The Specified Animal Pathogens Order 2008

• Citation: S.I. 2008/944
• Sections: 71

Section 1 Title, application and commencement

This Order may be cited as the Specified Animal Pathogens Order 2008, applies in England, and comes into force on 28th April 2008.

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 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 extended so as to comprise any species of bird; and

(c) the definition of “disease” is 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—

“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 or carried;

“premises” includes any land, building or other place; and

“specified animal pathogen” means an animal pathogen listed in Schedule 1, 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 that Schedule that could produce that pathogen when introduced into a biological system in which the nucleic acid is capable of replicating.

(2) In this Order “inspector” does not include an inspector appointed by a local authority.

(3) A licence or notice issued under this Order must be in writing, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time.

Section 4 Prohibitions in relation to specified animal pathogens

(1) No person may have in their possession—

(a) any animal pathogen specified in Part 1 of Schedule 1; or

(b) any carrier in which they know such a pathogen is present,

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

(2) No person may 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) A person must immediately notify the Secretary of State if that person—

(a) has possession of any thing in respect of which they have reasonable grounds for suspecting that an animal pathogen specified in Part 1 of Schedule 1 is present, and

(b) does not have a licence in respect of that pathogen.

Section 5 Exceptions

(1) Article 4 does 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) It does not apply in relation to any pathogen or carrier contained in a product—

(a) authorised to be placed on the market in the United Kingdom as a veterinary medicinal product, or authorised to be administered to an animal in the United Kingdom;

(b) authorised to be placed on the market under the Human Medicines Regulations 2012 ;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6 Powers of inspectors

In addition to the powers set out in the Animal Health Act 1981, an inspector enforcing this Order has the powers set out in Schedule 2.

Section 7 Improvement notices

(1) If an inspector is of the opinion that a person—

(a) is carrying on any activity contravening one or more of the conditions of a licence issued to them under this Order, or

(b) has contravened one or more of those conditions in circumstances that make it likely that the contravention will continue or be repeated,

that inspector may serve on that person a notice (“an improvement notice”).

(2) An improvement notice must—

(a) specify the conditions of the licence that have been contravened;

(b) explain the reasons why the inspector is of that opinion; and

(c) require that person to remedy the contravention or the matters occasioning it, within such period as may be specified in the notice.

(3) A notice must include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates; and any such directions may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter.

Section 8 Prohibition notices

(1) This paragraph applies to any activities for which a licence is required under this Order.

(2) If an inspector is of the opinion that the activities involve or may involve a risk of serious harm to animals, the inspector may serve on that person a notice (“a prohibition notice”).

(3) A prohibition notice must—

(a) state that the inspector is of that opinion;

(b) specify the matters which in that inspector’s opinion give or may give rise to a risk of serious harm to animals; and

(c) direct that the activities to which the notice relates must not be carried on unless the matters specified in the notice have been remedied.

(4) A direction contained in a prohibition notice under sub-paragraph (3)(c) takes effect—

(a) at the end of the period specified in the notice; or

(b) if the notice so declares, immediately.

Section 9 Appeals against improvement and prohibition notices

(1) A person on whom an improvement or prohibition notice is served may within 21 days appeal against the notice to a person appointed for the purpose by the Secretary of State.

(2) The appointed person must consider the appeal and any representations made by the Secretary of State and report in writing, with a recommended course of action, to the Secretary of State.

(3) The Secretary of State may then either cancel the notice or confirm it, with or without modifications, and must notify the appellant, together with the reasons.

Section 10 Licences

No person may contravene a licence condition imposed on that person.

Section 11 Enforcement

(1) This Order is enforced by the Secretary of State.

(2) The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.

Section 12 Revocations

The following Orders are revoked—

(a) the Specified Animal Pathogens Order 1998 in its application to England; and

(b) the Specified Animal Pathogens (Amendment) (England) Order 2006 .

Section 1

African horse sickness virus

Section 2

African swine fever virus

Section 3

Aujesky’s disease virus

Section 4

Avian influenza viruses that are —

(a) uncharacterised;

(b) Type A viruses which have an intravenous pathogenicity index in six-week-old chickens of greater than 1.2; or

(c) Type A viruses H5 or H7 subtype for which nucleotide sequencing has demonstrated multiple basic amino acids at the cleavage site of hæmagglutinin

Section 5

Babesia bovis

Section 6

Babesia bigemina

Section 7

Babesia caballi

Section 8

Bacillus anthracis

Section 9

Bluetongue virus

Section 10

Bovine leucosis virus

Section 11

Brucella abortus

Section 12

Brucella melitensis

Section 13

Brucella ovis

Section 14

Brucella suis

Section 15

Burkholderia mallei

Section 16

Classical swine fever virus

Section 17

Cochliomyia hominivorax

Section 18

Eastern and Western equine encephalomyelitis viruses

Section 19

Echinococcus multilocularis

Section 20

Echniococcus granulosus

Section 21

Ehrlichia ruminantium

Section 22

Equine infectious anemia virus

Section 23

Foot and mouth disease virus

Section 24

Hendra disease virus

Section 25

Histoplasma farciminosum

Section 26

Japanese encephalitis virus

Section 27

Lumpy skin disease virus

Section 28

Mycoplasma agalactiae

Section 29

Mycoplasma capricolum sub species capripneumoniae

Section 30

Mycoplasma mycoides sub species mycoides SC and mycoides LC variants

Section 31

Mycoplasma mycoides var capri

Section 32

Newcastle disease (avian paramyxovirus type 1) viruses which are—

(a) uncharacterised; or

(b) have an intracerebral pathogenicity index in one-day-old chicks of 0.4 or more, when not less than 10 million 50% egg infectious doses (EID50) are administered to each bird in the test.

Section 33

Nipah disease virus

Section 34

Peste des petits ruminants virus

Section 34A

Porcine Reproductive and Respiratory Syndrome virus genotype 2

Section 35

Rabies virus and all viruses of the genus Lyssavirus

Section 36

Rift Valley Fever virus

Section 37

Rinderpest virus