Legalize / United Kingdom / Public General Act

Animal Health Act 1981

Type Public General Act

Publication 1981-06-11

Last updated 2026-03-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part I — General

General powers of Ministers to make orders and to authorise regulations

General powers of Ministers to make orders

1

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.

Local authority regulations

2

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.

Eradication and prevention of disease

Expenditure for eradication

3

(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.

Protocol: exercise of powers

4

(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

(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.

Veterinary services and therapeutic substances

5

(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.

Inspection of vehicles

6

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.

Cleansing and movement

Cleansing and disinfection

7

(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.

Movement generally

8

(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.

Transport by sea and air

Liability under the customs and excise Acts.

9

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.

Liability under the customs and excise Acts.

10

(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;

(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.

Export to member States

11

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.

Export quarantine stations

12

(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.

Control of dogs, and preventive treatment of sheep

Orders as to dogs

13

(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.

Prevention of sheep scab

14

(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.

Part II — Disease

Outbreak

Separation and notice

15

(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.

Treatment after exposure to infection

16

(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

(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;

(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.

Infection

Powers as to infected places and areas

17

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other provisions as to infected places and areas

18

(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

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

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.

Destruction of foxes etc. on rabies infection

19

(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;

(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.

Additional provisions under s. 17 on rabies infection

20

(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.

Destruction of wild life on infection other than rabies

21

(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

(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.

Powers of entry etc. for s. 21

22

(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.

Orders as to infected places and areas

23

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;

(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.

Rabies: quarantine and virus control

24

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.

Movement of diseased or suspected animals

25

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.

Pleuro-pneumonia or foot-and-mouth disease found in transit

26

(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

(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.

Exclusion of strangers

27

(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.

Seizure of diseased or suspected animals

28

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.

Risk to human health

Control of zoonoses

29

(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.

Provisions supplemental to s. 29

30

(1) If it appears to the appropriate Minister that a person may have information relating to—

(a) an animal affected with a disease designated under section 29 above, or

(b) an animal which is a carrier of an organism so designated,

that Minister may by notice in writing require him to furnish to such person and in such form and within such period as are specified in the notice such information relating to the animal as he possesses and is so specified.

In this section “disease” is not restricted by its definition in this Act.

(2) Where a veterinary inspector has reason to believe that an animal such as is mentioned in subsection (1) above is or has been on any land he may, on producing if so required evidence of his authority—

(a) enter the land and make such tests and take such samples of any animal, feeding stuff, litter, dung, vessel, pen, vehicle or other thing whatsoever which is on or forms part of the land as he thinks appropriate for the purpose of ascertaining whether such an animal is or has been on the land; and

(b) require the owner or person having charge of any animals on the land to take such reasonable steps as the inspector may specify for the purpose of collecting or restraining them so as to facilitate the exercise in relation to them of the powers conferred on the inspector by paragraph (a) above.

(3) A person is guilty of an offence against this Act who—

(a) fails to comply with a requirement imposed on him by virtue of section 29 and this section; or

(b) in purported compliance with a requirement to furnish information which is imposed on him by virtue of section 29 and this section, knowingly or recklessly furnishes information which is false in a material particular.

Slaughter

Slaughter in certain diseases

31

Schedule 3 to this Act has effect as to the slaughter of animals in relation to—

(a) cattle plague;

(b) pleuro-pneumonia;

(d) swine-fever; and

(e) diseases of poultry.

Slaughter in other diseases

32

(1) The Minister may, if he thinks fit, cause to be slaughtered any animal which—

(a) is affected or suspected of being affected with any disease to which this section applies; or

(b) has been exposed to the infection of any such disease.

(2) This section applies to such diseases of animals as may from time to time be directed by order of the Ministers.

(3) The Minister shall pay for animals slaughtered under this section compensation of such amount as may be determined in accordance with scales prescribed by order of the Minister made with the Treasury’s approval.

A statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) This section does not apply to poultry; and in this section—

(a) “animals” includes horses;

(b) “disease” is not restricted by its definition in this Act.

Additional staff and expenses

33

(1) The Minister may, for the purposes of his powers under this Act relating to the slaughter by him of animals, birds or amphibians, employ such additional inspectors, valuers and other persons, and at such remuneration, and may incur such expenses, as, subject to the approval of the Treasury, he thinks necessary.

(2) In this section, “animals” means any kind of mammal (except man).

Slaughter and compensation generally

34

(1) The Minister may, notwithstanding anything in this Act, reserve for observation and treatment an animal , bird or amphibian liable to be slaughtered under this Act at his direction but subject to payment of compensation by him as in case of actual slaughter.

(2) Where an animal , bird or amphibian has been slaughtered under this Act at the Minister’s direction, the carcase of the animal , bird or amphibian shall belong to the Minister and shall be buried, or sold, or otherwise disposed of by him, or as he directs, as the condition of the animal , bird or amphibian or carcase and other circumstances may require or admit.

(3) If, in any case, the sum received by the Minister on sale of a carcase under this section exceeds the amount paid for compensation to the owner of the animal , bird or amphibian slaughtered, he shall pay that excess to the owner, after deducting reasonable expenses.

(4) Where an animal , bird or amphibian has been slaughtered under this Act at the Minister’s direction, he may use for the burial of the carcase any ground in the possession or occupation of the owner of the animal , bird or amphibian and suitable in that behalf, or any common or unenclosed land.

(5) If the owner of an animal , bird or amphibian slaughtered under this Act at the Minister’s direction has an insurance on the animal , bird or amphibian , the amount of the compensation awarded to him under this Act may be deducted by the insurers from the amount of the money payable under the insurance before they make any payment in respect of it.

(6) Notwithstanding anything in this Act, the Minister may, if he thinks fit, withhold, either wholly or partially, compensation or other payment in respect of an animal , bird or amphibian slaughtered under this Act at his discretion, where the animal , bird or amphibian , being an imported animal , bird or amphibian , was in his judgment diseased at the time of its landing or, before or while being brought from a member State, exposed to the infection of disease.

(7) The Ministers may make such orders as they think fit for all or any of the following purposes—

(a) for prescribing the mode of ascertainment of the value of an animal , bird or amphibian slaughtered, or liable to be slaughtered, at their direction;

(b) for regulating applications for, and the mode of payment of, compensation;

(c) for prescribing and regulating the destruction, burial, disposal or treatment of carcases of animals , birds or amphibians slaughtered at their direction,

and they may by order provide that subsection (6) above shall cease to have effect.

(8) In this section—

“animal” means any kind of mammal (except man);

“disease” is not restricted by its definition in this Act.

Carcases etc. liable to spread disease

Seizure and disposal of carcases etc.

35

(1) The Ministers may by order make such provision—

(a) for the seizure of anything, whether animate or inanimate, by or by means of which it appears to them that any disease to which this subsection applies might be carried or transmitted, and

(b) for the destruction, burial, disposal or treatment of anything seized under the order,

as they may think expedient for preventing the spread of any such disease.

(1A) Subsection (1) above does not authorise provision for the seizure of any animal; but such an order may provide for the seizure of carcases and of anything obtained from or produced by an animal.

In this subsection, “animal” includes anything that may, by virtue of an order under section 87 below, be included for any of the purposes of this Act in the definition of animals or of poultry contained in that section, and “carcases” is to be construed accordingly.

(2) Subsection (1) above applies to the diseases in the case of which powers of slaughter are exercisable under this Act, that is to say—

(a) to cattle plague, pleuro-pneumonia, foot-and-mouth disease , swine-fever and transmissible spongiform encephalopathies, and any disease within the meaning of section 32 above to which that section for the time being applies and any disease in respect of which an order under section 32A is in force; and

(b) to any disease as defined in relation to poultry by or under section 88 below.

(3) The Ministers may make such orders as they think fit—

(a) for prescribing and regulating the destruction, burial, disposal or treatment of carcases of animals dying while diseased or suspected;

(b) for prescribing and regulating the destruction, burial or disposal of anything seized under subsection (1);

(4) A person is guilty of an offence against this Act who, without lawful authority or excuse, proof of which shall lie on him—

(a) throws or places, or causes or suffers to be thrown or placed, into any river, stream, canal, navigation, or other water, or into the sea within 4.8 kilometres of the shore, the carcase of an animal which has died of disease, or been slaughtered as diseased or suspected; or

(b) digs up, or causes to be dug up, a carcase buried under the direction of the Minister or of a local authority or of a receiver of wreck.

Compensation for seizure

36

(1) The Minister shall pay compensation—

(a) for anything seized under an order made by virtue of section 35(1) above for the purpose of preventing the spread of foot-and-mouth disease;

(b) for anything seized under such an order for the purpose of preventing the spread of any other disease to which section 35(1) applies, except the carcase of or anything obtained from or produced by any animal or bird affected with that disease.

(2) The Ministers may by order provide for the payment by the Minister of compensation for carcases of, or things obtained from or produced by animals or birds affected with any disease to which section 35(1) applies other than foot-and-mouth disease or fowl pest being carcases or things seized under an order made by virtue of section 35(1) above.

(3) The compensation payable under subsection (1) or subsection (2) above for anything seized shall be its value at the time of seizure.

(4) Where anything destroyed, buried or disposed of under an order made under paragraph (e) of section 23 above could have been seized under an order made under section 35(1), the Minister shall pay the like compensation (if any) for it as if it had been so seized at the time of the destruction, burial or disposal.

(5) The Ministers may make such orders as they think fit for all or any of the following purposes—

(a) for prescribing how the value of anything seized under section 35(1) is to be ascertained;

(b) for regulating applications for, and the mode of payment of, any compensation payable by virtue of this section;

Part III — Welfare and Export

Care

Prevention of suffering

37

(1) The Ministers may make such orders as they think fit for the purpose of protecting animals from unnecessary suffering—

(a) during inland transit, including transit by an aircraft on a flight beginning and ending in Great Britain; or

(b) while exposed for sale; or

(2) The Ministers may make such orders as they think fit—

(a) for ensuring for animals carried by sea or by air proper ventilation during the passage and on landing; and

(b) for protecting them from unnecessary suffering during the passage and on landing.

Food and water

38

(1) The Ministers may make such orders as they think fit for ensuring for animals a proper supply of food and water—

(a) for any period in which the animals are detained; and

(b) during their passage by sea or by air and on landing.

(2) The following bodies—

(a) The Boards established by the Transport Act 1962,

(b) the London Transport ExecutiveTransport for London, and

shall to the satisfaction of the appropriate Minister provide food and water, or either of them, at such railway stations as the appropriate Minister by general or specific description directs, for animals carried, or about to be or having been carried, on the railway of any of those bodies, and the additional provisions of Schedule 4 to this Act have effect accordingly.

In this subsection and in Schedule 4—

(i) references to the bodies mentioned in paragraphs (a) and (b) include in the case of those mentioned in paragraph (a) wholly-owned subsidiaries of those bodies and in the case of Transport for London, any of its subsidiaries (within the meaning of the Greater London Authority Act 1999);

(ii) “railway company” includes a person working a railway under lease or otherwise.

Export

Export of animals generally

39

(1) The Ministers may by order provide in the interests of animal welfare for regulating the exportation from Great Britain of animals, 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.

(2) Without prejudice to the generality of subsection (1) above, an order under this section may include provision for requiring persons proposing to export animals from Great Britain to furnish information about—

(a) the intended ultimate destination of the animals;

(b) the arrangements for conveying them to that destination; and

Export of horses other than those defined as ponies

Restriction on export of horses

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Export of horses defined as ponies

Restriction on export of ponies

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on export of registered ponies

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation of export of ponies

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other provisions as to export of horses

Slaughter on examination or inspection

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marking of horses certified for export

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Slaughter of injured horses

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption of thoroughbreds in transit

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certificates

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement and interpretation

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV — Local Authorities

Local authorities for purposes of this Act

50

(1) In this Act “local authority” has the meaning given by subsections (2) and (3) below, but subject to subsection (4) below and to section 13(3) above.

(2) In the application of this Act to England and Wales “local authority” means—

(a) as respects a London borough, the borough council,

(b) as respects a non-metropolitan county, the county council,

(bb) as respects a county borough, the county borough council,

(3) In the application of this Act to Scotland “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(4) Where the district or part of a district of a local authority is or comprises, or is comprised in—

(a) a port or part of a port, or

(b) an aerodrome or part of an aerodrome,

the appropriate Minister may, if he thinks fit, in relation to either paragraph (a) or paragraph (b) above by order make any body, other than the local authority under subsection (2) or subsection (3) above, the local authority for the purposes of the provisions of this Act relating to imported animals.

(5) A local authority shall execute and enforce this Act and every order of the Minister so far as they are to be executed and enforced by local authorities.

Local authorities and their districts

51

(1) The provision of this Act conferring powers on, or otherwise relating to, a local authority, or their inspectors or officers shall, unless otherwise expressed, be read as having reference to the district of the local authority.

(2) The powers so conferred shall, unless it is otherwise expressed, be exercisable and shall operate within and in relation to that district only.

Inspectors and other officers

52

(1) Every local authority shall appoint as many inspectors and other officers as the local authority think necessary for the execution and enforcement of this Act.

(2) Every local authority shall assign to those inspectors and officers such duties, and salaries or allowances, and may delegate to any of them such authorities and discretion, as to the local authority seem fit, and may at any time revoke any appointment so made.

Borrowing powers

53

(1) A local authority may borrow for the purposes of this Act.

(2) In Scotland the power conferred by this section shall only be exercisable where the expenditure of the local authority under this Act requiring to be met out of rates in any financial year exceeds or would exceed the produce of a rate of 2½p. in the pound on the rateable valuation of the authority’s area.

Provision of wharves etc.

54

(1) A local authority may provide, erect and fit up wharves, stations, lairs, sheds and other places for the landing, reception, keeping, sale, slaughter or disposal of imported or other animals, carcases, fodder, litter, dung and other things.

(2) There shall be incorporated with this Act the Markets and Fairs Clauses Act 1847, except sections 6 to 9, and 52 to 59.

(3) A wharf or other place provided by a local authority under this section shall be a market within that Act, and this Act shall be the special Act; and

(a) the prescribed limits shall be the limits of lands acquired or appropriated for the purposes of this section;

(b) byelaws shall be approved by the appropriate Minister, which approval shall be sufficient without any other approval or allowance where—

(i) notice of application for approval has been given, and

(ii) the proposed byelaws have been published before application,

as required by that Act of 1847.

(4) A local authority may charge for the use of a wharf or other place provided by them under this section such sums as may be imposed by byelaws, and those sums shall be deemed tolls authorised by the special Act.

(5) All sums so received by a local authority in England or Wales—

(a) shall be carried to a separate account; and

(b) shall be applied in payment of interest and repayment of principal in respect of money borrowed by them under this Act; and

(6) The local authority shall make such periodical returns to the appropriate Minister as he may require of their expenditure and receipts in respect of the wharf or other place.

Power to acquire land

55

(1) A local authority may—

(a) purchase land by agreement, or

(b) if so authorised by the Minister or the appropriate Minister, purchase land compulsorily, or

for the following purposes—

(i) for wharves or other places; or

(ii) for use for burial of carcases, in cases where there is not any ground suitable in that behalf in the possession or occupation of the owner of the animal, or any common or unenclosed land suitable and approved by the Minister or the appropriate Minister in that behalf; or

(iii) for any other purpose of this Act.

(2) The powers conferred by this section may be exercised by a local authority in England or Wales with respect to land within or without their district.

(3) References in the Acquisition of Land (Authorisation Procedure) Act 1946 and the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 to enactments in force immediately before the respective commencements of those Acts shall include references to this section.

This subsection is without prejudice to a paragraph (a) of section 17(2) of the Interpretation Act 1978 as regards references in an Act to an enactment repealed and re-enacted.

Public facilities for sheep dipping

56

(1) A local authority may provide, fit up and maintain portable dipping tanks or dipping places, and afford their use, and the use of all necessary connected appliances and materials, to the public upon such terms and conditions as the local authority may think fit.

(2) Any sums received by a local authority in England or Wales for such use shall be applied by them towards the discharge of their expenses under this Act.

(3) No dipping place shall be used for the purposes of this section if such use would injuriously affect the water in any stream, reservoir, aqueduct, well, pond or place constructed or used for the supply of water for drinking or other domestic purposes.

Burial of carcases washed ashore

57

(1) Where a carcase washed ashore is buried or destroyed under the direction of a receiver of wreck with authority from the Secretary of State the expenses of such burial or destruction shall be expenses of the local authority.

(2) Those expenses shall be paid by the local authority to the receiver on demand, and in default of payment shall be recoverable with costs by the receiver from the local authority.

(3) Where a local authority has incurred any expenses under this section on account of the burial or destruction of the carcase of any animal which, or the carcase of which, was thrown or washed from any vessel, the owner of the vessel shall be liable to repay such expenses to the local authority.

Regulations

58

(1) A regulation of a local authority may be proved—

(a) by the production of a newspaper purporting to contain the regulation as an advertisement; or

(b) by the production of a copy of the regulation purporting to be certified by the clerk of the local authority as a true copy.

(2) A regulation so proved shall be taken to have been duly made, unless and until the contrary is proved.

(3) A regulation of a local authority authorised by this Act or by an order of the Minister shall alone be deemed for the purposes of this Act a regulation of a local authority.

Default

59

(1) Where a local authority fail to execute or enforce any of the provisions of this Act, or of an order of the Minister, the appropriate Minister may by order empower a person named in that order—

(a) to execute and enforce those provisions; or

(b) to procure their execution and enforcement.

(2) The expenses incurred under any such order or in respect of any such default by or on behalf of the appropriate Minister shall be expenses of the local authority, and

(a) the treasurer or other proper officer of the local authority shall pay the amount of such expenses to the appropriate Minister on demand; and

(b) in default of payment a person appointed by the appropriate Minister to sue in that behalf may recover the amount of such expenses from the local authority.

(3) For the purposes of this section an order of the Minister shall be conclusive in respect of any default, amount of expenses, or other matter stated or appearing in it.

(4) The provisions of this section are without prejudice to the right or power of the appropriate Minister, or any other authority or any person, to take any other proceedings for requiring a local authority to execute or enforce any of the provisions of this Act or of an order of the Minister.

Part V — Enforcement, Offences and Proceedings

Enforcement

Duties and authorities of constables

60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of arrest as to rabies

61

(1) Without prejudice to the powers of arrest conferred by section 60 above or otherwise, a constable may arrest without warrant any person whom he, with reasonable cause, suspects to be in the act of committing or to have committed an offence to which this section applies.

(2) The offences to which this section applies for the purposes of section 17(1)(caa) of the Police and Criminal Evidence Act 1984 are offences against this Act consisting of—

(a) the landing or attempted landing of any animal or importation or attempted importation through the tunnel system as defined in the Channel Tunnel Act 1987 of any animal in contravention of an order made under this Act and expressed to be made for the purpose of preventing the introduction of rabies into Great Britain; or

(b) the failure by the person having the charge or control of any vessel or boat to discharge any obligation imposed on him in that capacity by such an order; or

(c) the movement, in contravention of an order under section 17 or section 23 above, of any animal into, within or out of a place or area declared to be infected with rabies.

Entry and search under s. 61

62

(1) For the purpose of arresting a person under the power conferred by section 61 above a constable may enter (if need be, by force) and search any vessel, boat, aircraft or vehicle of any other description in which that person is or in which the constable, with reasonable cause, suspects him to be.

(2) For the purpose of exercising any power to seize an animal or cause an animal to be seized, and—

(a) where that power is conferred on constables by an order made under this Act, and

(b) where that power is expressed to be made for the purpose of preventing the introduction of rabies into Great Britain.

a constable may enter (if need be, by force) and search any vessel, boat, aircraft or vehicle of any other description in which there is, or in which he, with reasonable cause, suspects that there is, an animal to which that power applies.

General powers of inspectors

63

(1) An inspector has—

(a) for the purposes of this Act, but

(b) with the exception of the powers conferred by sections 61 and 62 above,

all the powers which a constable has, under this Act or otherwise, in the place where the inspector is acting.

(2) An inspector may at any time enter any land or shed to which this Act applies, or other building or place where he has reasonable grounds for supposing—

(a) that disease exists or has within 56 days existed; or

(b) that the carcase of a diseased or suspected animal is or has been kept, or has been buried, destroyed, or otherwise disposed of; or

(ba) that the carcase of an animal, bird or amphibian slaughtered by virtue of section 16B, Part 2B or Schedule 3A is or has been kept, or has been buried, destroyed, or otherwise disposed of; or

(c) that there is to be found any pen, place, vehicle, or thing in respect of which any person has on any occasion failed to comply with the provisions of this Act, or of an order of the Minister, or of a regulation of the Scottish Ministers under this Act, or of a regulation of a local authority; or

(d) that this Act or an order of the Minister or a regulation of the Scottish Ministers under this Act or a regulation of a local authority has not been or is not being complied with.

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