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The Bee Diseases and Pests Control (Scotland) Order 2007

Consolidated Text As Enacted Cited authorities 12 Cited in Amendments 4 Related
Vincent
JurisdictionScotland
CitationSSI 2007/506
Year2007
(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.(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.
must be in writing;may be subject to conditions; andmay 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 2000any bees from the hive are infected with a notifiable disease; ora notifiable pest is present in the hive; ora notifiable pest is present on or in the same premises or vehicle as the hive,has possession or charge of; ordiscovers in the course of that person’s occupation,(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.any hive, bees, combs, bee products, bee pests, hive debris or appliances; orany other thing liable to spread the notifiable disease or the notifiable pest,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;any bee pest to establish if it is a notifiable pest; orsoil 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) .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; orthe 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) .any bee pest to establish if it is a notifiable pest; orany 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) .an authorised person has served a notice confirming that that authorised person is satisfied that the notifiable pest is not present; orthe 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.(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.any hive, bees, combs, bee products, bee pests, hive debris or appliances situated on or in the premises or vehicle; orany other thing situated on or in the premises or vehicle that is liable to spread the notifiable disease or the notifiable pest,any hive, bees, combs, bee products, bee pests, hive debris or appliances; orany 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

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