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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> Disease Control (Interim Measures) (England) (No. 2) Order 2003 No. 1279 URL: http://www.bailii.org/uk/legis/num_reg/2003/20031279.html |
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Made | 9th May 2003 | ||
Coming into force | 30th May 2003 |
1. | Title, extent, commencement and cessation |
2. | Interpretation |
3. | Restrictions on the movement of animals |
4. | Marking animals travelling to shows |
5. | Restrictions on movements to and from slaughterhouses |
6. | Sole occupancy groups |
7. | Licences, permits and authorisations |
8. | Licences issued in Scotland or Wales |
9. | Notices prohibiting movement under a general licence |
10. | Specific licences |
11. | General licences |
12. | Copies of licences |
13. | Compliance with licences, etc. |
14. | Cleansing and disinfection |
15. | Change of occupation of premises |
16. | Enforcement |
17. | 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 |
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 -
Marking sheep and goats travelling to shows or exhibitions
4.
No person shall move sheep or goats to a show or exhibition unless the animals are marked with an individual identification number in accordance with article 6 of the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002[6].
Restrictions on movements to and from slaughterhouses
5.
No person shall -
Sole occupancy groups
6.
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
7.
- (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
8.
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
9.
- (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
10.
- (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
11.
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
12.
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.
13.
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
14.
- (1) A licence issued under article 3(1)(a), a permit issued under article 3(2) or an authorisation under article 6 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[7].
(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
15.
- (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
16.
This Order shall be enforced by the local authority or the Secretary of State.
Revocations
17.
The Disease Control (Interim Measures) (England) Order 2003[8] is revoked.
Whitty
Parliamentary Under Secretary of State, Department for Environment, Food and Rural Affairs
9th May 2003
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[9] 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 and exhibitions
11.
The movement of a pig to a show or exhibition provided that -
Movement of cattle, sheep and goats to shows and exhibitions
12.
The movement of cattle, sheep and goats to shows and exhibitions provided that -
Vehicles dropping off other animals
13.
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
14.
The movement of deer off any premises.
(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 pigs, cattle, sheep or goats from a show or exhibition
4.
The return of pigs, cattle, sheep or goats from a show or exhibition to the premises from which they were consigned to that show or exhibition provided that the animals are isolated for 6 days (or, in the case of pigs, 20 days) after their 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.
[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
[10] S.I. 2000/1673 as last amended, in relation to England, by S.I. 2002/956.back
[12] 1878 c. CCXIII (41 & 42 Vict.).back
[13] 1880 c. CXXX (23 & 44 Vict.).back
© Crown copyright 2003 | Prepared 18 June 2003 |