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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2003 No. 254

ANIMALS, ENGLAND

ANIMAL HEALTH

Disease Control (Interim Measures) (England) Order 2003

  Made 10th February 2003 
  Coming into force 4th March 2003 


ARRANGEMENT OF ARTICLES

1. Title, extent, commencement and cessation
2. Interpretation
3. Restrictions on the movement of animals
4. Restrictions on movements to slaughterhouses
5. Sole occupancy groups
6. Licences, permits and authorisations
7. Licences issued in Scotland or Wales
8. Notices prohibiting movement under a general licence
9. Specific licences
10. General licences
11. Copies of licences
12. Compliance with licences, etc.
13. Cleansing and disinfection
14. Change of occupation of premises
15. Enforcement
16. Revocations

  SCHEDULE 1 MOVEMENTS OFF PREMISES WHICH ARE PERMITTED DURING THE STANDSTILL PERIOD

  SCHEDULE 2 MOVEMENTS ON TO PREMISES THAT DO NOT TRIGGER THE STANDSTILL PERIOD

The Secretary of State, in exercise of the powers conferred on her by sections 1, 7, 8(1) and 83 of the Animal Health Act 1981[
1], makes the following Order:

Title, extent, commencement and cessation
     1. This Order may be cited as the Disease Control (Interim Measures) (England) Order 2003; it extends to England, comes into force on 4th March and ceases to have effect on 1 August 2003.

Interpretation
    
2. In this Order - 

Restrictions on the movement of animals
     3.  - (1) No person shall move an animal from any premises unless - 

    (2) Notwithstanding paragraph (1), animals may be moved off premises during the standstill period if - 

    (3) The standstill period is not triggered by a movement on to premises if it is a movement specified in Schedule 2.

    (4) The requirement for a licence in paragraph (1)(a) does not apply to any movement authorised by a licence under article 10 of the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No. 2) Order 2002[
3] (licences relating to pet pigs).

    (5) The requirements of paragraph (1) do not apply to a movement - 

Restrictions on movements to and from slaughterhouses
     4. No person shall - 

Sole occupancy groups
    
5. The Secretary of State may authorise sets of premises as sole occupancy groups if she is satisfied that the premises are linked in terms of their control.

Licences, permits and authorisations
    
6.  - (1) Any licence, permit or authorisation under this Order shall be in writing, may be general or specific, may be subject to conditions and may be varied, suspended or revoked at any time by notice in writing issued - 

    (2) In deciding whether to issue a licence under article 3(1)(a) or a permit under article 3(2) an inspector or a veterinary inspector shall comply with any instructions issued by the Secretary of State.

Licences issued in Scotland or Wales
    
7. A licence issued by the competent authority in Scotland or Wales for the purpose of the movement of animals operates in England as if it had been granted under this Order.

Notices prohibiting movement under a general licence
    
8.  - (1) Where a general licence has been issued under article 3(1)(a), the Secretary of State may issue a notice prohibiting - 

    (2) A notice may only be issued under paragraph (1) on the advice of an inspector, who must be of the opinion that - 

    (3) A notice issued under paragraph (1)(a) shall be served on the occupiers of each of the premises specified in the notice and in any other way that the Secretary of State thinks fit to draw the notice to the attention of persons affected by it.

    (4) A notice issued under paragraph (1)(b) shall be served on the person prohibited from moving animals by the notice and on the occupiers of any premises individually named in the notice.

    (5) A notice shall be in writing, may be subject to conditions and may be amended, suspended or revoked at any time by further notice by the Secretary of State.

Specific licences
    
9.  - (1) An animal moved under a specific licence shall - 

    (2) The person in charge of any animal moved under a specific licence shall, on demand made by a constable or by an inspector or other officer of the Secretary of State or of a local authority - 

    (3) Every animal which is moved under the authority of a licence under this Order shall be kept separate throughout such movement from any animal which is not being moved under the authority of that licence.

    (4) Where animals are moved under a specific licence, then, unless the licence provides otherwise, the occupier of premises which they are moved on to shall - 

General licences
    
10. Where animals are moved under a general licence, and that licence requires the person moving the animals to have a movement document, the occupier of premises which they are moved on to shall - 

Copies of licences
    
11. Where an inspector of a local authority issues a licence under article 3(1)(a), he shall retain a copy of the licence for six months.

Compliance with licences, etc.
    
12. If any person fails to comply with a licence, permit, authorisation or notice issued under this Order an officer of the Secretary of State or an inspector may arrange for it to be complied with at the expense of the person in default.

Cleansing and disinfection
    
13.  - (1) A licence issued under article 3(1)(a), a permit issued under article 3(2) or an authorisation under article 5 may specify requirements for the cleansing and disinfection of any vehicle used for moving animals additional to the requirements of the Transport of Animals (Cleansing and Disinfection) (England) Order 2003[6].

    (2) The person responsible for moving animals shall ensure, except where the licence, authority or permit provides otherwise, that all the requirements relating to cleansing and disinfection are met as soon as possible after the animals have been unloaded and, in any case, before the vehicle is moved from the premises to which the animals have been moved.

    (3) Where animals are moved under a licence, the occupier of the premises which they are moved on to shall provide adequate facilities, equipment and materials for any cleansing and disinfection required by the licence.

Change of occupation of premises
     14.  - (1) Where, on the termination of his right of occupation of any premises, the owner of any animal on those premises is unable to remove it from those premises by reason of any restriction imposed by or under this Order, the person entitled to the occupation of those premises shall - 

    (2) The provisions of paragraph (1) shall continue to apply until the expiration of a period of 7 days from the date on which any restriction on the movement of the animal off the premises ceases to apply and the owner of the animal shall be liable to pay to the person who affords any facilities or feeds, tends or otherwise keeps that animal, in accordance with those provisions, such sums by way of remuneration and reimbursement of expenses as may be just and reasonable in all the circumstances.

Enforcement
    
15. This Order shall be enforced by the local authority or the Secretary of State.

Revocations
    
16. The following are revoked - 


Whitty
Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs

10th February 2003



SCHEDULE 1
Article 3(2)(a)


MOVEMENTS OFF PREMISES WHICH ARE PERMITTED DURING THE STANDSTILL PERIOD


Movement for veterinary treatment, etc.
     1.  - (1) The movement of an animal to a place for veterinary treatment.

    (2) The movement of an animal from a place for veterinary treatment provided the animal has not come into contact with other animals while at the place of treatment.

    (3) The movement of an animal to a laboratory for diagnostic tests to be carried out to ascertain whether the animal is affected by or has been exposed to a disease.

Movement for slaughter
     2. The movement of an animal direct to a slaughterhouse.

     3. The movement of a pig to a market for pigs intended for immediate slaughter.

     4. The movement of an animal to a collecting centre for animals intended for immediate slaughter, provided that - 

Movement for artificial insemination
     5. The movement of cattle or pigs to an artificial insemination centre.

     6. The movement of sheep or goats to an artificial insemination centre provided they have been isolated from all other animals for 6 days before departure.

Animals for export
     7. The movement of an animal for direct export or to a collecting centre or assembly centre approved under regulation 12(2) of the Animal and Animal Products (Import and Export) (England and Wales) Regulations 2000 prior to such export.

Movement within a sole occupancy group
     8. The movement of animals between premises in a sole occupancy group.

Common land
     9.  - (1) The movement of an animal between land over which the owner or keeper of the animal has a registered right of common and - 

    (2) The movement of an animal between premises occupied by the owner or keeper of the animal and in relation to which a registered right of common over land is customarily exercised and premises occupied by any other person who has a registered right of common over that land and in relation to which the registered right of common of that other person is customarily exercised.

    (3) In this paragraph "registered right of common" means a right of common registered under the Commons Registration Act 1965[
10] or a right of common which is exempt from such registration but which is registered, designated, attached, or otherwise recognised, continued or preserved under and in accordance with any of the New Forest Acts 1854, 1949, 1964 and 1970, the Epping Forest Acts 1878 [11] and 1880 [12] or the City of London (Various Powers) Act 1977[13] or any like right or permission exercised in the Forest of Dean.

Movement of pigs for breeding, etc.
     10.  - (1) The movement of a pig intended for breeding or growing in accordance with article 8(3)(b) of the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No. 2) Order 2002.

    (2) The movement of a pig intended for breeding other than in accordance with paragraph (1) if that pig has been placed in an isolation facility approved for this purpose by a veterinary inspector for 20 days prior to the movement.

Movement of pigs to shows or exhibitions
     11. The movement of a pig being moved to a show or exhibition if it is isolated for 20 days prior to the movement taking place in premises approved for this purpose by a veterinary inspector.

Vehicles dropping off other animals
     12. Movement of an animal which is on a vehicle which enters premises to drop off other animals, provided it has not left the means of transport while on the premises.

Deer
     13. The movement of deer off any premises.



SCHEDULE 2
Article 3(3)


MOVEMENTS ON TO PREMISES THAT DO NOT TRIGGER THE STANDSTILL PERIOD


Arrival at a market, etc.
     1. The movement of an animal on to a market, collecting centre, artificial insemination centre, show or exhibition.

Movement of a pig under the Pigs (Records, Identification and Movement) Order 2002
     2. Movement of a pig where that movement is as referred to in article 8(3)(b) of the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No. 2) Order 2002.

Movement of a pig for breeding purposes
     3.  - (1) Arrival of a pig for breeding (other than one being moved under article 8(3)(b) of Pigs (Records, Identification and Movement) (Interim Measures) (England) (No. 2) Order 2002 on the breeding premises provided - 

    (2) Movement of a pig (other than one being moved under article 8(3)(b) of Pigs (Records, Identification and Movement) (Interim Measures) (England) (No. 2) Order 2002 which is being returned to those premises from a place to which it had been moved for breeding, provided that - 

Return of a pig from a show or exhibition
     4. The return of a pig from a show or exhibition to the premises from which it was consigned to that show or exhibition provided that it is isolated for 20 days after its return in premises approved for this purpose by a veterinary inspector.

Artificial insemination centres
     5. Arrival of cattle which are being returned to those premises from an artificial insemination centre.

     6. Arrival of pigs which are being returned to those premises from an artificial insemination centre provided they are isolated from all other animals for 20 days after their return.

     7. Arrival of sheep or goats which are returning from an artificial insemination centre provided - 

Imported animals
     8.  - (1) The arrival of an imported animal at its point of entry into England.

    (2) Movement of an animal from its point of entry into the United Kingdom following its import from another member State.

Movement within a sole occupancy group
     9. The movement of animals between premises in a sole occupancy group.

Vehicles collecting other animals
     10. Movement of an animal brought on to premises in a vehicle to collect other animals provided that the animal is not unloaded at those premises.

Arrival from veterinary treatment, etc.
     11. The arrival of sheep, goats, cattle or pigs being returned to those premises from a place for veterinary treatment or of any offspring to which they have given birth while there provided that, in the case of pigs, they are isolated from other animals for 20 days following their return.



EXPLANATORY NOTE

(This note is not part of the Regulations)


This Order revokes and replaces the Disease Control (Interim Measures) (England) (No. 2) Order 2002.

It provides that cattle, deer, goats pigs and sheep may not be moved without a licence, and provides that these animals (with the exception of deer) may not be moved from premises if cattle, goats or sheep have been moved on to those premises in the previous 6 days, or if pigs have been moved on in the previous 20 days. It also provides for exceptions from these requirements (article 3 and Schedules 1 and 2).

It controls movement of animals to slaughterhouses (article 4) and provides for sets of premises to be linked together as sole occupancy groups (article 5).

It makes provisions for licences, permits and authorisations, and empowers the Secretary of State to serve notices removing individual premises or people from operating under a general licence (articles 6 to 12).

It provides for disinfection of vehicles (article 13).

It provides for change of occupation of premises affected by the Order (article 14).

It is enforced by the local authority (article 15).

Breach of the Order is an offence under section 73 of the Animal Health Act 1981, punishable in accordance with section 75 of that Act.

A partial regulatory impact assessment is being prepared for this Order and will be placed in the library of each House of Parliament as soon as it is available. Copies will be available from the Department for Environment, Food and Rural Affairs, Animal Movements and Exotic Diseases Division, 1A Page Street, London SW1P 4PQ.


Notes:

[1] 1981 c. 22. Functions conferred under the 1981 Act on "the Ministers" (as defined in section 86 of that Act) were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) and were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back

[2] S. I. 1995/539 as last amended by S. I. 2002/118.back

[3] S. I. 2002/2154 as amended by S. I. 2003/28.back

[4] S. I. 1983/1950 as last amended by S. I. 2001/4029.back

[5] 1981 c. 37.back

[6] S. I. 2003/255.back

[7] S. I. 2002/2152.back

[8] S. I. 2002/2300.back

[9] S. I. 2003/30.back

[10] 1965 c. 64.back

[11] 1878 c. CCXIII (41 & 42 Vict.).back

[12] 1880 c. CXXX (23 & 44 Vict.).back

[13] 1977 c.CXV.back



ISBN 0 11 045015 9


 
© Crown copyright 2003
Prepared 6 March 2003


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URL: http://www.bailii.org/uk/legis/num_reg/2003/20030254.html