The Bluetongue (Scotland) Order 2012

Powers of inspection etc.

26.—(1) An inspector or officer of the Scottish Ministers may, for a relevant purpose—

(a)detain, isolate or restrain (or require the detention, isolation or restraint of) any animal;

(b)detain, examine or isolate (or require the detention, examination or isolation of) any thing;

(c)mark for identification purposes any animal, carcase or thing;

(d)require any person who knows about the movement of an animal to give details of that movement, and the details of any animal with which it has been in contact;

(e)require any occupier of premises or keeper of animals on premises to give details of animals either on those premises or on other premises where the occupier or keeper has animals;

(f)require the production of any record kept, in whatever form that record is held;

(g)copy any such record; or

(h)inspect and check the operation of any computer and associated apparatus or material used in connection with the making and keeping of records.

(2) A veterinary inspector may, for a relevant purpose—

(a)require the cleaning and disinfection of any part of premises, or of any person, animal, vehicle, vessel or thing on premises;

(b)require the testing of any animal;

(c)require the treatment of any animal; or

(d)require any occupier of premises or the keeper of animals on premises to—

(i)vaccinate (or allow the vaccination of) an animal;

(ii)retain an animal for use as a sentinel animal, or allow the introduction of a sentinel animal on to premises;

(iii)move an animal which has been moved other than in accordance with article 13, 16, 19 or 20, or in contravention of article 15, to a place specified by the veterinary inspector;

(iv)set traps for, and trap, midges;

(v)require or implement midge control measures; or

(vi)require the destruction, burial, disposal or treatment of any thing.

(3) A veterinary inspector, only, may, for a relevant purpose—

(a)examine any animal or carcase;

(b)carry out an epidemiological investigation relevant to the control of bluetongue; or

(c)carry out tests, and take samples (including blood samples) from any animal, carcase or thing, for the purpose of diagnosis or epidemiological investigation.

(4) For the purposes of this article and article 27, each of the following is a “relevant purpose”—

(a)monitoring or carrying out surveillance for—

(i)the bluetongue virus;

(ii)antibodies to the bluetongue virus; or

(iii)midges; or

(b)ensuring compliance with—

(i)this Order; or

(ii)the Commission Regulation.

(5) In this article “sentinel animal” means an animal that is used for the purpose of surveillance for the bluetongue virus which, when first introduced or retained at any premises for that purpose, does not have antibodies to the bluetongue virus of the strain in respect of which surveillance is being carried out.