Control of diseases of animals
Animal disease has an impact on food production and human health, so since 1866 control of diseases of animals (by vaccination, slaughter, prohibition of movement and other actions) has been a local authority responsibility.
From 1866, commissioners of supply were responsible for these measures.[1] In 1869, however, new local authorities were established, consisting of between four and fifteen commissioners of supply and an equal number of elected representatives of occupiers of agricultural lands along with the lord-lieutenant, convenor and sheriff of the county. [2] These local authorities were entitled to ask the commissioners of supply for funds which were raised through a local rate. Their costs were mainly compensation to owners of slaughtered animals. These responsibilities were transferred to county councils under the Local Government (Scotland) Act 1889 and burghs with a population less than 7,000 ceased to have powers under the Contagious Diseases (Animals) Acts or the Destructive Insects Act 1877 but were instead considered part of the county for these purposes.[3]
In 1930 these responsibilities were given to county councils and town councils of large burghs and small burghs, with the caveat that this could be transferred from small burghs to county councils by an order of the Secretary of State for Scotland.[4] Following local government reorganisation in 1975, this responsibility was transferred to regional and islands councils.[5] From 1996 the unitary councils had these responsibilities.[6]
The detail of the specific responsibilities, which changed in accordance with new developments in science, technology and trade, can be found in the many acts of parliament repealed by the Diseases of Animals Act 1950 and related statutory instruments and secondary regulations.[7] The current legislation in force is the Animal Health Act 1981 which requires local authorities to appoint inspectors, enables them to provide various facilities and places the cost of disposing of carcasses washed up on shores on the local authority.[8]
Compiler: Elspeth Reid (2021)
Related Knowledge Base entries
Local authorities under the Contagious Diseases (Animals) Acts
Bibliography
Evans, A. A. L., ‘Health’ in Source book and history of administrative law in Scotland ed. by M. R. McLarty (Hodge, 1956) pp. 130-47
Haythornthwaite, J. A., N. C. Wilson and V. A. Batho, Scotland in the Nineteenth Century: an analytical bibliography of material relating to Scotland in Parliamentary Papers, 1800-1900 (Scolar Press, 1993)
Slevin, John, ‘Rural Administration’ in Source book and history of administrative law in Scotland ed. by M. R. McLarty (Hodge, 1956) pp. 13-28
Whyte, W. E., Local Government in Scotland (Hodge & Co, 1936)
References
[1] Cattle Diseases Prevention Act 1866 (29 & 30 Vict. c.2) s.5.
[2] Contagious Diseases (Animals) Act 1869 (32 & 33 Vict. c.70).
[3] Destructive Insects Act 1877 (40 & 41 Vict. c.68); Local Government (Scotland) Act 1889 (52 & 53 Vict. c.50).
[4] Local Government (Scotland) Act 1929 (19 & 20 Geo. V c.25) Sch.1.
[5] Local Government (Scotland) Act 1973 (c.65) s.144; Animal Health Act 1981 (c.22).
[6] Local Government etc (Scotland) Act 1994 (c.39).
[7] Diseases of Animals Act 1950 (14 Geo. VI c.36) Sch. 5.
[8] Animal Health Act 1981 (c.22)