
1 

(1) This Order may be cited as the Bovine Viral Diarrhoea (Scotland) Amendment Order 2025.
(2) This article and article 2 come into force on 1 July 2025.
(3) Article 3 comes into force on 1 February 2026.
(4) In this Order “the principal Order” means the Bovine Viral Diarrhoea (Scotland) Order 2019.
2 
The principal Order is amended as follows—
(a) in article 14 (ear tag samples of tissue)—
(i) in paragraph (1) for “paragraphs (3) and (4)” substitute “paragraph (3)”,
(ii) omit paragraph (4),
(b)  for article 31 (restrictions on the movement of animals where sampling obligations are missed) substitute—“
31 

(1) This article applies to the keeper of a breeding bovine animal which has no individual BVD status if, by the date of the first compliance deadline (set in accordance with article 11(1)), the keeper has failed to comply with the obligation in article 10(1).
(2) The keeper must not, during the relevant period, move (or arrange to move) the breeding bovine animal from the holding on which it is kept unless—
(a) the animal is being moved to slaughter,
(b) the movement is under a licence granted by a veterinary inspector or the Scottish Ministers, or
(c) an approved veterinary surgeon reasonably considers that further action or investigation has been carried out which confirms that BVDV is not present in the animal and has by notice under article 30 informed the keeper and the Scottish Ministers of that fact.
(3) In paragraph (2), “the relevant period” is the period—
(a) beginning with the date of the first compliance deadline, and
(b) ending on the date on which—
(i) the keeper has complied with the obligation in article 10(1), and
(ii) has received a notification under article 22(2) in respect of the sample taken.”,
(c)   for article 34 (restrictions on the movement of bovine animals onto a holding with a not negative herd) substitute—“
34 

(1) The keeper must not move (or arrange to move) any bovine animal onto a holding where a bovine animal with an individual BVD status of positive is present and has been kept on the holding for a period of more than 40 days, unless the movement is under a licence granted by a veterinary inspector or the Scottish Ministers.
(2) In calculating the period a bovine animal has been kept on the holding for the purposes of paragraph (1), any period during which the keeper does not know (and could not reasonably be expected to know) that the bovine animal has an individual BVD status of positive, or that the bovine animal is present on the holding, is to be disregarded.”,
(d) in article 35A (separation of bovine animals with an individual BVD status of positive)—
(i)  in paragraph (1) omit “breeding”, and
(ii) after paragraph (6) insert—“
(7) In this article “herd” means any group of two or more bovine animals.”.
3 

(1) The principal Order is amended as follows—
(a)  in article 2(1) (interpretation) for the definition of “qualifying calf” substitute—“
 “qualifying calf” means a calf of a bovine animal which is born—
(a) into a breeding herd to a dam which became part of the herd while the dam was pregnant with the calf,
(b) to a dam which—
(i) is a breeding bovine animal, and
(ii) moved onto the holding where the calf was born while the dam was pregnant with the calf, or
(c) otherwise than into a breeding herd or to a breeding bovine animal.”,
(b)   after article 33 (restrictions on the movement of animals off a holding with a not negative herd or a BVD positive animal) insert—“
33A 

(1) This article applies to the keeper of a breeding herd to which article 12 applies, where the keeper has failed to comply with the obligation in article 12(3).
(2) The keeper must not, during the relevant period, move (or arrange to move) any bovine animal onto the holding where the breeding herd to which article 12 applies is kept, unless the movement is under a licence granted by a veterinary inspector or the Scottish Ministers.
(3) In paragraph (2), “the relevant period” is the period—
(a) beginning with the day after the expiry of the period of 13 months starting on the date on which article 12 first applied to the breeding herd, and
(b) ending on the date on which article 12 ceases to apply to the breeding herd in accordance with article 12(2).”.
(2) The amendment made by paragraph (1)(a) does not apply in relation to a calf of a bovine animal born before 1 February 2026 into a breeding herd or to a breeding bovine animal.
JIM FAIRLIE
Authorised to sign by the Scottish Ministers
St Andrew's House
Edinburgh
10th June 2025