
1 
This Order may be cited as the Bovine Viral Diarrhoea (Scotland) Amendment Order 2013 and comes into force on 9th February 2013.
2 
The Bovine Viral Diarrhoea (Scotland) Order 2013 is amended in accordance with articles 3 to 7.
3 
In article 9 (obligations to sample and submit for testing)—
(a) in paragraph (1), after “comply with” insert “the obligations, so far as applicable to that keeper, in”; and
(b) after paragraph (1) insert—“
(1A) Paragraph (1) does not apply in the case of a breeding bovine animal which, so far as known by the keeper, is a bovine animal which has previously tested negative for the presence of BVDV or is the maternal antecedent of any animal which has previously tested negative for the presence of BVDV.”.
4 
In article 11 (taking of samples)—
(a) in paragraph (1) omit “or breeding bovine animal”;
(b) after paragraph (5) insert—“
(5A) The keeper of a breeding bovine animal must take (or arrange to have taken) from the animal—
(a) an ear tag sample of tissue taken in accordance with paragraphs (6) and (7A); or
(b) a sample of blood.”;
(c) for paragraph (6)(b)(ii) substitute—“
(ii) in the case of a sample taken from a breeding bovine animal or a bovine animal in a breeding herd, is notified along with the animal’s ear tag number required by article 14(3)(b)(v), (va) or (vi) when the sample is submitted.”;
(d) in paragraph (7), omit “or breeding bovine animal”; and
(e) after paragraph (7) insert—“
(7A) For the purposes of paragraph (5A) the keeper of a breeding bovine animal must not take (or arrange to have taken) an ear tag sample of tissue from that animal if such a sample has previously been collected from a management tag from it.”.
5 
For article 12(1) (decision on type of sample to take) substitute—“
(1) Subject to paragraph (2)—
(a) the keeper of a breeding herd may take and submit (or arrange to have taken and submitted) a sample or samples described in article 11(2) (other than a sample described in article 11(2)(d)) without consulting a veterinary surgeon;
(b) the keeper of a breeding bovine animal may take and submit (or arrange to have taken and submitted) a sample as described in article 11(5A) (other than a sample described in article 11(5A)(b)) without consulting a veterinary surgeon.”.
6 
In article 14(3) (submission of samples), after sub-paragraph (b)(v) insert—“
(va) in the case of a sample described in article 11(5A), the ear tag numbers from ear tags applied under the 2007 Regulations to the animal from which the sample derives;”.
7 
In article 17(5) (duties of operators of approved laboratories – breeding herds or breeding bovine animals), after sub-paragraph (g) omit “and” and insert—“
(ga) in the case of a sample described in article 11(5A), the ear tag numbers from ear tags applied under the 2007 Regulations to the animal from which the sample derives; and”.
RICHARD LOCHHEAD
A member of the Scottish Government
St Andrew’s House,
Edinburgh
24th January 2013