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The Ministers may make such orders as they think fit—
(a) generally for the better execution of this Act, or for the purpose of in any manner preventing the spreading of disease; and
(b) in particular for the several purposes set out in this Act, and for prescribing and regulating the payment and recovery of expenses in respect of animals.
The Ministers may make such orders as they think fit for authorising a local authority to make regulations for any of the purposes—
(a) of this Act, or
(b) of an order of the Minister,
subject to such conditions, if any, as the Ministers for the purpose of securing uniformity and the due execution of this Act, think fit to prescribe.
(1) The Ministers may, with the Treasury’s approval, expend such sums as they think fit with the object of eradicating as far as practicable diseases of animals (including horses) in Great Britain.
In this subsection “ disease ” is not restricted by its definition in this Act.
(2) To obtain information required for the purposes of subsection (1) above the Ministers may authorise in writing any veterinary inspector or other officer of the Ministry to inspect animals (including horses).
(3) A person so authorised may, for the purpose of any inspection to be carried out by him—
(a) at all reasonable times, and
(b) upon production of his authority on demand,
enter on any land or premises and apply such tests and take such samples as he considers necessary.
(4) No payment may be made under subsection (1) which was capable of being made under section 3 of the Diseases of Animals Act 1950 (payments for the eradication of bovine tuberculosis) before the expiry of that section.
(1) A person who knowingly or recklessly makes any false statement for the purpose of obtaining for himself or any other person any sum payable under section 3 above shall (unless in the case of an indictable offence he is indicted for the offence) be liable on summary conviction—
(a) to a fine not exceeding level 3 on the standard scale ; or
(b) to imprisonment for a term not exceeding 3 months; or
(c) to both such imprisonment and fine.
(2) A person who obstructs or impedes any person duly authorised under subsection (2) of section 3 to make any inspection shall be liable on summary conviction—
(a) in the case of a first offence, to a fine not exceeding £50; and
(b) in the case of a second or subsequent offence punishable under this subsection—
(i) to a fine not exceeding £50; or
(ii) to imprisonment for a term not exceeding one month; or
(iii) to both such imprisonment and fine.
In considering for the purposes of this subsection or subsection (2) of section 30 of the Agriculture Act 1937 whether an offence is or is not a first offence, references to an offence punishable under this subsection or that subsection shall be taken as including references to offences punishable under that subsection or this subsection, as the case may be.
(1) Without prejudice to the generality of section 3 above, the Ministers have power, with the Treasury’s approval, to afford veterinary services, including diagnostic services, whether free of charge or not, to persons—
(a) who carry on livestock businesses; and
(b) who participate in arrangements approved by the Ministers as being satisfactory arrangements for keeping their stock so far as practicable free from disease and in good health.
In this subsection “ disease ” is not restricted by its definition in this Act.
(2) Schedule 1 to this Act has effect in relation to the regulation of the manufacture of and other matters connected with veterinary therapeutic substances.
The Ministers may make orders—
(a) declaring any area as respects which they are satisfied that a substantial majority of the cattle in that area are free from any particular disease to be an eradication area for purposes connected with the control of that disease;
(b) declaring any area as respects which they are satisfied that any particular disease of cattle is for practical purposes non-existent in that area to be an attested area for purposes connected with the control of that disease; and
(c) prohibiting or regulating the movement of cattle into, out of or within any area which is for the time being an eradication area or an attested area or, if the area is an eradication area or an attested area for purposes connected with the control of brucellosis, imposing with respect to cattle in that area such other prohibitions or requirements as they may consider necessary or desirable for the purpose of eradicating that disease.
(1) The Secretary of State must prepare guidance on the appropriate biosecurity measures to be taken in relation to—
(a) foot-and-mouth disease;
(b) such other disease as the Secretary of State by order specifies.
(2) After preparing a draft of the guidance the Secretary of State—
(a) must send a copy of the draft to such persons and organisations as he thinks are representative of those having an interest in biosecurity measures;
(b) must consider any representations made to him about the draft by such persons and organisations;
(c) may amend the draft accordingly.
(3) After the Secretary of State has proceeded under subsection (2) he must publish the guidance in such manner as he thinks appropriate.
(4) The Secretary of State must from time to time review the guidance and if he thinks it appropriate revise the guidance.
(5) Subsections (1) to (3) apply to a revision of the guidance as they apply to its preparation.
(6) But if the Secretary of State thinks that it is necessary to revise the guidance urgently he may publish revised guidance without proceeding under subsection (2).
(7) Biosecurity measures are measures taken to prevent the spread of causative agents of disease.
(8) Causative agent includes any virus, bacterium and any other organism or infectious substance which may cause or transmit disease.
(9) The power to make an order must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(10) It is immaterial that anything done for the purposes of subsections (1) to (3) is done before the passing of the Animal Health Act 2002.
(1) A person having a function under this Act relating to foot-and -mouth disease or a disease specified by order under section 6A(1) must not exercise the function unless the guidance under section 6A has been published and has not been withdrawn.
(2) Any act which is done in contravention of subsection (1) is done without lawful authority.
(3) If a person to whom subsection (5) applies fails to comply with the guidance he is not by reason only of that failure liable in any civil or criminal proceedings.
(4) But the guidance is admissible in evidence in such proceedings and a court may take account of any failure to act in accordance with it in deciding any question in the proceedings.
(5) This subsection applies to—
(a) any person having functions under this Act;
(b) any person who is the owner or occupier of premises on which animals are kept;
(c) any person who has charge of animals;
(d) any person who is under the direction of a person mentioned in paragraphs (a) to (c).
(1) The Scottish Ministers may make an order containing a code (referred to in this section and section 6D as a “biosecurity code”) which makes provision for the taking of, and in relation to, the measures specified in subsection (2).
(2) Those are measures (“biosecurity measures”) for preventing—
(a) diseases of animals;
(b) the spread of causative agents of diseases of animals—
(i) among animals, birds or amphibians;
(ii) between any of those categories of creature and another of those categories; or
(iii) from any of those categories of creature to humans.
(3) In subsection (2)(b), “ causative agent ”, in relation to a disease, includes any virus, bacterium and any other organism or infectious substance which may cause or transmit the disease.
(4) A biosecurity code may relate solely to one, or more than one—
(a) kind of creature; or
(b) disease.
(5) A biosecurity code may include guidance as to the best practicable means of taking biosecurity measures.
(6) A biosecurity code may—
(a) prescribe general requirements to which persons to whom the code applies are subject;
(b) prescribe particular requirements to which such persons are, in such circumstances as are specified in the code, subject; and
(c) specify circumstances in which any person is to be regarded for the purposes of this section as complying with, or (as the case may be) not complying with, any requirements prescribed under paragraphs (a) or (b).
(7) A biosecurity code may make different provision for different cases or classes of case.
(8) A biosecurity code applies, to the extent provided for in the code, to any person who owns, keeps or is in charge of any creature of a kind to which the code relates.
(9) A person must, to the extent to which a biosecurity code applies to the person, comply with the code.
(10) A person who is subject to a requirement prescribed under subsection (6)(a) or (b) commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person fails to comply with the requirement.
(11) Before making an order under subsection (1), the Scottish Ministers must consult such persons as they consider appropriate about the proposed biosecurity code.
(12) A statutory instrument containing an order under subsection (1) is not made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.
(13) In sub-paragraph (i) of paragraph (b) of subsection (2), the reference to animals means any kind of mammal (except man).
(14) In this section and section 6D(1)(b), “disease” is not restricted by its definition in this Act.
(1) Where the Scottish Ministers are of the opinion that there exists—
(a) an outbreak of a disease specified in Schedule 2B to this Act; or
(b) some other emergency relating to a disease of animals,
subsections (11) and (12) of section 6C do not apply in relation to the making of an order under subsection (1) of that section containing a biosecurity code relating to the outbreak or, as the case may be, the other emergency.
(2) Where subsection (1) applies, an order made accordingly (an “emergency order”)—
(a) is to be laid before the Scottish Parliament; and
(b) ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by a resolution of the Parliament.
(3) However, paragraph (b) of subsection (2) does not apply in relation to an order which—
(a) revokes (wholly or partly) an emergency order; and
(b) does nothing else, or nothing else except make provision incidental or supplementary to the revocation.
(4) In reckoning for the purposes of subsection (2)(b) any period of 28 days, no account is to be taken of any period during which the Scottish Parliament is—
(a) dissolved; or
(b) in recess for more than 4 days.
(5) Subsection (2)(b) is without prejudice to anything previously done by reference to an emergency order or to the making of a new emergency order.
(6) An emergency order must include a description of the emergency in relation to which the order is made.
(1) An inspector may at any time enter any premises in Scotland for the purpose of ascertaining (any or all)—
(a) whether—
(i) biological indicators of any disease of animals;
(ii) biological indicators of any causative agent of a disease of animals,
exist in animals, birds or amphibians on the premises;
(b) whether any animals, birds or amphibians on the premises or which were kept there at any time are, or were at the time they were so kept, infected with a disease of animals;
(c) whether any causative agent of a disease of animals is present on the premises.
(2) The inspector may take such samples (including samples from any animals, birds or amphibians on the premises) and carry out such tests as the inspector thinks are necessary for a purpose mentioned in subsection (1).
(3) In subsections (1) and (2), the references to animals in which biological indicators exist, infected with a disease or from which samples may be taken means any kind of mammal (except man).
(4) In this section—
“biological indicator”—
in relation to a disease, includes evidence of any form of reaction to the disease;
in relation to a causative agent, includes—
anti-bodies in reaction to the causative agent;
evidence of any other form of reaction to the causative agent;
“ causative agent ”, in relation to a disease, includes any virus, bacterium and any other organism or infectious substance which may cause or transmit the disease;
“disease” is not restricted by its definition in this Act;
“ inspector ” means—
a person appointed as an inspector for the purposes of this Act by the Scottish Ministers; or
a person authorised by the Scottish Ministers for those purposes;
“ premises ” includes—
any land or building; or
any other place, in particular—
a vehicle or vessel; or
a tent or moveable structure.
(1) Where a sample from any animal, bird or amphibian has been taken—
(a) under any enactment; and
(b) in relation to the monitoring, control or prevention of any disease of animals,
the Scottish Ministers (or a person authorised by them) may carry out such tests using the sample as they think are necessary or expedient for the purposes of the monitoring, control or prevention of any other disease of animals.
(2) Except in the circumstances described in subsection (3), the power conferred by subsection (1) is not exercisable unless the sample has previously been used for a test authorised under the relevant enactment.
(3) Those circumstances are—
(a) where the Scottish Ministers are of the opinion that there exists an emergency in relation to a disease of animals; and
(b) the tests to be carried out under subsection (1) are in connection with the emergency.
(4) A person who possesses a sample required for the carrying out of a test under subsection (1) must give the sample to the Scottish Ministers (or a person authorised by them) by such time as they may direct.
(5) In subsection (1), the first reference to an animal means any kind of mammal (except man).
(6) In this section—
“disease” is not restricted by its definition in this Act;
“ enactment ” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
(1) The Ministers may make such orders as they think fit—
(a) for prescribing and regulating the cleansing and disinfection of places used for the holding of markets, fairs, exhibitions, or sales of animals, or for lairage of animals, and yards, sheds, stables, and other places used for animals;
(b) for prescribing and regulating the cleansing and disinfection of vessels, aircraft, vehicles, and pens and other places, used for the carrying of animals for hire or connected purposes;
(c) for prescribing and regulating the disinfection of the clothes of persons coming in contact with or employed about diseased or suspected animals and the use of precautions against the spreading of disease by such persons;
(d) for prescribing modes of cleansing and disinfection.
(2) The Ministers may by orders prescribe and regulate the cleansing and disinfection of receptacles or vehicles used for the conveyance or exposure for sale of poultry.
(1) The Ministers may make such orders as they think fit—
(a) for prescribing and regulating —
(i) in relation to England or Wales, the means of identifying animals, and
(ii) in relation to Scotland, the marking of animals,
(b) for prohibiting or regulating the movement of animals, and the removal of carcases, fodder, litter, dung and other things, and for prescribing and regulating the isolation of animals newly purchased;
(c) for prescribing and regulating the issue and production of licences respecting movement and removal of animals and things;
(d) for prohibiting, absolutely or conditionally, the use, for the carrying of animals or for any connected purpose, of a vessel, aircraft, vehicle, or pen or other place in respect of which or the use of which a penalty has been recovered from any person for an offence against this Act;
(e) for prohibiting or regulating the holding of markets, fairs, exhibitions and sales of animals.
(1A) Provision made under subsection (1)(a) made by the Secretary of State or the Welsh Ministers may bind the Crown.
(2) A person is guilty of an offence against this Act if, where an order of the Minister absolutely or conditionally prohibits the use of a vessel, aircraft, vehicle or pen, or other place, for the carrying of animals or for any connected purpose, he, without lawful authority or excuse, proof of which shall lie on him, does anything so prohibited.
(1) The Scottish Ministers may by order make provision for or in connection with the licensing (by them or by other persons on their behalf) of the holding of animal gatherings.
(2) An order under subsection (1) must be with a view to the prevention of the spread of disease.
(3) In this section, an “ animal gathering ” means an occasion at which animals or birds (or both) are brought together for any purpose.
(4) But, for the purposes of subsection (3), an occasion is not an animal gathering if—
(a) all the animals or birds involved are owned by the same person; or
(b) the occasion—
(i) takes place on land in respect of which more than one person has a right of use; and
(ii) involves animals or birds all of which are owned by persons who have a right of use of the land.
(5) An order under subsection (1) may, in particular, include provision as to—
(a) the procedure to be followed in relation to an application for a licence;
(b) any considerations to be taken into account in determining an application;
(c) the duration and renewal of a licence;
(d) conditions that must or may be imposed on granting or renewing a licence;
(e) circumstances in which a licence (or any of the conditions imposed in relation to the licence) must or may be revoked or suspended;
(f) requirements for notification of any granting, renewal, revocation, suspension or variation of a licence;
(g) appeals in connection with licences.
(6) An order under subsection (1) may, in particular, also include provision as to the inspection, for the purpose of ensuring compliance with any condition of a licence, of premises where animal gatherings may take, or are taking or have taken, place.
(7) Conditions under subsection (5)(d) may, in particular, relate to measures for the prevention of the spread of disease.
(8) A person who holds a licence in accordance with an order made under subsection (1) commits an offence if, without excuse (proof of which lies on the person), that person contravenes any condition of the licence.
(9) A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(10) An order under subsection (1) may make different provision for different cases or classes of case.
(11) Before making an order under subsection (1), the Scottish Ministers must consult—
(a) such persons appearing to them to represent relevant interests; and
(b) such other persons,
as they consider appropriate.
(12) In this section, “ premises ” includes—
(a) any land or building; or
(b) any other place, in particular—
(i) a vehicle or vessel; or
(ii) a tent or moveable structure.
The Ministers may make such orders as they think fit for prohibiting the conveyance of animals by any specified vessel or aircraft to or from any port or aerodrome in the United Kingdom or by any specified vehicle through the tunnel system as defined in the Channel Tunnel Act 1987 for such time as the Ministers may consider expedient.
(1) The Ministers may by orders make such provision as they think fit for the purpose of preventing the introduction or spreading of disease into or within Great Britain through the importation of—
(a) animals and carcases;
(b) carcases of poultry and eggs; and
(c) other things, whether animate or inanimate, by or by means of which it appears to them that any disease might be carried or transmitted.
(2) Without prejudice to the generality of the powers conferred by this section and by section 1 above, for the purpose specified in subsection (1) above an order under this section—
(a) may prohibit or regulate the importation of any of the things specified in paragraphs (a) to (c) of subsection (1);
(b) may make provision not only with respect to imports (including vessels, boats, aircraft and vehicles of other descriptions) but also with respect to persons, animals, and other things which have been or may have been in contact with imports;
(c) may make different provision in relation to different cases; and
(d) may make provision with respect to any of the matters specified in Schedule 2 to this Act.
(3) An order under this section may provide that, in such circumstances as may be specified in the order, animals which—
(a) are brought into Great Britain in such circumstances that they are not imported, within the meaning of this Act, and
(b) whilst outside Great Britain have been or may have been in contact with any of the things specified in paragraphs (a) to (c) of subsection (1),
shall be deemed for the purposes of this section and Schedule 2 to be imported at the time when they are brought into Great Britain.
(4) In this section and in Schedule 2 “ animals ” includes—
(a) any kind of mammal, except man,
(b) any kind of four-footed beast which is not a mammal, and
(c) fish, reptiles, crustaceans and other cold-blooded creatures not falling within paragraph (a) or paragraph (b) above,
and “ disease ” is not restricted by its definition in this Act.
(5) An order under this section which is expressed to be made for the purpose of preventing the introduction of rabies into Great Britain may include provision for the destruction, by such persons as may be prescribed by the order, of animals in respect of which the order or any licence granted under it is contravened.
(6) Every order made under this section shall be laid before both Houses of Parliament after being made.
(7) Paragraphs (a) and (b) of section 5(2) of the Customs and Excise Management Act 1979 (time of importation of goods brought by sea and air) and article 5(1) and (2) of the Channel Tunnel (Customs and Excise) Order 1990 have effect for the purposes of this section and Schedule 2 as they have effect for the purposes of the customs and excise Acts.
(8) The landing of imported animals in Great Britain shall be effected in such manner, at such times and subject to such supervision as the Commissioners of Customs and Excise may direct.
(1) The Ministers shall prepare a report during each financial year which will—
(a) review all activities of government departments, the Food Standards Agency, local authorities, customs ... and other relevant public agencies directed to the prevention of the introduction of disease into or within England and Wales through the importation of animal products and matter, whether animate or inanimate, and other things;
(b) identify the nature, origin and quantity of such animal products and matter and stating whether the product or matter was destined for personal or commercial consumption;
(c) assess the making of any orders under section 10 of this Act;
(d) assess the effectiveness of any action taken under an order made under section 10 of this Act; and
(e) propose such further action as may, on the basis of advice given to the Ministers by suitably qualified individuals appointed as scientific advisers to the Ministers, be required to further reduce the risk of disease being imported.
(2) The Ministers shall lay their report before Parliament and the National Assembly for Wales at the end of each financial year.
The Minister may by order make provision in the interests of animal health or of human health, for regulating the exportation from Great Britain to a member State of animals or animal or poultry carcases, and in particular—
(a) for prohibiting exportation without such certificate or licence as may be prescribed by the order, and
(b) as to the circumstances in which and conditions on which a certificate or licence may be obtained.
(1) For the purpose of preventing the conveyance of disease by animals exported from Great Britain, the appropriate Minister, with the Treasury’s consent, may—
(a) provide facilities for the examination of animals intended for export; and
(b) provide or approve one or more quarantine stations for the reception, isolation and examination of such animals.
A quarantine station so provided or approved is in this Act referred to as an “export quarantine station”.
(2) Notwithstanding anything in this Act, compensation shall not be payable under this Act in respect of any animal intended for export, which by reason of—
(a) its having been diseased or suspected, or
(b) its having been exposed to the infection of any disease, is slaughtered in an export quarantine station.
(1) The Minister may make such orders as he thinks fit for prescribing and regulating—
(a) the muzzling of dogs, and the keeping of dogs under control; and
(b) so far as is supplemental to paragraph (a) above—
(i) the seizure, detention, and disposal (including slaughter) of stray dogs and of dogs not muzzled, and of dogs not being kept under control; and
(ii) the recovery from the owners of dogs of the expenses incurred in respect of their detention.
(2) The appropriate Minister may make such orders as he thinks fit—
(a) for prescribing and regulating the wearing by dogs, while in a highway or in a place of public resort, of a collar with the name and address of the owner inscribed on the collar or on a plate or a badge attached to it;
(b) with a view to the prevention of worrying of animals (including horses), for preventing dogs or any class of dogs from straying during all or any of the hours between sunset and sunrise;
(c) for providing that any dog in respect of which an offence is being committed against provisions made under either paragraph (a) or (b) above, may be seized and treated as a stray dog under the enactments relating to dogs;
(d) for prescribing and regulating—
(i) the seizure, detention and disposal (including slaughter) of stray dogs and of dogs not muzzled; and
(ii) the recovery from the owners of dogs of the expenses incurred in respect of their detention.
(3) An order under subsection (2)(a) above may include provision for the execution and enforcement of the order by the officers of local authorities (and not by the police force for any area).
(4) In subsection (3) above “local authority” and “officer” have the same meaning as in section 149 of the Environmental Protection Act 1990.
(1) The Ministers may make such orders as they think fit for prescribing, regulating and securing the periodical treatment of all sheep by effective dipping or by the use of some other remedy for sheep scab.
(2) An inspector of the Minister and, if so authorised by order of the Minister, an inspector of the local authority, may—
(a) subject to the directions of the authority by which he was appointed, and
(b) for the purposes of any order or regulation under subsection (1) above,
enter any premises and examine any sheep on those premises.
(3) The owner and the person in charge of any sheep shall comply with all reasonable requirements of the inspector as to the collection and penning of the sheep and afford all other reasonable facilities for the examination of the sheep by the inspector.
(1) The appropriate authority must prepare a document (the national contingency plan) indicating the arrangements the authority intends to put in place for the purpose of dealing with any occurrence of—
(a) foot-and-mouth disease;
(b) such other disease as the authority by order specifies.
(2) After preparing a draft of the national contingency plan the appropriate authority—
(a) must send a copy of the draft to such persons and organisations as the authority thinks are representative of those having an interest in the arrangements;
(b) must consider any representations made to the authority about the draft by such persons and organisations;
(c) may amend the draft accordingly.
(3) After the appropriate authority has proceeded under subsection (2) the authority must—
(a) lay the plan before Parliament (unless subsection (9) applies);
(b) publish it in such manner as the authority thinks likely to bring it to the attention of persons who may be affected by the arrangements.
(4) The appropriate authority must from time to time (but not less frequently than at intervals of one year) review the plan and if the authority thinks it appropriate revise the plan.
(5) Subsections (2) and (3) apply to a revision of the plan as they apply to its preparation.
(6) The power to make an order must be exercised by statutory instrument.
(7) The instrument is subject to annulment in pursuance of a resolution of either House of Parliament (unless subsection (9) applies).
(8) The appropriate authority is—
(a) the Secretary of State in relation to England;
(b) the Secretary of State and the National Assembly for Wales acting jointly in relation to Wales (except for the purposes of subsection (1)(b));
(c) the National Assembly for Wales in relation to Wales for the purposes of subsection (1)(b).
(9) This subsection applies to a plan prepared in relation to Wales.
(10) It is immaterial that anything done for the purposes of subsections (1) to (3) (except the making of an order under subsection (1)(b)) is done before the passing of the Animal Health Act 2002.
(1) In relation to any occurrence of foot-and-mouth disease the Secretary of State must consider what is the most appropriate means of preventing the spread of the disease.
(2) In particular he must consider whether in relation to the occurrence treating animals with serum or vaccine is more appropriate than any other means of preventing the spread of the disease.
(1) Any person having in his possession or under his charge an animal affected with disease shall—
(a) as far as practicable keep that animal separate from animals not so affected; and
(b) with all practicable speed give notice of the fact of the animnal being so affected to a constable of the police force for the police area in which the animal is so affected.
(2) Any person who knows or suspects that an animal (whether in captivity or not) is affected with rabies shall give notice of that fact to a constable unless—
(a) he believes on reasonable grounds that another person has given notice under this section in respect of that animal, or
(b) he is exempted from doing so by an order under section 1 above,
and, if the animal is in his possession or under his charge, shall as far as practicable keep the animal separate from other animals.
(3) The constable to whom notice is given shall forthwith give information of it to such person or authority as the Ministers by order direct.
(4) The Ministers may make such orders as they think fit for prescribing and regulating the notice to be given to or by any person or authority in case of any particular disease or in case of the illness of an animal, and for supplementing or varying for those purposes any of the provisions of subsections (1) to (3) above.
(5) Subsections (1) to (4) above do not have effect in relation to poultry, but the Ministers may by order prescribe and regulate—
(a) the separation of diseased poultry from poultry not affected with disease; and
(b) the notification of disease in, or illness of, poultry.
(6) The local authority shall pay to a veterinary surgeon or veterinary practitioner, in respect of every notification of disease made by him to the local authority in pursuance of an order under this Act requiring such a notification, such fee not exceeding 12½p as may be prescribed by the order.
(7) A person is guilty of an offence against this Act who, without lawful authority or excuse, proof of which shall lie on him, fails where required by this Act or by an order of the Minister—
(a) to keep an animal separate so far as practicable; or
(b) to give notice of disease with all practicable speed.
(1) For the purpose of preventing the spread of disease, the Ministers may cause to be treated with serum or vaccine, or with both serum and vaccine, any animal or bird—
(a) which has been in contact with a diseased animal or bird, or
(b) which appears to the Ministers to be or to have been in any way exposed to the infection of disease; or
(c) which is in an infected area.
(2) The powers conferred by this section shall be construed as extending to the taking of any action—
(a) which is requisite for enabling the appropriate treatment to be administered, or
(b) which is otherwise required in connection with that treatment,
and for the purpose of exercising those powers any inspector may, subject to production of his authority on demand, enter any land or premises . . ..
(3) If a justice of the peace is satisfied on sworn information in writing that the first condition is satisfied and that the second or third condition is satisfied he may issue a warrant authorising an inspector to enter any land or premises, if necessary using reasonable force, for the purpose mentioned in subsection (2).
(4) The information must include—
(a) a statement as to whether any representations have been made by the occupier of the land or premises to an inspector concerning the purpose for which the warrant is sought;
(b) a summary of any such representations.
(5) The first condition is that there are reasonable grounds for an inspector to enter the land or premises for that purpose.
(6) The second condition is that each of the following applies to the occupier of the premises—
(a) he has been informed of the decision to seek entry to the premises and of the reasons for that decision;
(b) he has failed to allow entry to the premises on being requested to do so by an inspector;
(c) he has been informed of the decision to apply for the warrant.
(7) The third condition is that—
(a) the premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or
(b) an application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises.
(8) Subsections (9) to (12) apply to an inspector who enters any land or premises by virtue of subsection (2) or under a warrant issued under subsection (3).
(9) The inspector may take with him—
(a) such other persons as he thinks necessary to give him such assistance as he thinks necessary;
(b) such equipment as he thinks necessary.
(10) The inspector may require any person on the land or premises who falls within subsection (11) to give him such assistance as he may reasonably require for the purpose mentioned in subsection (2).
(11) The following persons fall within this subsection—
(a) the occupier of the premises;
(b) a person appearing to the inspector to have charge of animals on the premises;
(c) a person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b).
(12) If the inspector enters any unoccupied premises he must leave them as effectively secured against entry as he found them.
(13) If the inspector enters any premises by virtue of a warrant issued under subsection (3) he must at the time of entry—
(a) serve a copy of the warrant on the occupier of the premises, or (if the occupier is not on the premises)
(b) leave a copy of the warrant in a conspicuous place on the premises.
(14) A warrant issued under subsection (3) remains in force for one month starting with the date of its approval by the justice of the peace, which date shall be clearly visible on the warrant.
(15) A warrant issued under subsection (3) must be executed only at a reasonable hour unless the inspector thinks that the case is one of urgency.
(16) In relation to any premises to which entry is obtained by virtue of a warrant under this section the Secretary of State must retain for a period of not less than 12 months beginning with the day after entry—
(a) a copy of the warrant;
(b) a copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the inspector and any other person entering the premises with him.
(17) A person commits an offence if—
(a) he is required to give assistance under subsection (10), and
(b) he fails to give it.
(1) This section applies to any animal which has been treated with vaccine for the purpose of preventing the spread of foot-and-mouth disease or such other disease as the Secretary of State may by order specify.
(2) The Secretary of State may cause to be slaughtered any animal to which this section applies.
(3) The power conferred by this section extends to taking any action—
(a) which is required to enable any such animal to be slaughtered, or
(b) which is otherwise required in connection with the slaughter.
(4) For any animal slaughtered under this section the Secretary of State must pay compensation in accordance with subsections (5) and (6).
(5) In the case of an animal treated with vaccine for the purpose of preventing the spread of foot-and-mouth disease—
(a) if the animal was affected with foot-and-mouth disease the compensation is the value of the animal immediately before it became so affected;
(b) in any other case the compensation is the value of the animal immediately before it was slaughtered.
(6) In the case of an animal treated with vaccine for the purpose of preventing the spread of a disease specified by order under subsection (1) the compensation is of such an amount as may be prescribed by order of the Secretary of State.
(7) In arriving at a value under subsection (5) above no account is to be taken of the fact that the animal had been treated with vaccine as mentioned in that subsection.”
(8) No order may be made under subsection (1) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(9) A statutory instrument containing an order under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Subsection (4) applies to any animal or bird which has been treated with serum or vaccine (or both) for the purpose of preventing the spread of—
(a) cattle plague;
(b) pleuro-pneumonia;
(c) foot-and-mouth disease;
(d) swine-fever; or
(e) diseases of poultry.
(2) Subsection (4) also applies to any animal or bird which has been treated with serum or vaccine (or both) for the purpose of preventing the spread of such other disease of animals as the Scottish Ministers may by order specify.
(3) The references in subsections (1) and (2) to any animal which has been treated mean any kind of mammal (except man); and the power conferred by subsection (4) is exercisable accordingly.
(4) The Scottish Ministers may, for the purpose of securing (or contributing to the securing of) disease-free status, cause to be slaughtered any animal or bird to which this subsection applies.
(5) The Scottish Ministers must pay compensation, of such amount as they may prescribe by order, in respect of any animals—
(a) slaughtered under subsection (4); and
(b) of a kind to which the power of slaughter under that subsection would relate if subsection (3) were omitted.
(6) An order under subsection (5) may make different provision for different cases or classes of case.
(7) An order under subsection (5) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
(8) An order made under subsection (2)—
(a) is to be laid before the Scottish Parliament; and
(b) ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by a resolution of the Parliament.
(9) However, paragraph (b) of subsection (8) does not apply in relation to an order which—
(a) revokes (wholly or partly) a previous order; and
(b) does nothing else, or nothing else except make provision incidental or supplementary to the revocation.
(10) In reckoning for the purposes of subsection (8)(b) any period of 28 days, no account is to be taken of any period during which the Scottish Parliament is—
(a) dissolved; or
(b) in recess for more than 4 days.
(11) Subsection (8)(b) is without prejudice to anything previously done by reference to an order made under subsection (2) or to the making of a new order under that subsection.
(12) An order under subsection (2) must refer to the circumstances in relation to which the order is made.
(13) In subsection (2), “disease” is not restricted by its definition in this Act.
(14) In subsection (4), “ disease-free status ” means recognition in accordance with any rule of the European Community or any other international rule that in a particular area no animals or birds of a particular class are infected by a particular disease or class of disease.
(1) The Ministers may make such orders as they think fit for prescribing the cases in which places and areas are to be declared to be infected with a disease and the authority, mode, and conditions by, in, and on which declarations in that behalf are to be made, and their effect and consequences, and their duration and discontinuance, and other connected matters.
(2) Every place or area so declared infected shall be an infected place or area for the purposes of this Act.
(3) A notice served in pursuance of directions of the Minister or of a local authority by virtue of an order made under this section shall be conclusive evidence to all intents of the existence or past existence or cessation of the disease, or of the error, and of any other matter on which the notice proceeds.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Notwithstanding anything in this Act, where the Minister, on inquiry, and after communication with the local authority, is satisfied that a declaration of a place being an infected place has been made in error—
(a) respecting the existence or past existence of disease, or
(b) respecting the limits of a place, or
(c) respecting any other matter of fact on which the declaration proceeded,
the Minister may by order cancel the declaration as regards the infected place, or as regards any part of it, as he thinks fit.
(2) Where, in accordance with the provisions of this Act—
(a) a place or an area or a portion of an area is declared free from a disease, or
(b) a declaration of a place being an infected place is cancelled as regards the place or as regards any part of it,
then, from the time specified in that behalf by the Minister, or a local authority, as the case may be, the place, or area or that portion of the area or that part of the place, shall cease to be, or to be in, an infected place or area.
(3) An order of the Minister—
(a) declaring a place to be an infected place or area, or
(b) declaring a place or area, or a portion of an area, to be free from disease, or
(c) cancelling a declaration,
shall be conclusive evidence to all intents of the existence or past existence or cessation of the disease, or of the error, and of any other matter on which the order proceeds.
(1) An order under section 17 above prescribing the cases in which areas are to be declared to be infected with rabies may include provision for the destruction in an area declared to be so infected, by persons authorised in accordance with the order, of foxes and such other wild mammals as may be prescribed by the order (not in either case being animals held in captivity).
(2) An order made by virtue of subsection (1) above may provide for—
(a) authorising any person to enter any land (other than a dwellinghouse) for the purpose of carrying out, or of deciding whether to carry out, the destruction there of animals in accordance with the order;
(b) authorising the erection of fences or other obstacles to restrict the movement of animals into and out of an area where destruction is carried out;
(c) regulating the ownership and disposal of the carcases of animals destroyed in accordance with the order;
(d) prohibiting any person obstructing the destruction of animals in accordance with the order and from interfering with the carcases of animals destroyed;
(e) authorising the use of methods of destruction which would otherwise be unlawful.
(3) An order made by virtue of subsection (1) shall include provision as to the steps to be taken to inform the occupier of any land where it is proposed that animals should be destroyed, and other persons who may be there, of the proposal and of the methods of destruction to be used.
(1) An order under section 17 above prescribing the cases in which areas are to be declared to be infected with rabies may include provision for—
(a) requiring notice to be given, in such circumstances as may be prescribed by the order, of the death in an area declared to be so infected of such domestic or wild mammals as may be prescribed;
(b) regulating the ownership and disposal of the carcases of animals whose deaths are required to be notified by virtue of paragraph (a) above;
(c) requiring and regulating the vaccination, confinement and control in such area of such domestic mammals and mammals held in captivity as may be prescribed by the order;
(d) authorising the seizure and detention and the disposal or destruction of any animal in respect of which any provision made by virtue of paragraph (c) above is not complied with;
(e) authorising any person to enter any land for the purpose of seizing or destroying any animal in pursuance of the order.
(2) An order under section 17 prescribing the cases in which areas are to be declared to be infected with rabies may provide—
(a) for the division of an area into zones (whether defined by reference to distance from the places within the area where diseased animals have been found or otherwise); and
(b) for the consequences which may follow a declaration to be different for different zones.
(1) This section—
(a) applies to any disease other than rabies which is for the time being a disease for the purposes of section 1(a) above; and
(b) is without prejudice to any powers conferred by other provisions of this Act on the Minister, the appropriate Minister and the Ministers.
(2) The Minister, if satisfied in the case of any area—
(a) that there exists among the wild members of one or more species in the area a disease to which this section applies which has been or is being transmitted from members of that or those species to animals of any kind in the area, and
(b) that destruction of wild members of that or those species in that area is necessary in order to eliminate, or substantially reduce the incidence of, that disease in animals of any kind in the area,
may, subject to the following provisions of this section, by order provide for the destruction of wild members of that or those species in that area.
(3) Before making an order under this section the Minister shall consult with the appropriate conservation body for the area to which it will apply , and every order so made shall specify—
(a) the area to which it applies;
(b) the disease to which it applies; and
(c) the one or more species to which it relates.
(4) An order under this section providing for the destruction of wild members of one or more species in any area may provide for authorising the use for that purpose of one or more methods of destruction that would otherwise be unlawful.
The order shall not authorise such use unless the Minister is satisfied that use of the method or methods in question is the most appropriate way of carrying out that destruction, having regard to all relevant considerations and, in particular, the need to avoid causing unnecessary suffering to wild members of the species in question.
(5) An order under this section may include provision—
(a) for ensuring that destruction of wild members of any species to which the order relates is properly and effectively carried out, and in particular—
(i) for preventing persons from taking into captivity, harbouring, concealing or otherwise protecting wild members of any such species with intent to prevent their destruction, or
(ii) in any other way obstructing or interfering with anything which has been, is being or is to be done or used in connection with that destruction.
(b) for regulating the ownership and disposal of the carcases of members of any such species destroyed in the area to which the order relates.
(6) Before commencing the destruction of wild members of a species on any land within an area to which an order under this section applies the Minister shall take all reasonable steps to inform—
(a) the occupier of the land, and
(b) any other person who may be there,
of his intention to carry out that destruction and of the methods of destruction to be used.
It shall be the Minister’s duty to ensure that destruction is carried out on any such land in as safe a manner as is possible in all the circumstances.
(7) Where an order under this section is in force, the Minister shall have power to take such measures (including the erection of fences or other obstacles) as he considers appropriate—
(a) for preventing the movement of living creatures into or out of the area or any part of the area to which the order applies while destruction of wild members of any species to which the order relates is being carried out in the area; and
(b) where destruction of wild members of any such species has been or is to be carried out in any part of that area, for preventing the recolonisation of that part by members of that species for as long as he considers necessary to prevent reappearance among them of the disease to which the order applies.
(8) As soon as may be after the Minister is satisfied, in the case of any land, that any measures affecting that land which have been taken in connection with an order under this section are no longer necessary, he shall—
(a) remove from the land anything placed or erected on it; and
(b) take such other steps as are reasonably practicable to reinstate the land.
(9) In this section and section 22 below—
“ animals ” includes horses,
“ appropriate conservation body ” means Natural England, Scottish Natural Heritage or the Natural Resources Body for Wales ,
“ species ” means any species of bird or mammal, except man,
and references to wild members of any species in an area are references to members of the species in the area that are neither domesticated nor held in captivity.
(10) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In relation to any disease to which section 21 above applies the following persons are authorised officers for the purposes of this section—
(a) an officer of the appropriate Minister,
(b) a veterinary inspector, and
(c) any person who, not being such an officer or inspector, is authorised by the appropriate Minister to exercise the powers conferred by this section,
and subsection (9) of section 21 applies to this section.
(2) Where an authorised officer has reasonable grounds for suspecting, in the case of any area, that there exists among the wild members of any species in the area a disease to which section 21 applies, he may enter any land in the area and—
(a) take samples of the wild members of that species, or of their excreta, or of any materials (whether or not forming part of the land) with which wild members of that species may have been in contact;
(b) carry out any other investigations which he considers necessary for the purpose of determining, as regards that species and that disease, whether an order under section 21 should be made in respect of the whole or part of the area in question.
(3) An authorised officer may at any time enter any land in the area to which an order under section 21 applies for any of the following purposes—
(a) to carry out the destruction of any wild members of a species to which the order relates that may be on that land;
(b) to take any such measures as are mentioned in subsection (7) of that section;
(c) to ascertain, as regards any wild members of a species to which the order relates, whether destruction has been effectively carried out.
(4) Where in pursuance of an order under section 21 destruction of wild members of any species to which the order relates has been carried out on any land in the area to which the order applies, then, for the purpose of ascertaining—
(a) whether the land has been or is being recolonised by wild members of that species, and, if so,
(b) whether there exists among them the disease to which the order applies (or, if the order has been revoked, to which it previously applied),
an authorised officer may enter the land and take such samples of or relating to that species as are mentioned in paragraph (a) of subsection (2) above; but the powers conferred by this subsection shall not be exercisable at any time more than 2 years after the revocation of the order in question.
(5) Nothing in this section authorises any person to enter a dwellinghouse.
(6) A person entering any land in the exercise of powers conferred on him by this section shall, if so required by the owner or occupier or person in charge of the land—
(a) produce to him some duly authenticated document showing his authority; and
(b) state in writing his reasons for entering.
(7) Without prejudice to subsection (6) above, an authorised officer—
(a) shall not demand admission as of right to any land forming part of a nature reserve (within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949) maintained or managed by the appropriate conservation body unless 7 days’ notice of the intended entry has been given to the body ; and
(b) in exercising any of his powers under subsection (2), (3) or (4) above on any such land shall, as far as possible, do so in accordance with such reasonable requirements for minimising damage to flora, fauna or geological or physiographical features within the reserve as may have been notified by the body to the appropriate Minister.
(8) The preceding provisions of this section are without prejudice to any powers conferred on inspectors or others by or by virtue of any other provision of this Act.
The Ministers may make such orders as they think fit for all or any of the following purposes—
(a) for prescribing and regulating the publication by placards, handbills, or otherwise, in the immediate neighbourhood of a place or area declared infected, of the fact of such declaration;
(b) for prohibiting or regulating the movement of animals and persons into, within, or out of an infected place or area;
(c) for prescribing and regulating the isolation or separation of animals being in an infected place or area;
(d) for prohibiting or regulating the removal of carcases, fodder, litter, utensils, pens, hurdles, dung, or other things into, within, or out of an infected place or area;
(e) for prescribing and regulating the destruction, burial, disposal, or treatment of carcases, fodder, litter, utensils, pens, hurdles, dung, or other things, being in or removed from an infected place or area;
(f) for prescribing and regulating the cleansing and disinfection of infected places and areas, or parts of them;
(g) for prescribing and regulating the disinfection of the clothes of persons being in an infected place, and the use of precautions against the spreading of disease by such persons.
The provision which may be made by orders under section 1 above shall (without prejudice to the generality of that provision) include provision—
(a) for requiring mammals which may be carriers of rabies to be kept in quarantine in such cases, for such periods and under such conditions as may be prescribed by the order;
(b) for prohibiting or regulating—
(i) the keeping and importation of rabies virus in any form; and
(ii) the deliberate introduction of the virus into animals.
The Ministers may make such orders as they think fit for all or any of the following purposes—
(a) for prohibiting or regulating the exposure of diseased or suspected animals in markets or fairs or sale-yards, or other public or private places, where animals are commonly exposed for sale, and their placing in lairs or other places adjacent to or connected with markets or fairs, or where animals are commonly placed before exposure for sale;
(b) for prohibiting or regulating the sending or carrying of diseased or suspected animals, or of dung or other thing likely to spread disease, or causing them to be sent or carried, on railways, canals, rivers, or inland navigations, or in coasting vessels, or in an aircraft engaged in a flight or a part of a flight beginning and ending in Great Britain, or otherwise;
(c) for prohibiting or regulating the carrying, leading, or driving of diseased or suspected animals, or causing them to be carried, led or driven, on highways or thoroughfares, or elsewhere;
(d) for prohibiting or regulating the placing or keeping of diseased or suspected animals on commons or unenclosed lands, or in fields or other places insufficiently fenced, or on the sides of highways.
(1) The Minister shall by orders make such provision as he thinks necessary or expedient respecting the case of animals found to be affected with pleuro-pneumonia or foot-and-mouth disease—
(a) while exposed for sale or exhibited in a market, fair, sale-yard, place of exhibition, or other place; or
(b) while placed in a lair or other place before exposure for sale; or
(c) while in transit or in course of being moved by land, water or air; or
(d) while being in a slaughter-house or place where animals are slaughtered or are kept with a view to slaughter; or
(e) while being on common or unenclosed land; or
(f) generally, while being in a place not in the possession or occupation or under the control of the owner of the animals.
(2) The Minister shall by orders under this section make such provision as he thinks fit for the consequences under this Act of animals being so found in the circumstances mentioned above—
(a) as well with regard to the animals as with regard to the places where they are when so found, and other places; and
(b) with regard to animals being or having been in the same shed or stable, herd or flock as, or in contact with, animals so found.
(3) The Minister may, by orders under this section relating to particular places, make such provision as he thinks fit for the consequences mentioned above.
(4) Every order under this section shall have full effect not withstanding—
(a) any provision of this Act requiring the declaration of a place infected with pleuro-pneumonia or foot-and-mouth disease, or relating to any consequence of such a declaration, or to any matter connected with such a declaration; and
(b) any other provision whatsoever of this Act.
(1) A person owning or having charge of any animals , birds or amphibians in a place or area declared infected with any disease may affix, at or near the entrance to a building or enclosure in which the animals , birds or amphibians are, a notice forbidding persons to enter the building or enclosure without the permission mentioned in the notice.
(2) Thereupon it shall not be lawful for any person, not having by law a right of entry or way into, on, or over that building or enclosure, to enter or go into, on, or over the building or enclosure without that permission.
(3) In this section—
“ animals ” means any kind of mammal (except man);
“disease” is not restricted by its definition in this Act.
The Ministers may make such orders as they think fit—
(a) for prescribing and regulating the seizure, detention and disposal of a diseased or suspected animal exposed, carried, kept or otherwise dealt with in contravention of an order of the Minister; and
(b) for prescribing and regulating the liability of the owner or consignor or consignee of such animal to the expenses connected with its seizure, detention and disposal.
(1) A person commits an offence if without lawful authority or excuse (proof of which shall lie on him) he knowingly does anything which causes or is intended to cause an animal to be infected with a disease specified in Schedule 2A.
(2) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(3) The Secretary of State may by order amend Schedule 2A.
(4) A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) If a person is convicted of an offence under section 28A the court may by order disqualify him, for such period as it thinks fit, from keeping or dealing in—
(a) any animals, or
(b) any animals of a specified kind.
(2) The court may suspend the operation of the order—
(a) for such period as it thinks necessary to enable arrangements to be made for the keeping of any animals to which the disqualification relates;
(b) pending an appeal.
(3) A person who is disqualified under subsection (1) may from time to time apply to the court which imposed the disqualification to remove it or vary it.
(4) On an application under subsection (3) the court may by order—
(a) refuse the application,
(b) remove the disqualification, or
(c) vary the disqualification to apply it only to such animals or kind of animals as it specifies.
(5) In considering an application under subsection (3) the court may have regard to—
(a) the nature of the offence in respect of which the disqualification was imposed;
(b) the character of the applicant;
(c) his conduct since the disqualification was imposed.
(6) The first application under subsection (3) must not be made before the end of the period of one year starting with the date the disqualification starts.
(7) A further application must not be made before the end of the period of one year starting with the date of the court’s last order.
(8) For the purposes of this section keeping or dealing in an animal includes—
(a) having custody or control of an animal;
(b) being concerned in the management or control of a body (whether or not incorporated) whose activities include keeping or dealing in animals.
(1) A person commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person—
(a) knowingly does anything which causes or is intended to cause; or
(b) recklessly causes,
an animal or bird to be infected with a disease specified in Schedule 2B to this Act.
(2) A person commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person acquires or retains—
(a) an animal or bird; or
(b) the carcase of an animal or bird,
which the person knows, or ought reasonably to know, to be infected with a disease specified in Schedule 2B to this Act.
(3) A person commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person acquires or retains anything obtained from, produced by or used in connection with—
(a) an animal or bird; or
(b) the carcase of an animal or bird,
which the person knows, or ought reasonably to know, to be infected with a disease specified in Schedule 2B to this Act.
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(5) In this section and sections 28D to 28H, the references to an animal mean any kind of mammal (except man).
(1) Where a person is convicted of an offence under section 28C, any provision of this Act by virtue of which compensation is payable to the person does not apply in respect of anything to which this subsection applies.
(2) Subsection (1) applies to animals to which that offence relates.
(3) Subsection (1) also applies to any other animals which were kept on the same premises as the animals referred to in subsection (2)—
(a) at the same time (or any part of the time) as those animals; and
(b) at or after the time when the offence was committed,
and in relation to which compensation would be payable but for this section.
(4) Subsection (1) also applies to—
(a) any carcases seized under an order made under section 35(1) or 36ZA(1)—
(i) which are of the animals referred to in subsection (2) or of the other animals referred to in subsection (3); and
(ii) in relation to which compensation would be payable but for this section;
(b) other things seized under such an order—
(i) which were obtained from or produced by those animals; and
(ii) in relation to which compensation would be payable but for this section; and
(c) anything else—
(i) seized under such an order; and
(ii) which was present on the same premises as those animals, or those carcases or other things, at the time described by paragraphs (a) and (b) of subsection (3),
and in relation to which compensation would be payable but for this section.
(5) Any compensation paid to a person in respect of anything to which subsection (1) applies may be recovered by the Scottish Ministers.
(6) In subsection (3), “ premises ” includes—
(a) any land or building; or
(b) any other place, in particular—
(i) a vehicle or vessel; or
(ii) a tent or moveable structure.
(1) Where a person is convicted of—
(a) an offence under section 28C; or
(b) an offence under section 28F(16) by reason of owning or keeping an animal,
the convicting court may make an order (in this section and section 28H referred to as a “ deprivation order ”) in respect of any animal in relation to which the offence was committed.
(2) A deprivation order is an order—
(a) depriving a person of possession or ownership (or both) of an animal; and
(b) for—
(i) the destruction;
(ii) the sale; or
(iii) another disposal,
of the animal.
(3) Where the court decides not to make a deprivation order in relation to an offence referred to in subsection (1), it must state its reasons except where it makes a disqualification order in relation to the offence.
(4) A deprivation order may be made in addition to, or instead of, any other penalty or order which may be imposed in relation to a relevant offence.
(5) A deprivation order may make provision in respect of any dependent offspring of an animal to which it applies.
(6) A deprivation order may include—
(a) provision—
(i) appointing a person who is to secure that the order is carried out;
(ii) requiring any person possessing an animal to which the order applies to give it up to a person appointed under sub-paragraph (i);
(b) provision authorising—
(i) a person appointed under paragraph (a)(i); and
(ii) any person acting on that person's behalf,
to enter, for the purposes of securing that the order is carried out, any premises where an animal to which the order applies is kept;
(c) such other provision as the court considers appropriate in connection with the order.
(7) Provision under subsection (6)(c) may, in particular—
(a) require reimbursement of any expenses reasonably incurred in carrying out the order;
(b) relate to the retention of any proceeds of the disposal.
(8) The court may not make a deprivation order involving the destruction of an animal unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the animal.
(9) Before making a deprivation order, the court must give the owner of the animal concerned an opportunity to make representations unless it is not practicable for it to do so.
(10) A deprivation order is, for the purposes of any appeal under the Criminal Procedure (Scotland) Act 1995 (c. 46), to be treated as a sentence.
(11) Where a deprivation order is made, any person (apart from a person who may appeal against the order by virtue of subsection (10)) who has an interest in any animal to which the order applies may appeal to the High Court of Justiciary appropriate Appeal Court against the order by the same procedure as applies under subsection (10).
(11A) In subsection (11), “appropriate Appeal Court” means—
(a) in the case of an appeal against an order made following summary conviction, the Sheriff Appeal Court; and
(b) in the case of an appeal against an order made following conviction on indictment, the High Court of Justiciary.
(12) In this section and section 28G, “ premises ” includes—
(a) any land or building; or
(b) any other place, in particular—
(i) a vehicle or vessel; or
(ii) a tent or moveable structure.
(13) In this section and section 28G, “ veterinary surgeon ” means a person registered in the register of veterinary surgeons, or the supplementary veterinary register, kept under the Veterinary Surgeons Act 1966 (c. 36).
(1) Where a person is convicted of an offence under section 28C or subsection (16), the convicting court may make an order (in section 28E, this section and section 28G referred to as a “ disqualification order ”) disqualifying that person, for such period as it thinks fit, from one or more of the activities specified in subsection (2).
(2) Those activities are—
(a) owning or keeping animals (or both);
(b) dealing in animals;
(c) transporting animals;
(d) working with or using animals;
(e) riding or driving animals;
(f) providing any service relating to animals (including, in particular, for their care) which involves taking possession of animals;
(g) taking possession of animals for the purpose of an activity in respect of which a disqualification mentioned in paragraphs (a) to (f) is imposed;
(h) taking charge of animals for any, or any other, purpose.
(3) For the purposes of subsection (1), disqualification in respect of an activity specified in subsection (2) includes disqualification from any participation in the activity including, in particular—
(a) making arrangements in connection with the activity;
(b) being party to arrangements under which the activity may be controlled or influenced;
(c) being concerned (so far as relating to the activity) in the management or control of a body whose business involves the activity.
(4) However, disqualification by reference to subsection (2)(h) does not include disqualification from taking charge of an animal for so long as is necessary in the circumstances—
(a) with the consent of the owner or keeper of the animal, for the purpose of caring for it;
(b) for the purpose of alleviating any suffering of the animal,
if no alternative arrangements for its care are reasonably available.
(5) Where the court decides not to make a disqualification order in relation to an offence under section 28C or subsection (16), it must state its reasons.
(6) A disqualification order may be made in addition to, or instead of, any other penalty or order which may be imposed in relation to an offence under that section.
(7) A disqualification order may apply to animals generally or to animals of any particular kind.
(8) A disqualification order may specify a period within which an application under subsection (11) may not be made.
(9) The court may suspend the operation of a disqualification order—
(a) for such period as it thinks necessary to enable arrangements to be made for the keeping of any animals to which the disqualification applies;
(b) pending an appeal.
(10) A disqualification order is, for the purposes of any appeal under the Criminal Procedure (Scotland) Act 1995, to be treated as a sentence.
(11) A person who is subject to a disqualification order may apply to the court which imposed the order to terminate or vary it.
(12) An application under subsection (11) may not be made—
(a) before the expiry of the period of one year beginning with the date on which the order was made;
(b) where there has been a previous application under that subsection in relation to the same order, before the expiry of the period of one year beginning with the date on which the previous application was determined; or
(c) within any period specified under subsection (8) or (15).
(13) On an application under subsection (11), the court may—
(a) refuse the application;
(b) terminate the disqualification order; or
(c) vary the disqualification order so as to relax any disqualification imposed by it.
(14) In considering an application under subsection (11), the court must have particular regard to—
(a) the nature of the offence in relation to which the disqualification order was made;
(b) the character of the applicant;
(c) the conduct of the applicant since the order was made.
(15) Where the court refuses an application made under subsection (11), the court may specify a period within which the applicant may not make a further application under that subsection in relation to that order.
(16) A person who breaches a disqualification order commits an offence.
(1) Where the court is satisfied that a person who is subject to a disqualification order owns or keeps any animal in breach of the order, the court may make an order (in this section and section 28H referred to as a “ seizure order ”) in respect of all animals which the person owns or keeps in breach of the disqualification order.
(2) A seizure order may be made—
(a) on summary application by an inspector;
(b) even if proceedings have not been, or are not likely to be, taken against the person for an offence under section 28F(16).
(3) In subsection (2)(a), “ inspector ” means—
(a) a person appointed as an inspector for the purposes of this Act by the Scottish Ministers; or
(b) a person authorised by the Scottish Ministers for those purposes.
(4) A seizure order is an order—
(a) depriving a person of possession or ownership (or both) of an animal; and
(b) for—
(i) the destruction;
(ii) the sale; or
(iii) another disposal,
of the animal.
(5) A seizure order may include—
(a) provision—
(i) appointing a person who is to secure that the order is carried out;
(ii) requiring any person possessing an animal to which the order applies to give it up to a person appointed under sub-paragraph (i);
(b) provision authorising—
(i) a person appointed under paragraph (a)(i); and
(ii) any person acting on that person's behalf,
to enter, for the purposes of securing that the order is carried out, any premises where an animal to which the order applies is kept;
(c) such other provision as the court considers appropriate in connection with the order.
(6) Provision under subsection (5)(c) may, in particular—
(a) require reimbursement of any expenses reasonably incurred in carrying out the order;
(b) relate to the retention of any proceeds of the disposal.
(7) The court may not make a seizure order which involves the destruction of an animal unless it is satisfied, on evidence provided (orally or in writing) by a veterinary surgeon, that destruction would be in the interests of the animal.
(8) Before making a seizure order, the court must give the owner of the animals concerned an opportunity to make representations unless it is not practicable for it to do so.
(9) In determining whether or how to make a seizure order, the court must have regard to the desirability of—
(a) protecting the value of any animal to which the order applies; and
(b) avoiding increasing any expenses which a person may be required to reimburse.
(10) Where an application is made under subsection (2)(a), the court may make an order under this subsection (an “interim order”) containing such provision as the court considers appropriate in relation to the keeping of an animal until the application is finally determined.
(11) Subsections (5), (6)(a) and (9) apply in relation to an interim order as they apply in relation to a seizure order.
(12) The disqualified person by reference to whom a seizure order is made, or any person (apart from that disqualified person) who entered the process prior to the making of the order, may appeal to the Sheriff Principal against the order.
(1) The operation of any deprivation order or seizure order is suspended until—
(a) any period for an appeal against the order has expired;
(b) the period for an appeal against the conviction on which the order depends has expired; and
(c) any appeal against the order or that conviction has been withdrawn or finally determined.
(2) Where the operation of a deprivation order or seizure order is suspended under subsection (1), or such an order is not executable because decree has not been extracted, the court may make an order under this subsection (an “interim order”) containing such provision as the court considers appropriate in relation to the keeping of an animal for so long as the first-mentioned order remains suspended or inexecutable.
(3) An interim order may, in particular, make provision of the sort described in—
(a) paragraphs (a) and (b) of subsection (5) of section 28G;
(b) paragraph (a) of subsection (6) of that section.
(4) In determining whether or how to make an interim order, the court must have regard to the desirability of—
(a) protecting the value of any animal to which the order applies; and
(b) avoiding increasing any expenses which a person may be required to reimburse.
(1) Schedule 2B to this Act has effect as to the specification of certain diseases of animals.
(2) The Scottish Ministers may by order modify Schedule 2B.
(3) An order made under subsection (2)—
(a) is to be laid before the Scottish Parliament; and
(b) ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by a resolution of the Parliament.
(4) However, paragraph (b) of subsection (3) does not apply in relation to an order which—
(a) revokes (wholly or partly) a previous order; and
(b) does nothing else, or nothing else except make provision incidental or supplementary to the revocation.
(5) In reckoning for the purposes of subsection (3)(b) any period of 28 days, no account is to be taken of any period during which the Scottish Parliament is—
(a) dissolved; or
(b) in recess for more than 4 days.
(6) Subsection (3)(b) is without prejudice to anything previously done by reference to a modification made by an order under subsection (2) or to the making of a new order under that subsection.
(7) An order under subsection (2) must include a statement of the reasons for making the order.
(1) This section shall have effect with a view to reducing the risk to human health from any disease of, or organism carried in, animals; and the Ministers may by order designate any such disease or organism which in their opinion constitutes such a risk as is mentioned in this subsection.
In this section “ disease ” is not restricted by its definition in this Act.
(2) Where any disease or organism is for the time being designated under this section, the Ministers may by order—
(a) provide for any provision of this Act which has effect in relation to the disease to have that effect in relation to the disease so designated subject to such modifications as may be specified in the order;
(b) apply any provision of this Act, subject to any modifications so specified, in relation to the presence of the organism in an animal as if the presence of the organism were a disease to which this Act applied.
(3) The Ministers may by order make provision for requiring a person who, in such circumstances as are specified by the order, knows or has reason to suspect that an animal of such description as is specified in the order is or was—
(a) affected with a disease designated under this section, or
(b) a carrier of an organism so designated,
to furnish to such person and in such form and within such period as are specified in the order such information relating to the animal as is so specified.
Animal Health Act 1981 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/ukpga-1981-22
Contains public sector information licensed under the Open Government Licence v3.0.
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