Tuberculosis (Scotland) Amendment Order 2022: business and regulatory impact assessment

Enforcement, sanctions and monitoring

APHA, as Scottish Government's operational delivery partner, are responsible for all aspects of disease control for bovine TB for reported or suspected cases of disease (inspections, test notifications, testing, reactor removal, valuation and payment of compensation) including any follow up in relation to non-compliance and all activity associated with the judicial process.

Local authorities are responsible for enforcement of the Tuberculosis (Scotland) Order 2007 under the Animal Health Act 1981 due to the potential health risk to both humans and animals as a result of non-compliance with the rules.

Scottish Ministers are required to pay compensation for any bovine animals slaughtered in relation to bovine TB under section 32 of the Animal Health Act. Where a keeper has acted illegally or failed to comply with the statutory testing requirements for their herd, and powers would be available to either withhold (£1 nominal payment) or reduce the amount of compensation paid, depending on the circumstances. It is considered only fair and reasonable that where a keeper has knowingly broken the rules, they should not then be able to recover the full market value for animals that become diseased and are slaughtered as a result of their poor farming practices or non-compliance.

This TB Order is made under the Animal Health Act and so inspector powers of entry, testing, seizure and slaughter are all contained in that Act. Obstruction of inspectors in exercise of their duties and non-compliance with any requirements of the Order will be prosecuted under the Animal Health Act. A person guilty of an offence under the Animal Health Act is liable on summary conviction to a term not exceeding 6 months imprisonment or to a fine not exceeding level 5 on the standard scale or to both.

For this change, there would be an amendment to article 26 of the TB order to require those who are taking samples with the intention of applying a diagnostic test for TB to request consent from the Scottish Ministers.