Article 16 Measures applicable in respect of a temporary control zone

(1)

No person shall move any susceptible animal into or out of a temporary control zone, except where the movement is–

(a)

through the zone without stopping; or

(b)

necessary to complete a journey started before the creation of the zone.

(2)

Subject to paragraph (3), no person shall move any susceptible animal from or to premises in a temporary control zone (without leaving that zone) except to complete a journey started before the creation of that zone or under the authority of a licence granted by an inspector.

(3)

The Scottish Ministers may, after considering the factors in paragraph (4), declare that instead of the restriction in paragraph (2) all the following measures apply in a temporary control zone–

(a)

the occupier of any premises in the zone where susceptible animals are kept shall create and maintain a record in accordance with paragraph 1 of Schedule 2;

(b)

the occupier of any premises in the zone where susceptible animals are kept shall isolate animals in accordance with paragraph 3 of that Schedule; and

(c)

paragraphs 4 to 7 and 10 an 11 of that Schedule apply to premises in the zone where susceptible animals are kept.

(4)

When considering a declaration under article 15(1), the Scottish Ministers shall take into account the following factors in respect of the temporary control zone–

(a)

the density of the population of susceptible animals;

(b)

the intensity of movements of animals or persons having contact with susceptible animals;

(c)

any suspected delay in detecting suspicion of infection or contamination;

(d)

the information available to them as to the possible origin and method of introduction of the disease virus; and

(e)

any other factor they consider relevant in deciding whether such a declaration will help prevent the spread of disease and is reasonable in the circumstances.

(5)

The measures in paragraphs (2) and (3) apply–

(a)

subject to article 19(2)(b), and

(b)

in addition to any requirement or restriction which applies in any part of a temporary control zone because that part falls within–

(i)

a vaccination zone or vaccination surveillance zone, or

(ii)

a wild animal infected zone.

Notes on the whole SSI

Textual amendments

F1: 1981 c. 22, amended by the Animal Health Act 1981 (Amendment) Regulations 1992 (S.I. 1992/3293). The functions conferred under the 1981 Act on “the Ministers” (as defined in section 86 of that Act) are now exercisable by the Scottish Ministers. They were transferred, so far as exercisable within devolved competence, by virtue of section 53 of the Scotland Act 1998.