The Specified Animal Pathogens Order 1998

• Citation: S.I. 1998/463
• Sections: 9

Section 1 Title and commencement

This Order may be cited as the Specified Animal Pathogens Order 1998 and shall come into force on 1st April 1998.

Section 2 Extension of the definition of “animal”, “poultry” and “disease”

For the purposes of the Animal Health Act 1981 in relation to this Order—

(a) the definition of “animal” is hereby extended so as to comprise any kind of mammal except man, and any kind of four-footed beast which is not a mammal;

(b) the definition of “poultry” is hereby extended so as to comprise any species of bird;

(c) the definition of “disease” is hereby extended so as to comprise any disease of animals and poultry which may be caused by one or more specified animal pathogens.

Section 3 Interpretation

(1) In this Order, unless the context otherwise requires—

“animal” includes poultry;

“carrier” means any living creature except man which may carry or transmit a specified animal pathogen or the tissue, cell culture, body fluid, excreta, carcase or part of a carcase of such creature by or by means of which a specified animal pathogen may be transmitted;

“specified animal pathogen” means an animal pathogen listed in the Schedule to this Order, including—

intact pathogens;

pathogens which have been attenuated or genetically modified by any means, and

any nucleic acid derived from an animal pathogen listed in the Schedule which could produce that pathogen when introduced into a biological system in which the nucleic acid is capable of replicating.

(2) A licence or notice issued under this Order shall be in writing, may be subject to conditions and may be modified, suspended or revoked by notice in writing served on the licensee or recipient of the original notice at any time.

Section 4 Prohibitions in relation to specified animal pathogens

(1) No person shall have in his possession—

(a) any animal pathogen specified in Part 1 of the Schedule to this Order; or

(b) any carrier in which he knows such a pathogen is present,

except under the authority of a licence issued by the Secretary of State.

(2) No person shall deliberately introduce into any animal any animal pathogen specified in either Part 1 or Part 2 of that Schedule, except under the authority of a licence issued by the Secretary of State.

(3) Paragraphs (1) and (2) are subject to article 5.

(4) If any person has in his possession any thing in respect of which he has reasonable grounds for suspecting that an animal pathogen specified in Part 1 of that Schedule is present, and does not have a licence in respect of that pathogen, he shall forthwith notify a veterinary inspector.

Section 5 Exceptions

(1) Article 4 above shall not apply to any person who is transporting a pathogen or carrier and who does not own or have any rights in that pathogen or carrier.

(2) Article 4 above shall not apply in relation to any pathogen or carrier contained in a product—

(a) permitted to be placed on the market under the Veterinary Medicines Regulations 2005 or the Medicines for Human Use (Marketing Authorisations etc) Regulations 1994;

(b) licensed in accordance with the provisions of section 7(2) of the Medicines Act 1968 ; or

(c) in respect of which an animal test certificate has been issued in accordance with regulation 8(3) of the Veterinary Medicines Regulations 2005.

Section 6 Powers of inspectors

(1) Where an inspector has reasonable grounds for suspecting that a specified animal pathogen or a carrier is in the possession of a person who does not hold a licence permitting work with that pathogen in contravention of this Order or in contravention of a condition of a licence granted under this Order he may at any time seize, or cause to be seized, such pathogen, carrier or any material in which he reasonably suspects such pathogen to have been kept or into which he reasonably suspects it to have been introduced.

(2) A veterinary inspector may, if he considers it expedient to do so for the purpose of preventing the introduction or spreading of disease into or within Great Britain, detain, treat or destroy any pathogen, carrier or material seized under paragraph (1) above.

(3) A veterinary inspector may, by notice in writing served upon the occupier of any premises (including a dwelling house), or upon the owner or person in charge of any vehicle by which any specified pathogen, carrier or material is or has been present in contravention of this Order or of a licence issued under it, require the person on whom the notice was served to cleanse and disinfect such premises, place or vehicle in such manner as he may by such notice specify at the expense of the person on whom the notice is served.

(4) Where the requirements of a notice served under paragraph (3) above have not been complied with, a veterinary inspector may carry out or cause to be carried out the cleansing and disinfection specified in the notice at the expense of the person on whom the notice has been served.

Section 7 Production of licences

Any person acting under the authority of a licence shall produce it on demand to a veterinary inspector, officer of the appropriate Minister or an inspector of the local authority and allow a copy of it to be taken and shall, if required by that person, furnish his name and address.

Section 8 Enforcement

This Order shall be enforced by the local authority.

Section 9 Revocation and transitional provision

(1) The Specified Animal Pathogens Order 1993 is revoked.

(2) Any notice or licence issued under the Specified Animal Pathogens Order 1993 shall continue to have effect as if made under the equivalent provision of this Order.