The Bee Diseases and Pests Control (Scotland) Order 2007

Year2007

2007 No. 506

BEE DISEASES

The Bee Diseases and Pests Control (Scotland) Order 2007

Made 8th November 2007

Laid before the Scottish Parliament 9th November 2007

Coming into force 1st December 2007

The Scottish Ministers make the following Order in exercise of the powers conferred by section 1 of the Bees Act 19801and all other powers enabling them to do so.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Bee Diseases and Pests Control (Scotland) Order 2007 and comes into force on 1st December 2007.

(2) This Order extends to Scotland only.

S-2 Interpretation

Interpretation

2.—(1) In this Order–

“the Act” means the Bees Act 1980;

“appliances” means containers or any other equipment used in connection with keeping or transporting bees;

“bee pest” means any beetle, mite or similar organism in any stage of its life cycle that may be injurious to bees;

“field test kit” means a portable test kit that can confirm the presence of a disease;

“hive” means any receptacle that contains or has at any time contained a colony of bees;

“notifiable disease” means American foul brood or European foul brood;

“notifiable pest” means the small hive beetle (Aethina tumida) or any species of the Tropilaelaps mite;

“premises” includes any land or building; and

“vehicle” includes any vessel, boat, hovercraft or aircraft.

(2) Any notice or licence issued under this Order–

(a)

(a) must be in writing;

(b)

(b) may be subject to conditions; and

(c)

(c) may be suspended, amended or revoked by a notice at any time.

(3) Paragraph (2)(b) does not apply to a notice issued under article 10.

(4) A licence issued under this Order may be general or specific.

(5) The Scottish Ministers must bring a general licence issued under this Order to the attention of persons likely to be affected by it by publishing it in such manner as they consider necessary.

(6) Any reference in this Order to anything done in writing or produced in written form includes a reference to an electronic communication, as defined in the Electronic Communications Act 20002, which has been recorded and is consequently capable of being reproduced.

S-3 Notification of suspicion of a disease or pest

Notification of suspicion of a disease or pest

3.—(1) Any owner or person in charge of a hive who knows or suspects that–

(a)

(a) any bees from the hive are infected with a notifiable disease; or

(b)

(b) a notifiable pest is present in the hive; or

(c)

(c) a notifiable pest is present on or in the same premises or vehicle as the hive,

must immediately notify that fact to the Scottish Ministers.

(2) Any other person who–

(a)

(a) has possession or charge of; or

(b)

(b) discovers in the course of that person’s occupation,

a bee pest that that person knows or suspects is a notifiable pest must immediately notify that fact to the Scottish Ministers.

(3) Paragraph (2) does not apply to any person who has possession or charge of a bee pest, or who discovers a bee pest, in the course of that person’s occupation at a laboratory to which samples have been sent for testing for the purposes of this Order.

S-4 Prohibition on removal

Prohibition on removal

4.—(1) Where notification has been given under article 3(1), the owner or person in charge of the hive must not remove, or permit to be removed, from the premises or vehicle on or in which the hive is situated–

(a)

(a) any hive, bees, combs, bee products, bee pests, hive debris or appliances; or

(b)

(b) any other thing liable to spread the notifiable disease or the notifiable pest,

except for the purpose of submitting a sample under paragraph (2).

(2) The owner or person in charge of a hive may submit to the Scottish Ministers for laboratory tests samples of–

(a)

(a) any parts of the hive, bees, combs, bee products or hive debris, to establish whether they are infected with a notifiable disease or a notifiable pest;

(b)

(b) any bee pest to establish if it is a notifiable pest; or

(c)

(c) soil from the area surrounding the hive to establish if it is infected with a notifiable pest.

(3) If a notice is served under article 6(1) or (2), the prohibition on removal in that notice applies in place of the prohibition on removal in paragraph (1).

(4) In the absence of a notice served under article 6(1) or (2), the prohibition on removal in paragraph (1) applies until–

(a)

(a) an authorised person has served a notice confirming that that authorised person is satisfied that the bees are not infected with the notifiable disease or that the notifiable pest is not present in the hive or on or in the same premises or vehicle as the hive; or

(b)

(b) the owner or person in charge of the hive has been informed that the test results on samples submitted to the Scottish Ministers under paragraph (2) confirm that the material sampled is not infected by a notifiable disease or a notifiable pest or is not a notifiable pest.

(5) Any person who gives notification under article 3(2) must not remove, or permit the removal of, any bee pest or any other thing by which the notifiable pest is liable to be spread from the premises or vehicle on or in which it is situated, except for the purpose of submitting a sample under paragraph (6).

(6) Any person who gives notification under article 3(2) may submit to the Scottish Ministers for laboratory tests samples of–

(a)

(a) any bee pest to establish if it is a notifiable pest; or

(b)

(b) any other thing, including soil, to establish if it is infected with a notifiable pest.

(7) If a notice is served under article 6(1) or (2), the prohibition on removal in that notice applies in place of the prohibition on removal in paragraph (5).

(8) In the absence of a notice served under article 6(1) or (2), the prohibition on removal in paragraph (5) applies until–

(a)

(a) an authorised person has served a notice confirming that that authorised person is satisfied that the notifiable pest is not present; or

(b)

(b) the person who gave notification has been informed that the test results on samples submitted to the Scottish Ministers under paragraph (6) confirm that the material sampled is not a notifiable pest or is not infected with a notifiable pest.

(9) Any sample submitted under paragraph (2) or (6) must be packed in a way which prevents as far as possible the risk of the spread of infection during transit.

S-5 Marking of hives and appliances

Marking of hives and appliances

5.—(1) An authorised person may mark any hive or appliance for identification purposes.

(2) No person shall without reasonable excuse interfere with any identifying mark made under paragraph (1) or permit such a mark to be interfered with.

S-6 Notices prohibiting removal

Notices prohibiting removal

6.—(1) Where an authorised person has reasonable grounds to suspect that a notifiable disease or a notifiable pest is present on or in any premises or vehicle, that authorised person shall serve on the owner or person in charge of–

(a)

(a) any hive, bees, combs, bee products, bee pests, hive debris or appliances situated on or in the premises or vehicle; or

(b)

(b) any other thing situated on or in the premises or vehicle that is liable to spread the notifiable disease or the notifiable pest,

a notice prohibiting their removal and the removal of any bee pests contained in or affecting them from the premises or vehicle, except under the authority of a licence issued by the Scottish Ministers.

(2) Where an authorised person is obstructed in the exercise of the power of entry under section 2 of the Act, that authorised person may serve on the person appearing to that authorised person to be the owner or occupier of the premises or the owner or person in charge of the vehicle a notice prohibiting the removal from the premises or vehicle of–

(a)

(a) any hive, bees, combs, bee products, bee pests, hive debris or appliances; or

(b)

(b) any other thing liable to spread a notifiable disease or a notifiable pest.

(3) An authorised person shall serve a notice revoking a notice served under paragraph (2) if the power of entry under section 2 of the Act is subsequently exercised without obstruction.

S-7 Disease control measures

Disease control measures

7.—(1) The presence of a notifiable disease may be confirmed by an authorised person on the basis of a laboratory test result or a field test kit result.

(2) Where the presence of American foul brood has been confirmed in a hive, an authorised person–

(a)

(a) shall serve on the owner or person in charge of the hive a notice requiring the destruction in accordance with the notice of any bees, combs or bee products from the hive;

(b)

(b) may serve on the owner or person in charge of the hive a notice requiring the destruction or treatment in accordance with the notice of the hive, debris from the hive and any appliances or other things liable to spread the disease;

(c)

(c) may serve on any other person who is the owner or person in charge of any appliances or other things liable to spread the disease a notice requiring their destruction or treatment in accordance with the notice.

(3) Where the presence of European foul brood has been confirmed in a hive, an authorised person–

(a)

(a) shall serve on the owner or person in charge of the hive a notice requiring the destruction or treatment in accordance with the notice of any bees, combs or bee products from the hive;

(b)

(b) may serve on the owner or person in charge of the hive a notice requiring the destruction or treatment in accordance with the notice of the hive, debris from the hive and any appliances or other things liable to spread the disease;

(c)

(c) may serve on any other person who is...

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