Article 37 Declaration of restricted zone

(1)

The Scottish Ministers may, on confirmation of the disease on premises in Great Britain, declare a restricted zone in such part of Scotland of such size as they think fit to prevent the spread of the disease–

(a)

where, following a thorough epidemiological assessment, the Scottish Ministers, having consulted the Chief Veterinary Officer (Scotland), are of the opinion that, despite the measures already taken, the disease appears to be spreading; or

(b)

when emergency vaccination is implemented in Great Britain or any part thereof.

(2)

Where paragraph (1)(b) applies, the restricted zone shall cover at least the vaccination zone insofar as it is within Scotland.

(3)

The epidemiological assessment shall include consideration of the possible time and probable location of the introduction of disease to Great Britain, its possible spread and the probable period of time necessary to eradicate it.

(4)

An area shall remain a restricted zone (or part of one) until–

(a)

such date as may be stated in the declaration;

(b)

the Scottish Ministers amend the declaration to exclude that area; or

(c)

the Scottish Ministers revoke the declaration.

(5)

Any amendment or revocation of a declaration creating a restricted zone shall refer to that declaration and state the date and time it is to take effect.

(6)

Any premises which are partly inside and partly outside a restricted zone shall be deemed to be wholly inside that zone except premises which are also partly inside–

(a)

a temporary control zone;

(b)

a supplementary movement control zone;

(c)

a protection zone;

(d)

a surveillance zone;

(e)

a vaccination zone;

(f)

a vaccination surveillance zone; or

(g)

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.