This is to make provision for the circumstances in which the BVD status of a breeding herd or breeding bovine animal is deemed to be “not negative”.

Article 13 amends article 22 of the 2013 Order to require a keeper of a breeding herd or breeding bovine animal to notify a “not negative” BVD finding or a BVDV test result to the keeper of any other breeding herd or breeding bovine animal kept on the same holding.

Article 15 inserts a new article 23A into the 2013 Order to require the keeper of a breeding herd or breeding bovine animal to notify certain persons about the current BVD finding prior to any movement of the herd or animal.

Article 16 inserts a new Part 4A into the 2013 Order containing the following provisions—

• New article 23B of the 2013 order prohibits or restricts the movement of breeding bovine animals or breeding herds until the keeper of those animals or herds has complied with the sampling and testing requirements under articles 11 and 14 of the 2013 Order;

• New article 23C of the 2013 Order prohibits or restricts the movement of qualifying calves until the keeper has complied with the sampling and testing requirements under article 15 of the 2013 Order; and

• New article 23D of the 2013 Order prohibits or restricts the movement of bovine animals infected with BVDV.

Article 17 amends article 24 of the 2013 Order to extend the powers and duties of the Scottish Ministers in respect of providing information about current BVD findings and BVDV test results.

This Order has been notified in draft to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services (OJ L 204, 21.7.1998, p.37), as last amended by Regulation (EU) No 1025/2012 (OJ L 316, 14.11.2012, p.12).

A business and regulatory impact assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Scottish Government Rural Affairs and Environment Directorate, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD.