The Food Protection (Emergency Prohibitions) (Wales) (No. 4) Order 1987 No. 1638


BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments


You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Food Protection (Emergency Prohibitions) (Wales) (No. 4) Order 1987 No. 1638
URL: http://www.bailii.org/uk/legis/num_reg/1987/uksi_19871638_en.html

[New search] [Help]


Order made by the Secretary of State, laid before Parliament under section 1(8) of the Food and Environment Protection Act 1985, for approval by resolution of each house of Parliament within twenty-eight days beginning with the day on which the Order was made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

Statutory Instruments

1987 No. 1638

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Wales) (No. 4) Order 1987

Made

17th September 1987

Laid before Parliament

17th September 1987

Coming into force

18th September 1987

Whereas the Secretary of State is of the opinion, as mentioned in section 1(1)(a) of the Food and Environment Protection Act 1985(1), that there has been or may have been an escape of substances of such descriptions and in such quantities and such circumstances as are likely to create a hazard to human health through human consumption of food;

And whereas the Secretary of State is of the opinion, as mentioned in section 1(1)(b) of the said Act, that in consequence of the said escape of substances food which is or may be in the future in the areas described in the Schedule to the following Order, or which is derived or may be in the future derived from anything in those areas, is, or may be, or may become, unsuitable for human consumption;

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by the said section 1(1) and (2) and section 24(1) and (3) of the said Act, and of all other powers enabling him in that behalf, hereby makes the following Order:

Title, commencement and interpretation

1.-(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Wales) (No. 4) Order 1987 and shall come into force on 18th September 1987.

(2) In this Order-

(a)"the Act" means the Food and Environment Protection Act 1985,

(b)"designated area" means an area described in the Schedule to this Order,

(c)"sheep" means an animal of the genus Ovis of whatever age or sex.

Designated incident

2. In the opinion of the Secretary of State, food in the areas described in the Schedule to this Order, or which is derived or may be in the future derived from anything in those areas, is, or may be, or may become unsuitable for human consumption in consequence of the following escape of substances:the escape on or after 26th April 1986 of radioactive substances from a nuclear powered reactor situated at Chernobyl in the Ukraine, USSR.

Designated areas

3. The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Act.

Activities prohibited in the designated areas

4.-(1) Subject to paragraph (2) below, no person shall in a designated area slaughter any sheep for human consumption or for use in the preparation of feeding stuffs.

(2) Paragraph (1) above shall not apply in the case of any sheep which-

(a)was moved from any place in accordance with a consent given under section 2(1) of the Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; and

(b)has been examined and marked by an ear-tag by a person authorised in that behalf by one of the Ministers(2).

Restrictions on movement

5.-(1) No person shall move any sheep from a farm, holding or agricultural premises situated in a designated area.

(2) Subject to paragraph (3) below, no person shall move into a designated area any sheep which has been removed from a designated area or from an area which is from time to time designated by an order other than this Order under section 1 of the Act which refers to the escape of substances described in article 2 of this Order.

(3) Paragraph (2) above shall not apply in the case of any sheep which was moved from any place in accordance with a consent given under section 2(1) of the Act which was subject to the condition that the sheep to which it applies should be marked with a red mark.

Restrictions throughout the United Kingdom

6.-(1) Subject to paragraph (2) below, no person shall, in the United Kingdom-

(a)slaughter for human consumption or for use in the preparation of feeding stuffs any sheep that was-

(i)in any of the areas numbered 1, 2 and 3 of the designated areas detailed in the Schedule to this Order at any time after 11 a.m. on 20th June 1986; or

(ii)in the area numbered 4 of the designated areas detailed in the said Schedule at any time after 9th July 1987; or

(iii)in any of the areas numbered 5, 6, 7 and 8 of the designated areas detailed in the said Schedule at any time after 10th August 1987; or

(iv)in any of the areas numbered 9, 10, 11 and 12 of the designated areas detailed in the said Schedule at any time after 27th August 1987; or

(v)in any of the areas numbered 13, 14 and 15 of the designated areas detailed in the said Schedule at any time after 17th September 1987, or

(b)supply, or have in possession for supply, any meat derived from a sheep, or any food which contains any such meat, if that sheep was-

(i)in any of the areas numbered 1, 2 and 3 of the designated areas detailed in the Schedule to this Order at any time after 11 a.m. on 20th June 1986; or

(ii)in the area numbered 4 of the designated areas detailed in the said Schedule at any time after 9th July 1987; or

(iii)in any of the areas numbered 5, 6, 7 and 8 of the designated areas detailed in the said Schedule at any time after 10th August 1987; or

(iv)in any of the areas numbered 9, 10, 11 and 12 of the designated areas detailed in the said Schedule at any time after 27th August 1987; or

(v)in any of the areas numbered 13, 14 and 15 of the designated areas detailed in the said Schedule at any time after 17th September 1987.

(2) Paragraph (1) above shall not apply in the case of-

(a)any sheep which was moved to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;

(b)any sheep which was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; or

(c)any sheep which-

(i)was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a red mark, with an apricot mark or with a green mark; and

(ii)has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.

Revocation

7. The Food Protection (Emergency Prohibitions) (Wales) (No. 3) Order (3) and the Food Protection (Emergency Prohibitions) (Wales) (No. 3) Amendment Order 1987(4) are hereby revoked.

Peter Walker

Secretary of State for Wales

17th September 1987

Article 3

SCHEDULEDESIGNATED AREAS

1. An area comprising that part of the County of Powys which lies within the following boundary-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

2. An area comprising that part of the County of Gwynedd which lies within the following boundary-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

3. An area comprising that part of the County of Gwynedd which lies within the following boundary-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

4. An area comprising that part of the County of Gwynedd which lies within the following boundary-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

5. An area comprising that part of the County of Gwynedd which lies within the following boundary-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

6. An area comprising that part of the County of Gwynedd which lies within the following boundary-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

7. An area comprising that part of the County of Gwynedd which lies within the following boundary-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

8. An area comprising that part of the County of Gwynedd which lies within the following boundary-

The are excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

9. An area comprising that part of the County of Gwynedd which lies within the following boundary-From where the fence meets Llyn Crafnant at OS map reference SH 751614, generally south-westwards along the edge of Llyn Crafnant to where it is met by a forest fence at OS map reference SH 748611; generally north-westwards along the forest fence to its junction with a fence at OS map reference SH 742620; generally northwards along the fence to OS map reference SH 742625; generally westwards along the fence passing through OS map reference SH 740624 to OS map reference SH 737624; generally northwards along the fence to where it meets Llyn Cowlyd Reservoir at OS map reference SH 737631; generally northwards along the edge of Llyn Cowlyd Reservoir to where it meets a fence along the Afon Ddu at OS map reference SH 739633; generally north-eastwards along the fence along the course of the Afon Ddu passing through OS map references SH 757649 and SH 759651; and continuing along the course of the Afon Ddu to the bridge on the B5106 at OS map reference SH 775663; generally southwards along the B5106 passing through OS map references SH 779652, SH 780644 and SH 780639 to the junction of the B5106 with an unmarked road at OS map reference SH 780636; southwards along the unmarked road to the junction with the unmarked roads at OS map reference SH 779632; westwards along an unmarked road passing through OS map reference SH 778632 to OS map reference SH 769631; then generally south-westwards to where the unmarked road meets the Afon Crafnant at OS map reference SH 757620; then south-westwards along the course of the Afon Crafnant to where it meets the Llyn Crafnant at OS map reference SH 753616 and then along the western edge of Llyn Crafnant to where it meets with the fence at OS map reference SH 751614.

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

10. An area comprising that part of the County of Gwynedd which lies within the following boundary-From where the weir of Llyn Celyn and a track meet at OS map reference SH 877398 generally southwards along the track to OS map reference SH 880394 then southwards along the fence passing through OS map references SH 878390 and SH 879387; generally north-westwards and westwards along the fence passing through OS map references SH 878387, SH 877390, SH 876391, SH 875390 and SH 874389; generally south-westwards along the fence to OS map reference SH 875387; generally westwards along the fence passing through OS map references SH 872385, SH 870385, SH 867384, SH 867383 to SH 864384; generally south-westwards along the fence crossing an unmarked road at OS map reference SH 864383 and crossing Nant Aberbleidoyn at OS map reference SH 863382 and passing through OS map reference SH 863380 to OS map reference SH 861374; generally south-eastwards along the fence to OS map reference SH 865370; generally south-westwards along the fence passing through OS map references SH 865369, SH 864367 and SH 863366; generally westwards along the fence passing through OS map reference SH 858367 to where it meets Nant Hir at OS map reference SH 853367; generally westwards along the fence following the course of Nant Hir then Pistyll Gwyn through OS map references SH 850369 and SH 846367 to its junction with a fence at OS map reference SH 845367; generally southwards along the fence passing through OS map references SH 848365 and SH 847360 to where it meets the Afon Llafar at OS map reference SH 847353; generally westwards along the fence following the course of Afon Llafar to its junction with a fence at OS map reference SH 845353; generally southwards along the fence passing through OS map references SH 844352, SH 844350, SH 845348, SH 843346, SH 844346 and SH 842344; generally westwards along the fence passing through OS map reference SH 840344 to its junction with a fence at OS map reference SH 833343.

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

11. An area comprising that part of the County of Clwyd which lies within the following boundary-From where the fence meets the County Boundary at OS map reference SH 881482 south-eastwards along the fence to OS map reference SH 884478; along the fence in a north-easterly direction to OS map reference SH 888480; southwards to where the fence meets the Nant Tyr'nyr-erw at OS map reference SH 889479; eastwards along the fence to OS map reference SH 893479; southwards along the fence to OS map reference SH 894477; generally south-eastwards, passing through OS map references SH 895477, SH 896476 and SH 898476 to where the fence meets the unmarked road at OS map reference SH 898475; south-westwards along the unmarked road to the junction with another unmarked road near Tyn-y-rhos; generally south-eastwards along the unmarked road to where it meets the fence on the County Boundary at OS map reference SH 903467; generally south-westwards along the fence following the County Boundary to OS map reference SH 871446; north-westwards following the fence on the County Boundary to OS map reference SH 867451; generally north-eastwards along the fence following the County Boundary to where it meets the fence at OS map reference SH 871482 near Copa Ceiliog.

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

12. An area comprising that part of the County of Clwyd which lies within the following boundary-From where the fence meets the County Boundary and unmarked road at OS map reference SH 861497; generally north-eastwards to the junction of the unmarked road with an unmarked mountain road and gate at OS map references SH 862499, continuing along the track in a north-easterly direction to OS map reference SH 867499; generally southwards along the track to where it meets with a fence at OS map reference SH 868496; generally south-eastwards along the fence to OS map reference SH 877487; south-westwards to where the fence meets the County Boundary at OS map reference SH 875485 near Copa Ceiliog; generally north-westwards following the fence on the County Boundary to where it meets an unmarked road at OS map reference SH 861497.

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

13. An area comprising that part of the County of Gwynedd which lies within the following boundary-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

14. An area comprising that part of the County of Gwynedd which lies within the following boundary-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

15. An area comprising that part of the County of Gwynedd which lies within the following boundary-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

Explanatory Note

(This note is not part of the Order)

This Order replaces in relation to areas of land in Wales the Food Protection (Emergency Prohibitions) (Wales) (No. 3) Order 1987 ("the preceding order"). It contains emergency prohibitions restricting various activities in order to prevent human consumption of food which has been or which may have been rendered unsuitable for that purpose in consequence of the escape of radioactive substances from a nuclear reactor situated at Chernobyl in the USSR.

The Order designates areas of land in Wales affected by the escape from which the movement of sheep, and in which the slaughter of sheep, are prohibited (articles 3, 4, 5(1) and the Schedule). These areas comprise the areas designated by the preceding order together with three other areas. All these other areas are in the County of Gwynedd and are respectively numbered 13, 14 and 15 in the Schedule. The prohibition on slaughter in the designated areas does not apply to any sheep identified by a red paint mark which have been examined and subsequently marked by an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food or the Secretary of State (article 4(2)). Movement into a designated area of sheep which have been removed from it or from a similarly designated area elsewhere in the United Kingdom (other than sheep which have been identified by a red paint mark, and moved, in accordance with a Ministerial consent) is prohibited (article 5(2)).

Restrictions on the slaughter of sheep which were-

(a)in any of the designated areas numbered 1, 2 and 3 in the Schedule after 11 a.m. on 20th June 1986;

(b)in the designated area numbered 4 in the Schedule after 9th July 1987;

(c)in any of the designated areas numbered 5, 6, 7 and 8 in the Schedule after 10th August 1987;

(d)in any of the designated areas numbered 9, 10, 11 and 12 in the Schedule after 27th August 1987; and

(e)in any of the designated areas numbered 13, 14 and 15 in the Schedule after 17th September 1987,

and the supply of meat derived from such sheep, extend throughout the United Kingdom (article 6(1)). This order replaces restrictions which-

(a)as regards the areas mentioned in (a) above have been in force since 11 a.m. on 20th June 1986,

(b)as regards the area mentioned in (b) above have been in force since 10th July 1987,

(c)as regards the areas mentioned in (c) above have been in force since 11th August 1987, and

(d)as regards the areas mentioned in (d) above have been in force since 28th August 1987.

The said restrictions on slaughter and supply imposed by article 6(1) shall not apply to any sheep-

(a)which have been moved unmarked to a market in accordance with a Ministerial consent;

(b)identified by a blue paint mark and which have been moved in accordance with a Ministerial consent; or

(c)identified by a red, apricot or green paint mark which have been examined and subsequently marked with an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food or the Secretary of State and which have been moved in accordance with a Ministerial consent (article 6(2)).

Under Section 21 of the Food and Environment Protection Act 1985 the penalty for contravening an emergency prohibition is-

(a)on summary conviction, a fine of an amount not exceeding the statutory maximum (at present £2,000);

(b)on conviction on indictment, an unlimited fine, or imprisonment for a term of not more than two years or both.

Powers of enforcement in relation to emergency prohibitions are conferred by section 4 of, and Schedule 2 to, the 1985 Act. Obstruction of enforcement officers is an offence under paragraph 10 of that Schedule.

Maps showing the designated areas are available for inspection during normal office hours at the offices of the Welsh Office Agriculture Department at Penrallt, Caernarfon, Gwynedd LL55 1EP; Government Buildings, Spa Road East, Llandrindod Wells, Powys LD1 5HA; Station Road, Ruthin, Clwyd LL15 1BP and Cathays Park, Cardiff, South Glamorgan CF1 3NQ.

(2)

The definition of "the Ministers" is in section 24(1) of the Food and Environment Protection Act 1985.

(3)

S.I. 1987/1515.

(4)

S.I. 1987/1553.


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/1987/uksi_19871638_en.html