The Bovine Viral Diarrhoea (Scotland) Amendment (No. 3) Order 2013

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

This Order correct errors in the Bovine Viral Diarrhoea (Scotland) Amendment (No. 2) Order 2013 and amends the Bovine Viral Diarrhoea (Scotland) Order 2013 (“the principal Order”).

The principal Order provides for all keepers of breeding bovine animals and breeding herds to take, or arrange to have taken, samples from their herds or animals and submit those for testing on an annual basis. Similar obligations apply in relation to keepers of (qualifying) calves born otherwise than into a breeding herd or to a breeding bovine animal. This is for the purpose of determining whether bovine viral diarrhoea virus (“BVDV”) is or may be present in the herd, animal or qualifying calf and, in respect of a herd or animal, this will generate a BVD status. In addition, the Scottish Ministers have powers and duties in respect of informing certain persons of the BVD status and the results of BVDV tests.

Article 2 revokes various provisions of the Bovine Viral Diarrhoea (Scotland) Amendment (No. 2) Order 2013 which are replaced by the amendments made by this Order.

Article 4 of this Order amends the definition of “BVD finding” in article 2 of the principal Order.

Article 5 of this Order amends article 20 of the principal Order to provide for the notification of BVDV test results by the operator of a laboratory under that provision.

Article 6 substitutes a new Part 4 of the principal Order, which makes provision for the BVD status of a breeding herd or a breeding bovine animal, including a change in the BVD status by an approved veterinary surgeon. It also places requirements on a keeper to notify a “not negative” BVD finding or BVDV test result to the keeper of any other breeding herd or breeding bovine animal kept on the same holding, as well as a requirement to notify certain persons about the BVD status prior to any movement of any animal forming part of the herd or a breeding bovine animal.

Articles 7 to 9 amend articles 23B(2)(c), 23C(3)(c) and 23D in consequence of article 6 so far as making provision for a change in BVD status by an approved veterinary surgeon.

Article 10 amends article 24(1) of the principal Order which sets out the duty of the Scottish Ministers to maintain a record of information notified or provided to them under various provisions of the principal Order.

The amendment made by article 6 of this Order, so far as inserting a new article 23 into the principal Order has been notified in draft to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services ( OJ L 204, 21.7.1998, p.37), as last amended by Regulation ( EU ) No 1025/2012 (OJ L 316, 14.11.2012, p.12).

No business and regulatory impact assessment has been prepared for this Order as no further impact on business, charities or voluntary bodies is foreseen.