Article 31 Declaration of protection zones and surveillance zones on confirmation of the disease in England or Wales

(1)

This article applies if the Scottish Ministers are satisfied that the disease is present in England or Wales.

(2)

If the Scottish Ministers are satisfied that the disease is present at premises (other than a slaughterhouse or F1border control post) in England which are within 10km of the border with Scotland they shall declare a surveillance zone in Scotland; if the premises are within 3km of the border they shall be under a duty also to declare a protection zone, otherwise, they may do so.

(3)

If the Scottish Ministers are satisfied that the disease is present at–

(a)

any premises in England or Wales further than 10km from the border with Scotland; or

(b)

a slaughterhouse or border control post in England within 10km of the border with Scotland,

they may declare a protection zone, a surveillance zone, or both, in Scotland.

(4)

A zone declared under this article shall be of such size as the Scottish Ministers think fit so as to prevent the spread of disease.

(5)

A declaration under this article shall designate the extent of any zone declared and such extent may include part of the border with England.

F2(6)

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Annotations

Textual amendments

F1: Words in art. 31(2)(3) substituted (14.12.2019) by The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 17(8)(a)
F2: Art. 31(6) omitted (14.12.2019) by virtue of The Official Controls (Agriculture etc.) (Scotland) Regulations 2019 (S.S.I. 2019/412), regs. 1(1), 17(8)(b)

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.