Article 33 Measures applicable in respect of protection zones and surveillance zones
The measures in Parts 1 and 2 of Schedule 4 apply in respect of a protection zone and those in Parts and 3 of Schedule 4 apply in respect of a surveillance zone.
The Scottish Ministers may declare that any other measure they think fit so as to prevent the spread of disease shall apply in respect of the whole or any part of any protection zone or surveillance zone and any such measure shall then apply in respect of that protection zone or surveillance zone or that part of it.
The Scottish Ministers shall not make a declaration under paragraph (2), unless they are satisfied that the measures to be applied by that declaration are–
necessary to prevent the spread of disease; and
a proportionate method of preventing such spread, taking into account the epidemiological, animal husbandry, commercial and social conditions in the protection zone or surveillance zone.
If the Scottish Ministers restrict the movement of horses in a surveillance zone by a declaration under paragraph (2), they shall take into account the recommended measures in paragraph 2.2 of Annex VI to the DirectiveF1, reading that paragraph as if—
in point 2.2.2, the words “established in accordance with Article 21” were omitted,
in point 2.2.4, the reference to “Articles 4 and 10” of the Directive was a reference to provision in this Order implementing those Articles
An area shall remain a protection zone or surveillance zone until the declaration creating it is amended or revoked in accordance with article 36.
Annotations
Textual amendments
- F1
Art. 33(4)(a)(b) and words inserted (31.12.2020) by The Animal Health (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/71), regs. 1(1)(b), 14(5); 2020 c. 1, Sch. 5 para. 1(1)
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.