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

(3) An inspector may at any time enter any pen, vehicle, vessel, boat or aircraft in which or in respect of which he has reasonable grounds for supposing 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.

(4) An inspector entering as authorised by the foregoing provisions of this section shall, if required by the owner, or occupier, or person in charge of the land, building, place, pen, vehicle, vessel, boat or aircraft state in writing his reasons for entering.

(5) For the purpose of ascertaining whether the provisions of any order under section 10 above or the conditions of any licence issued in accordance with any such order are being complied with, an inspector may at any time enter—

(a) any vessel, boat, aircraft or vehicle of any other description which is for the time being within the limits of a port, within the meaning of the Customs and Excise Management Act 1979, or at a customs and excise airport, within the meaning of that Act; or

(b) any vessel, boat or aircraft which does not fall within paragraph (a) above but which he has reasonable grounds for supposing has recently been brought into Great Britain.

(6) Without prejudice to subsection (5) above, an inspector may at any time enter—

(a) any land, building or other place, or

(b) any vessel, boat, aircraft or vehicle of any other description,

on or in which he has reasonable grounds for supposing that there is being or has been kept any animal or other thing which has been imported and the importation of which is for the time being prohibited or regulated by an order under section 10; and in this subsection “animals” and “imported” have the same meaning as in that section.

(7) A certificate of a veterinary inspector to the effect that an animal , bird or amphibian is or was affected with a disease specified in the certificate shall, for the purposes of this Act, be conclusive evidence in all courts of justice of the matter certified.

(7A) In subsection (7)—

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

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

(8) An inspector of the Minister has all the powers of an inspector throughout Great Britain or that part for which he is appointed.

(9) In addition to the powers conferred by this section upon inspectors, an inspector of the Minister may at any time, enter any land, building or other place, on or in which he has reasonable grounds for supposing that animals are or have been kept, for the purpose of ascertaining whether any disease exists there or has within 56 days existed there.

This subsection does not have effect in relation to poultry.

(10) An inspector acting under this section must, if required, produce evidence of the inspector's authority.

Powers of inspectors as to poultry

64

(1) An inspector of the Ministry and, if so authorised by an order of the Minister, an inspector of a local authority, may at any time enter any pen, shed, land or other place in which he has reasonable grounds for supposing that poultry are or have been kept, for the purpose of ascertaining whether disease exists or has existed in or on them.

(2) For the purpose of enforcing any order for protecting poultry from unnecessary suffering, an inspector may examine—

(a) poultry in any circumstances to which the order relates, and

(b) any receptacle or vehicle used for their conveyance or exposure for sale,

and he may enter any premises, vessel or aircraft in which he has reasonable ground for supposing that there are poultry—

(i) exposed for sale; or

(ii) in course of conveyance; or

(iii) packed for conveyance or exposure for sale.

(3) An inspector acting under this section must, if required, produce evidence of the inspector's authority.

Power to detain vessels and aircraft

65

(1) Where an inspector of the Minister is satisfied 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 on board a vessel in port, then, on the inspector’s representation in writing to that effect, stating particulars of non-compliance, the vessel may be detained until the appropriate Minister otherwise directs.

(2) The officer detaining the vessel shall forthwith deliver to the master or person in charge of the vessel a copy of the representation.

(3) Section 284 of the Merchant Shipping Act 1995 shall apply in the case of such detention as if it were authorised or ordered under that Act.

(4) In relation to aircraft the Ministers may—

(a) by an order under this Act adapt that section of the 1995 Act as applied in the case of the detention of a vessel under this section; or

(b) make such other provision instead of it as they think expedient.

Refusal and obstruction

66

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

(a) refuses to an inspector or other officer, acting in execution of this Act, or of an order of the Minister, or of regulations made by the Scottish Ministers under this Act, or of a regulation of a local authority, admission to any land, building, place, pen, vessel, boat, aircraft or vehicle of any other description which the inspector or officer is entitled to enter or examine; or

(b) obstructs or impedes him in so entering or examining; or

(c) otherwise in any respect obstructs or impedes an inspector or constable or other officer in the execution of his duty, or assists in any such obstructing or impeding.

Offences as to licences, declarations, certificates and instruments

Issue of false licences etc.

67

A person is guilty of an offence against this Act—

(a) who grants or issues a licence, certificate or instrument made or issued, or purporting to be made or issued under or for any purpose of this Act, or of an order of the Minister, or of a regulation of a local authority, which is false in any date or other material particular, unless he shows to the court’s satisfaction that he did not know of that falsity, and that he could not with reasonable diligence have obtained knowledge of it; or

(b) who grants or issues such a licence, certificate or instrument not having, and knowing that he has not, lawful authority to grant or issue it.

Issue of licences etc. in blank

68

A person is guilty of an offence against this Act—

(a) who, with intent unlawfully to evade or defeat this Act, or an order of the Minister, or a regulation of a local authority, grants or issues an instrument being in form a licence, certificate or instrument made or issued under this Act, or such an order or regulation, for permitting or regulating the movement of a particular animal, or the doing of any other particular thing, but being issued in blank, that is to say, not being before its issue so filled up as to specify any particular animal or thing;

(b) who uses or offers or attempts to use for any purpose of this Act, or such an order or regulation, an instrument so issued in blank, unless he shows to the court’s satisfaction that he did not know of it having been so issued in blank, and that he could not with reasonable diligence have obtained knowledge of it.

Falsely obtaining licences etc.

69

A person is guilty of an offence against this Act—

(a) who for the purpose of obtaining a licence, certificate or instrument makes a declaration or statement false in any material particular, or

(b) who obtains or endeavours to obtain a licence, certificate or instrument by means of a false pretence,

unless he shows to the court’s satisfaction that he did not know of that falsity, and that he could not with reasonable diligence have obtained knowledge of it.

Alteration of licences etc.

70

A person is guilty of an offence against this Act, who, with intent unlawfully to evade this Act, or an order of the Minister, or a regulation of a local authority—

(a) alters, or falsely makes, or ante-dates, or counterfeits a licence, declaration, certificate or instrument made or issued, or purporting to be made or issued, under or for any purpose of this Act or such an order or regulation; or

(b) offers or utters such a licence, declaration, certificate or instrument knowing it to be altered, or falsely made, or ante-dated or counterfeited.

Other offences as to licences

71

A person is guilty of an offence against this Act—

(a) who, with intent unlawfully to evade this Act, or an order of the Minister, or a regulation of a local authority, does anything for which a licence is requisite under this Act, or such an order or regulation, without having obtained a licence; or

(b) who, where a licence is so requisite, having obtained a licence, with the like intent does the thing licensed after the licence has expired; or

(i) an instrument not being a complete licence, or

(ii) an instrument untruly purporting or appearing to be a licence,

unless he shows to the court’s satisfaction that he did not know of that incompleteness or untruth, and that he could not with reasonable diligence have obtained knowledge of it.

Offences generally

Offences made and declared by and under this Act

72

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

(a) does or omits anything the doing or omission of which is declared by this Act or by an order of the Minister to be an offence by that person against this Act; or

(b) does anything which by this Act or such an order is made or declared to be not lawful.

General offences

73

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

(a) does anything in contravention of this Act, or of an order of the Minister, or of regulations made by the Scottish Ministers under this Act, or of a regulation of a local authority; or

(b) fails to give, produce, observe or do any notice, licence, rule or thing which by this Act or such an order or regulation he is required to give, produce, observe or do.

Further provisions as to punishment of offences

Liability under the customs and excise Acts

74

A person who—

(a) lands or ships or attempts to land or ship or brings or attempts to bring through the tunnel system as defined in the Channel Tunnel Act 1987 an animal or thing, and

(b) by so doing is in contravention of this Act or of an order of the Minister,

is liable under and according to the customs and excise Acts to the penalties imposed on persons importing or exporting or attempting to import or export goods the importation or exportation of which is prohibited.

Punishment of summary offences not otherwise provided for

75

(1) This section applies to any offence under this Act for which no penalty is specified.

(2) A person guilty of an offence to which this section applies is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

Certain importation offences triable either summarily or on indictment

76

(1) Where—

(a) an offence against this Act which is declared to be such by an order under section 10 above, and

(b) that order is expressed to be made for the purpose of preventing the introduction of rabies into Great Britain,

that offence may be tried either summarily or on indictment.

(2) For an offence triable under subsection (1) above a person shall be liable—

(a) on summary conviction to a fine not exceeding the statutory maximum;

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 12 months or to both.

(3) Where an order under section 10 declares that this subsection applies to an offence which consists of—

(a) a contravention of, or failure to comply with, any provision of that order, or

(b) a failure to observe any conditions to which a licence issued in accordance with that order is subject,

that offence may be tried either summarily or on indictment, and a person convicted of such an offence shall be liable as provided in paragraphs (a) and (b) of subsection (2) above.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings

Money recoverable summarily

77

Any money by this Act or an order of the Minister made recoverable summarily may be so recovered as a civil debt, and in England and Wales this shall be in accordance with the Magistrates’ Courts Act 1980.

Appeal

78

If any person thinks himself aggrieved—

(a) by the dismissal of a complaint by, or

(b) by any determination or adjudication of,

a magistrates’ court in England or Wales under this Act, he may appeal to the Crown Court.

Evidence and procedure

79

(1) In any proceeding under this Act no proof shall be required of the appointment or handwriting of an inspector or other officer of the Minister or of the clerk or an inspector or other officer of a local authority.

(2) Where the owner or person in charge of an animal , bird or amphibian is charged with an offence against this Act relative to disease or to any illness of the animal , bird or amphibian , he shall be presumed to have known of the existence of the disease or illness unless and until he shows to the court’s satisfaction that—

(a) he had not knowledge of the existence of that disease or illness, and

(b) he could not with reasonable diligence have obtained that knowledge.

(2A) In subsection (2)—

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

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

(3) Where a person—

(a) is charged with an offence against this Act in not having duly cleansed or disinfected any place, vessel, aircraft, vehicle or thing belonging to him or under his charge, and

(b) a presumption against him on the part of the prosecution is raised,

it shall lie on him to prove the due cleansing and disinfection mentioned in paragraph (a).

(4) Every offence against this Act shall be deemed to have been committed, and every cause of complaint or matter for summary proceeding under this Act or an order of the Minister or regulations made by the Scottish Ministers under this Act or regulation of a local authority shall be deemed to have arisen, either in any place—

(a) where it actually was committed or arose; or

(b) where the person charged or complained of or proceeded against happens to be at the time of the institution or commencement of the charge, complaint or proceeding.

(5) Nothing in subsections (2) to (4) above applies in relation to an offence under section 4 above.

Part VI — Supplemental

Reports and information

Yearly return to Parliament

80

(1) The Ministers shall make and lay before both Houses of Parliament not later than 31st March a yearly return stating the proceedings and expenditure under this Act of the Ministers, and, as far as reasonably may be, of all local authorities, in the year ending the previous 31st December.

(2) The return shall also—

(a) show the number of imported animals landed and found diseased in that year, specifying separately the different kinds of disease, and the ports and aerodromes of exportation and landing, and the mode of disposal of the animals; and

(b) contain such other information respecting the operation of this Act as the Ministers think fit.

Reports to Minister

81

Every local authority and their inspectors and officers shall give to the appropriate Minister such notices, reports, returns and information as he requires.

Information from Agricultural Marketing Boards

82

Every board administering a scheme under the Agricultural Marketing Act 1958 shall give to the appropriate Minister such information as he may reasonably require for the purposes of his functions under this Act.

Notices, fees, and exemption from stamp duty

Form and service of instruments

83

(1) Every notice under this Act or under any order or regulation made under this Act must be in writing.

(2) The Ministers may make such orders as they think fit for prescribing and regulating the form and mode of service or delivery of notices and other instruments.

(3) Any notice or other instrument under this Act or under an order of the Minister or a regulation of a local authority may be served on the person to be affected by it, either—

(a) by its delivery to him personally; or

(b) by the leaving of it for him at his last known place of abode or business; or

(4) A notice or other instrument—

(a) to be served on the occupier of any building, land or place, may, except when sent by post, be addressed to him by the designation of the occupier of that building, land or place, without naming or further describing him; and

(b) where it is to be served on the several occupiers of several buildings, lands or places, may, except when sent by post, be addressed to them collectively by the designation of the occupiers of those several buildings, lands or places, without further naming or describing them, but separate copies of it being served on them severally.

Fees

84

(1) The Ministers may by order made with the Treasury’s approval prescribe fees to be paid with respect to such business transacted or to be transacted under this Act as may be specified in the Order.

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

(2) Where—

(a) an order under subsection (1) above provides for the payment of a fee before the transaction of the business with respect to which it is payable, and

(b) the business is not transacted or not wholly transacted,

the Minister to whom the fee was paid may, if he thinks fit, repay the whole or part of the fee.

(3) Where—

(a) an order under subsection (1) provides for any fee to be paid on the making of an application in a case where previously a fee was payable only if the application was granted, then,

(b) as respects anything done in pursuance of an application made before the coming into operation of the order, the same fee shall be payable as before the coming into operation of the order and shall be so payable at the time at which it would then have been payable.

Exemption from stamp duty

85

No stamp duty shall be payable on any appointment, certificate, declaration, licence or thing under this Act, or an order of the Minister, or a regulation of a local authority.

Interpretation, functions, and orders etc.

Ministers and their functions

86

(1) In this Act—

(a) “the Minister” means, in relation to the whole of Great Britain, the Minister of Agriculture, Fisheries and Food, and “Ministry” shall be construed accordingly,

(b) “the appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or to Wales, the Secretary of State,

(c) “the Ministers” means, in relation to the whole of Great Britain, the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly,

but in the case of any function under the following provisions of this Act—

(i) section 21, so far as it is applicable in relation to brucellosis, tuberculosis, dourine or infestation with maggot of the warble fly,

(ii) any other provision so far as it is applica ble in relation to brucellosis, brucellosis melitensis, tuberculosis or infestation of cattle with the maggot of the warble fly,

that function, notwithstanding that it is expressed to be exercisable by the Minister or the Ministers, shall be exercisable only by the appropriate Minister.

(2) The powers and duties conferred and imposed by this Act on the Minister shall be executed and discharged by . . . this Act.

Meaning of " animals " and " poultry "

87

(1) In this Act, unless the context otherwise requires, “animals” means—

(a) cattle, sheep and goats, and

(b) all other ruminating animals and swine,

subject to subsections (2) and (3) below.

(2) The Ministers may by order for all or any of the purposes of this Act extend the definition of “animals” in subsection (1) above so that it shall for those or any of those purposes comprise—

(a) any kind of mammal except man; and

(b) any kind of four-footed beast which is not a mammal.

(3) The Ministers may by order for all or any of the purposes of this Act (except so far as it relates to disease) extend the definition of “animals” in subsection (1) so that it shall for those or any of those purposes comprise—

(a) fish, reptiles, crustaceans, or

(b) other cold-blooded creatures of any species,

not being creatures in respect of which an order can be made under subsection (2) above.

(4) In this Act, subject to subsection (5) below and unless the context otherwise requires, “poultry” means birds of the following species—

(a) domestic fowls, turkeys, geese, ducks, guinea-fowls and pigeons, and

(b) pheasants and partridges,

and subject to the provisions mentioned below, this Act has effect in relation to poultry as it has effect in relation to animals.

The provisions of this Act referred to above are sections 15(5), 32(4), and 63(9).

(5) The Ministers may by order for all or any of the purposes of this Act, in so far as it applies to poultry—

(a) extend the definition of “poultry” in subsection (4) above so that it shall for those or any of those purposes comprise any other species of bird; or

(b) restrict that definition so that it shall for those or any of those purposes exclude any of the species of bird mentioned in paragraph (b) of subsection (4).

Meaning of " disease "

88

(1) In this Act, unless the context otherwise requires, “disease” means cattle plague, pleuro-pneumonia, foot-and-mouth disease, sheep-pox, sheep scab, or swine fever, subject to subsection (2) below.

(2) The Ministers may by order for all or any of the purposes of this Act extend the definition of “disease” in subsection (1) above so that it shall for those or any of those purposes comprise any other disease of animals.

(3) In this Act, in so far as it applies to poultry, and unless the context otherwise requires, “disease” means—

(a) fowl pest in any of its forms, including Newcastle disease and fowl plague; and

(b) fowl cholera, infectious bronchitis, infectious laryngotracheitis, pullorum disease, fowl typhoid, fowl pox and fowl paralysis,

subject to subsection (4) below.

(4) The Ministers may by order for all or any of the purposes of this Act—

(a) extend the definition of “disease” in subsection (3) above so that it shall for those or any of those purposes comprise any other disease of birds; or

(b) restrict that definition so that it shall for those or any of those purposes exclude any of the diseases mentioned in paragraph (b) of subsection (3).

Other interpretation provisions

89

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

“aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft;

“carcase” means the carcase of an animal and includes part of a carcase, and the meat, bones, hide, skin, hooves, offal or other part of an animal, separately or otherwise, or any portion thereof;

“cattle” means bulls, cows, steers, heifers, and calves;

“cattle plague” means rinderpest or the disease commonly called cattle plague;

“the customs and excise Acts” has the meaning given by the Customs and Excise Management Act 1979;

“diseased” means affected with disease;

“district”, when used with reference to a local authority, means the area for which the local authority exercises powers under this Act;

“export quarantine station” has the meaning given by section 12(1) above;

“fodder” means hay or other substance commonly used for food of animals;

“horse” includes ass and mule;

“imported” means brought to Great Britain from a country out of Great Britain;

“inspector” means a person appointed to be an inspector for the purposes of this Act by the Minister or by a local authority, and, when used in relation to an officer of the Ministry, includes a veterinary inspector;

“justice” means justice of the peace;

“litter” means straw or other substance commonly used for bedding or otherwise for or about animals;

“local authority” has the meaning given by section 50 above;

“order of the Minister” means an order under this Act of the Minister, the appropriate Minister, or the Ministers, as the case may be;

“pleuro-pneumonia” means contagious pleuro-pneumonia of cattle;

“pony” means any horse not more than 147 centimetres in height, except a foal travelling with its dam if the dam is over 147 centimetres;

“suspected” means suspected of being diseased;

“swine-fever” means the disease known as typhoid fever of swine, soldier purples, red disease, hog cholera or swine-plague;

“veterinary inspector” means a veterinary inspector appointed by the Minister.

(2) In the computation of time for the purposes of this Act, a period reckoned by days from the happening of an event or the doing of an act or thing shall be deemed to be exclusive of the day on which the event happened or the act or thing is done.

Application to hovercraft

90

The enactments and instruments with respect to which provision may be made by Order in Council in pursuance of section 1(1)(h) of the Hovercraft Act 1968 include this Act and any instrument made or having effect as if made under it.

Orders etc.

91

(1) The Minister, the appropriate Minister or the Ministers, as the case may be, shall publish in the London Gazette and the Edinburgh Gazette a notice of any order of the Minister stating—

(a) that the order has been made; and

(b) where copies of the order may be obtained.

(2) Every local authority shall at their own expense publish every order of the Minister, and every licence or other instrument sent to them by the Minister, the appropriate Minister, or the Ministers—

(a) in such manner as he or they shall direct; and

(b) subject to and in the absence of any direction, by advertisement in a newspaper circulating in the district of the local authority.

(3) The validity or effect of an order of the Minister, or licence or other instrument issued by the Minister, the appropriate Minister or the Ministers shall not be affected by want of or defect or irregularity in its publication.

(4) Subsections (1) to (3) above do not apply to an order made under section 32 above.

(5) A power conferred by this Act to make an order of the Minister, other than by—

(a) section 14(2),

(b) section 59(1),

shall be exercisable by statutory instrument.

(6) An order of the Minister made under either of the provisions referred to in paragraphs (a) and (b) of subsection (5) above may be altered or revoked by a subsequent order made in the like manner and subject to the like conditions, but section 14(b) of the Interpretation Act 1978 shall not apply to an order made by the Ministers under section 34(7) above providing that section 34(6) shall cease to have effect.

Scotland and Northern Ireland

General application to Scotland

92

(1) The provisions of this section have effect for the purposes of the application of this Act to Scotland.

(2) An offence against this Act may be prosecuted in the district court, and, when so prosecuted, the provisions in relation to sentences contained in section 7(6) of the Criminal Procedure (Scotland) Act 1995 shall apply to such a prosecution as they apply to prosecutions of common law offences.

(3) In the event of refusal or delay on the part of any person in complying with the order of a local authority, the local authority may give information of the refusal or delay to the procurator-fiscal of the district, who may apply to the sheriff for a warrant to carry such order into effect, and such warrant may be executed by the officers of the court in common form.

(4) Notwithstanding anything in any other Act, and except in relation to section 4 above, such part not exceeding one half of every fine recovered under this Act as the court before which it is recovered thinks fit shall be paid to the person who proceeds for it.

(5) Nothing in subsections (3) and (4) above applies to proceedings under the customs and excise Acts.

(6) Notwithstanding the repeal by this Act of section 17 of the Diseases of Animals Act 1935, Part I of the Ministry of Agriculture and Fisheries Act 1919 shall be deemed always to have extended to Scotland.

Communications to and from Northern Ireland

93

In order to secure uniformity of action—

(a) every order of the Minister shall with all practicable speed be communicated to the Department of Agriculture for Northern Ireland; and

(b) every order made by that Department under the enactments in Northern Ireland relating to diseases of animals shall with all practicable speed be communicated to the Minister.

Miscellaneous provisions as to operation

Transitional

94

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purpose of determining the punishment which may be imposed on a person in respect of the commission by him of an offence under any provision of this Act, an offence committed by that person under the corresponding enactment repealed by this Act shall be deemed to have been committed under that provision.

Savings

95

(1) Any order made or having effect as if made—

(a) under any provision of sections 24 to 33 of the Diseases of Animals Act 1950,

(b) before the coming into operation of section 1 of the Diseases of Animals Act 1975,

continues in operation as if that section had not come into operation, except that it may be varied or revoked as if it had been made under section 10 above.

(2) In the case of an order made or having effect as if made—

(a) partly under any provision of those sections of that Act of 1950, and

(b) partly under any other enactment (whether or not contained in that Act),

subsection (1) above has effect to the extent that the order was made or had effect as if made under any of those sections.

(3) TheConveyance of Live Poultry Order 1919, made under the Poultry Act 1911, has effect as if it had been made under sections 7(2), 37(1) and 64(2) above.

(4) Without prejudice to section 17 of the Interpretation Act 1978 (repeal and re-enactment), the power conferred by virtue of sections 135(2) and 136(3) of the Medicines Act 1968 to bring into operation Schedule 6 to that Act (enactments of Parliament of United Kingdom repealed) has effect as if that Schedule included references to section 5(2) above and Schedule 1 to this Act.

(5) Any officer or servant employed by the Minister for the purpose of the execution of the enactments relating to diseases of animals who was appointed before the commencement of Part IV of the Agriculture Act 1937 (1st April 1938) shall be deemed to have been appointed under section 5 of the Board of Agriculture Act 1889.

(6) Nothing in this Act affects sections 40(2) and 42(2) of the Northern Ireland Constitution Act 1973 as those subsections have effect in relation to section 88 of the Diseases of Animals Act 1950.

(7) In so far as any provision of—

(a) paragraph (a) of section 35(4) above,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) section 89(1) above,

specifies an amount expressed in metric units which is derived from the exercise of the power to make regulations under section 7 of the Agriculture (Miscellaneous Provisions) Act 1976 that provision may be varied as if it were contained in regulations so made.

Consequential amendments and repeals

96

(1) The enactments specified in Schedule 5 to this Act have effect subject to the amendments specified in that Schedule being amendments consequential on the provisions of this Act.

(2) The enactments specified in Schedule 6 to this Act (which include certain obsolete or unnecessary enactments) are repealed to the extent specified in the third column of that Schedule.

Short title, extent, and commencement

97

(1) This Act may be cited as the Animal Health Act 1981.

(2) Sections 93 and 95(6) above apply to Northern Ireland, and Schedule 6 to this Act, so far as it repeals provisions of the Diseases of Animals Act 1950 which applied to Northern Ireland, but apart from those provisions this Act does not extend to Northern Ireland.

(3) This Act shall come into force on the expiry of the period of one month beginning on the date of its passing.

SCHEDULE 1

Substances to which this Schedule applies

1

(1) Subject to the provisions of sub-paragraph (2) below, this Schedule applies—

(a) to the therapeutic substances specified in paragraph 5 below; and

(b) to any other therapeutic substances capable of being used for veterinary purposes which may from time to time be added to that paragraph as being substances the purity or potency of which cannot be adequately tested by chemical means.

(2) In the case of any substance mentioned in sub-paragraph (1) above which is a substance to which the Therapeutic Substances Act 1956 applies, this Schedule applies to that substance in so far only as the substance is excluded from the operation of that Act, as being intended to be used solely for veterinary purposes, by regulations made under that Act.

Power to make orders as to substances to which this Schedule applies

2

(1) The Ministers may make orders for the following purposes—

(a) for adding to paragraph 5 below any therapeutic substance capable of being used for veterinary purposes, the purity or potency of which cannot be adequately tested by chemical means;

(b) for prohibiting, except under a licence for the purpose issued by the appropriate Minister and in accordance with any conditions subject to which the licence is issued, the manufacture for sale or the importation into Great Britain of any such substance to which this Schedule applies as may be specified in the order;

(c) for prescribing the standard of strength, quality and purity of any substance in respect of which an order made for the purpose last mentioned is in force;

(d) for prescribing the tests to be used for determining whether the standard prescribed as mentioned above has been attained;

(e) for prescribing units of standardisation;

(f) for prescribing the form of licences and of applications for them, and of notices to be given in connection with them;

(g) for prescribing the conditions subject to which licences may be issued, including, in the case of a licence to manufacture conditions that the manufacture shall be carried on only upon the premises specified in the licence and that the licensee shall allow any inspector authorised by the Minister in that behalf to enter any premises where the manufacture is carried on, and to inspect the premises and plant and the process of manufacture and the means employed for standardising and testing the manufactured substance and to take samples of it;

(h) for prescribing any other matter which under this Schedule is to be prescribed.

(2) The Ministers may make orders as respects any such substance to which this Schedule applies as may be specified in the order—

(a) requiring that, if advertised or sold as a proprietary medicine or contained in such medicine, such accepted scientific name or name descriptive of the true nature or origin of the substance as may be prescribed shall appear on the label;

(b) requiring that the date of the manufacture shall be stated in the prescribed manner on all vessels or other packages in which the substance is sold or offered for sale, and prohibiting the sale of the substance after the expiry of the prescribed period from the date of manufacture;

(c) prohibiting the sale or the offering for sale or the importation of the substance otherwise than in a vessel or other container of such character as may be prescribed, and requiring that the prescribed label or other description shall be affixed to such vessel or container.

Licences to manufacture

3

(1) The following provisions shall have effect with respect to licences to manufacture for sale a substance the manufacture of which otherwise than under a licence is prohibited by an order—

(a) the licence shall be issued subject to such conditions as may be prescribed, may extend to all such substances or to such one or more of them as may be specified in the licence, shall continue in force for such period as may be prescribed, but may from time to time be renewed for a like period;

(b) an applicant for a licence or the renewal of a licence must satisfy the appropriate Minister that the conditions under which the substance is to be manufactured by him and the premises in which it is to be manufactured are such as to comply with any order in force for the purposes of paragraph 2 above, and an applicant who so satisfies the appropriate Minister shall be entitled to the grant or renewal of the licence;

(c) the appropriate Minister may revoke a licence or suspend it for such period as he thinks fit, if in his opinion the licensee has failed to comply with the conditions subject to which the licence was issued or with any such order as is mentioned above as to the prescribed standards of strength, quality and purity, and such revocation or suspension may apply to all the substances to which the licence extends or to some one or more of them.

(2) A person who is aggrieved by the revocation or suspension of his licence may, subject to rules of court, appeal to the court, whose decision shall be final.

(3) Nothing in any order prohibiting or regulating the manufacture for sale of any substance to which this Schedule applies shall apply to the preparation by a registered veterinary surgeon or practitioner—

(a) for the treatment of any animal under his care, or

(b) for and at the request of another such surgeon or practitioner,

of any such substance, if it is specially prepared with reference to the condition and for the treatment of an individual animal or bird.

(4) In this paragraph—

“the court” means, as respects England and Wales, the High Court and, as respects Scotland, the Court of Session, and

“registered” means, in relation to a veterinary surgeon, registered in pursuance of the Veterinary Surgeons Act 1966 in the register of veterinary surgeons and, in relation to a veterinary practitioner registered in pursuance of that Act in the Supplementary Veterinary Register.

Licences to import

4

The issue of a licence to import a substance the importation of which otherwise than under a licence is prohibited by an order shall be subject to such conditions, including conditions as to the strength, quality and purity of the substance and as to the suspension or revocation of the licence, as may be prescribed.

Therapeutic substances to which this Schedule applies

5

The therapeutic substances mentioned in paragraph 1(1)(a) above are—

(1) The substances commonly known as vaccines, sera, toxins, antitoxins and antigens.

(2) The substance commonly known as salvarsan (Dioxydiamino-arseno-benzol-di-hydrochloride), and analogous substances used for the specific treatment of infective disease.

(3) Extract of the pituitary body.

Offences under this Schedule

6

A person who—

(a) contravenes or fails to comply with any condition subject to which any such licence as is mentioned in this Schedule is issued,

(b) sells or offers for sale or has in his possession for sale any substance to which this Schedule applies knowing it to have been manufactured or imported in contravention of an order in force for any of the purposes of paragraph 2 above,

is liable on summary conviction to a fine not exceeding level 3 on the standard scale or in the case of a second or subsequent conviction, to such a fine or to imprisonment for a term not exceeding 2 months, and in either case to forfeit any goods in connection with which the offence was committed, and without prejudice, if the offender is the holder of a licence, to the power of the appropriate Minister to revoke or suspend the licence.

SCHEDULE 2

1

The conditions to be observed before, during and after importation.

2

Exemptions from provisions of the order by means of licences, whether general or specific and whether conditional or unconditional, issued in accordance with the order.

3

The prohibition of the importation of animals or other things save at such ports, aerodromes and other places of entry as may be designated.

4

Landing and quarantine of animals and other things.

5

Seizure, detention and treatment of animals and other things.

6

Slaughter of animals and destruction of other things.

7

Cleansing and disinfection.

8

Marking, testing and use of animals and other things.

9

Movement of persons and of animals and other things.

10

Recovery of costs.

11

Inspection.

12

Entitlement to compensation and the determination, subject to the Treasury’s approval, of the amount of compensation payable in any case.

SCHEDULE 3

Cattle plague

1

(1) The Minister shall cause to be slaughtered all animals affected with cattle plague.

(2) Where an animal is or has been in the same shed, stable, herd or flock as, or in contact with, an animal affected with cattle plague, the Minister may, if he is satisfied that the slaughter of the animal is necessary for preventing the spreading of cattle plague, cause the animal to be slaughtered.

(3) The Minister may, if he thinks fit, in any case cause to be slaughtered—

(a) any animals suspected of being affected with cattle plague, or being in a place infected with cattle plague;

(b) any animals being in such parts of an area infected with cattle plague as are not comprised in a place infected with cattle plague (but in this last-mentioned case subject to such regulations as the Treasury by statutory instrument think fit to make).

(4) The Minister shall for animals slaughtered under this paragraph pay compensation as follows—

(a) where the animal slaughtered was affected with cattle plague, the compensation shall be one half of its value immediately before it became so affected, but so that the compensation does not in any such case exceed £20; and

(b) in every other case the compensation shall be the value of the animal immediately before it was slaughtered, but so that the compensation does not in any case exceed £40.

Pleuro-pneumonia

2

(1) The Minister shall cause to be slaughtered all cattle affected with pleuro-pneumonia.

(2) The Minister may, if he thinks fit, in any case cause to be slaughtered—

(a) any cattle suspected of being affected with pleuro-pneumonia; and

(b) any cattle which are or which have been in the same field, shed, or other place, or in the same herd or otherwise in contact with cattle affected with pleuro-pneumonia, or which appear to the Minister to have been in any way exposed to the infection of pleuro-pneumonia.

(3) The Minister shall for cattle slaughtered under this paragraph pay compensation as follows—

(a) where the animal slaughtered was affected with pleuro-pneumonia, the compensation shall be three-fourths of the value of the animal immediately before it became so affected, but so that the compensation does not in any such case exceed £30; and

(b) in every other case the compensation shall be the value of the animal immediately before it was slaughtered, but so that the compensation does not in any case exceed £40.

(4) Where the Minister has decided that any head of cattle is to be slaughtered under this paragraph, the Minister shall, if the owner of such head of cattle by notice in writing so requires cause the same to be slaughtered within 21 days after the receipt of the notice.

Foot-and-mouth disease

3

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

(a) any animals affected with foot-and-mouth disease, or suspected of being so affected and;

(b) any animals which are or have been in the same field, shed, or other place, or in the same herd or flock, or otherwise in contact with animals affected with foot-and-mouth disease, or which appear to the Minister to have been in any way exposed to the infection of foot-and-mouth disease.

(c) any animals the Secretary of State thinks should be slaughtered with a view to preventing the spread of foot-and-mouth disease.

(1A) The Secretary of State may exercise the power under sub-paragraph (1)(c) whether or not animals—

(a) are affected with foot-and-mouth disease or suspected of being so affected;

(b) are or have been in contact with animals so affected;

(d) have been treated with vaccine against foot-and-mouth disease.

(2) The Minister shall for animals slaughtered under this paragraph pay compensation as follows—

(a) where the animal slaughtered was affected with foot-and-mouth disease the compensation shall be the value of the animal immediately before it became so affected;

(b) in every other case the compensation shall be the value of the animal immediately before it was slaughtered.

Swine-fever

4

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

(a) any swine affected with swine-fever, or suspected of being so affected; and

(b) any swine which are or have been in the same field, pig-sty, shed, or other place, or in the same herd, or otherwise in contact with swine affected with swine-fever, or which appear to the Minister to have been in any way exposed to the infection of swine-fever.

(2) The Minister shall for animals slaughtered under this paragraph pay compensation as follows—

(a) where the animal slaughtered was affected with swine-fever, the compensation shall be one half of the value of the animal immediately before it became so affected;

(b) in every other case the compensation shall be the value of the animal immediately before it was slaughtered.

Diseases of poultry

5

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

(a) any diseased or suspected poultry; or

(b) any poultry which are or have been in the same field, pen, shed or other place as, or otherwise in contact with, diseased poultry or which appear to the Minister to have been in any way exposed to the infection of disease.

(c) any poultry the Secretary of State thinks should be slaughtered with a view to preventing the spread of avian influenza or Newcastle disease.

(1A) The Secretary of State may exercise the power under sub-paragraph (1)(c) whether or not poultry–

(a) are affected with avian influenza or Newcastle disease or suspected of being so affected;

(b) are or have been in contact with poultry so affected;

(d) have been treated with vaccine against avian influenza or Newcastle disease.

(2) The Minister shall for poultry, other than diseased poultry, slaughtered under this paragraph pay compensation, which shall be the value of the bird immediately before it was slaughtered.

(3) The Minister may by order prescribe the payment of compensation in accordance with a scale approved by the Treasury for diseased poultry slaughtered under this paragraph, being poultry affected with any disease other than fowl pest in any of its forms, including Newcastle disease and fowl plague.

SCHEDULE 4

1

The food and water, or either of them, provided under section 38(2) above shall be supplied to the animal by the body carrying the animal on the request—

(a) of the consignor; or

(b) of any person in charge of the animal.

2

As regards water, if, in the case of any animal, such a request is not made, so that the animal remains without a supply of water for 24 consecutive hours—

(a) the consignor and the person in charge of the animal shall each be guilty of an offence against this Act; and

(b) it shall lie on the person charged to prove such a request and the time within which the animal had a supply of water.

3

The Ministers may, if they think fit, by order prescribe any other period, not less than 12 hours instead of the period of 24 hours mentioned above, either generally, or in respect of any particular kind of animals.

4

The body supplying food or water under section 38(2) may make in respect of that supply such reasonable charges (if any) as the Ministers by order approve, in addition to such charges as they are for the time being authorised to make in respect of the carriage of animals.

5

The amount of those additional charges accrued due in respect of any animal shall be a debt from the consignor and from the consignee of the animal to the body concerned, and shall be recoverable by the body concerned, with costs, by proceedings in any court of competent jurisdiction.

6

The body concerned shall have a lien for the amount of that debt on the animal in respect of which the debt accrued due, and on any other animal at any time consigned by or to the same consignor or consignee to be carried by that body.

SCHEDULE 5

Protection of Birds Act 1954

1

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

Food and Drugs Act 1955

2

In section 100(6) of the Food and Drugs Act 1955 for “Diseases of Animals Act 1950” substitute “ Animal Health Act 1981 ” .

Food and Drugs (Scotland) Act 1956

3

In section 36(6) of the Food and Drugs (Scotland) Act 1956 for “Diseases of Animals Act 1950” substitute “ Animal Health Act 1981 ”.

Agriculture (Miscellaneous Provisions) Act 1963

4

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

London Government Act 1963

5

In section 54(3) of the London Government Act 1963 for “Diseases of Animals Act 1950” substitute “ Animal Health Act 1981 ”.

Animal Boarding Establishments Act 1963

6

In paragraph (b) of the proviso to section 5(1) of the Animal Boarding Establishments Act 1963 for “Diseases of Animals Act 1950” substitute “ Animal Health Act 1981 ”.

Agriculture Act 1967

7

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

Agriculture (Miscellaneous Provisions) Act 1968

8

In section 8(2) of the Agriculture (Miscellaneous Provisions) Act 1968—

(a) for “section 59 of the Diseases of Animals Act 1950” substitute “ section 50 of the Animal Health Act 1981 ” and

(b) for “in subsection (2) the words from ’and shall’ onwards were omitted” substitute “ paragraph (b)(ii) were omitted from subsection (2) ”.

Transport Act 1968

9

In paragraph 7(2)(b) of Schedule 16 to the Transport Act 1968 for “section 22 of the Diseases of Animals Act 1950” substitute “ section 38(2) of and Schedule 4 to the Animal Health Act 1981 ”.

Agriculture Act 1970

10

In section 106(6) of the Agriculture Act 1970 for “Diseases of Animals Act 1950” substitute “ Animal Health Act 1981 ”.

Slaughterhouses Act 1974

11

In the Slaughterhouses Act 1974—

(a) in section 20(5) for “Diseases of Animals Act 1950” substitute “Animal Health Act 1981” ;

(b) in section 35 for “Diseases of Animals Act 1950” substitute “Animal Health Act 1981” ;

(c) in paragraph (b) of section 38(2), and in section 39(2), for “Diseases of Animals Act 1950” substitute “Animal Health Act 1981” ;

(d) in paragraph (d) of section 40(3) for “section 20 of the Diseases of Animals Act 1950” substitute “paragraphs (a) and (b) of section 7(1), paragraphs (b) to (e) of section 8(1), section 25 and section 37(1) of the Animal Health Act 1981” ;

(e) in section 42(3) for “Diseases of Animals Act 1950” substitute “Animal Health Act 1981”.

Slaughter of Animals (Scotland) Act 1980

12

In the Slaughter of Animals (Scotland) Act 1980—

(a) in section 13(4) and 15(1) for “Diseases of Animals Act 1950” substitute “ Animal Health Act 1981 ” ;

(b) in paragraph (e) of section 16(4) for “section 20 of the Diseases of Animals Act 1950” substitute “ paragraphs (a) and (b) of section 7(1), paragraphs (b) to (e) of section 8(1), section 25 and section 37(1) of the Animal Health Act 1981 ”.

Schedule 6

General powers of Ministers to make orders.

10A

(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;

(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.

14B

(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.

16A

(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.

28A

(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.

28B

(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

(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;

(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.

32A

(1) The Secretary of State may by order amend Schedule 3 for the purpose of—

(a) authorising or requiring the slaughter of animals to be caused with a view to preventing the spread of disease other than foot-and-mouth disease;

(b) requiring the payment of compensation in respect of animals slaughtered by virtue of the order.

(2) An order under this section may include—

(a) amendments corresponding to those made by section 1 of the Animal Health Act 2002;

(b) amendments as to slaughter in relation to any disease not referred to in Schedule 3 (apart from the order);

(3) No order may be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

32B

(1) This section applies to a power exercisable by the Secretary of State under—

(a) paragraph 3(1)(c) of Schedule 3;

(b) such other provision of that Schedule (as amended by an order under section 32A(1)(a)) as the Secretary of State by order specifies;

(2) The Secretary of State must prepare a document (the disease control (slaughter) protocol) indicating—

(a) the purposes for which any power to which this section applies will be exercised;

(b) the principal factors to be taken into account in deciding whether to exercise the power;

(c) the procedure to be followed in deciding whether in any circumstances or description of circumstances the power is to be exercised, which shall include the application of such methods of detecting disease in animals as may be available;

(d) the procedure to be followed by persons who have functions in relation to the exercise of the power;

(e) the means by which a particular decision to exercise the power may be reviewed.

(3) After preparing a draft of the disease control (slaughter) protocol 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 the exercise of the power;

(b) must consider any representations made to him about the draft by such persons and organisations;

(4) After the Secretary of State has proceeded under subsection (3) he must publish the protocol in such manner as he thinks appropriate.

(5) The Secretary of State must from time to time review the protocol and if he thinks it appropriate revise the protocol.

(6) Subsections (2) to (4) apply to a revision of the protocol as they apply to its preparation.

(7) 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.

(8) It is immaterial that anything done for the purposes of subsections (2) to (4) is done before the passing of the Animal Health Act 2002.

32C

(1) A power to which section 32B applies must not be exercised unless the protocol mentioned in that section 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 who has any function in relation to the exercise of a power to which section 32B applies fails to act in accordance with the protocol he is not by reason only of that failure liable in any civil or criminal proceedings.

(4) But the protocol 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.

32D

(1) This section applies to a power exercisable by the Secretary of State under—

(a) paragraph 3(1)(c) of Schedule 3;

(b) any other provision of that Schedule as amended by an order under section 32A(1)(a).

(2) The Secretary of State must not exercise a power to which this section applies unless before he first exercises the power in relation to any description of circumstances he publishes his reasons in relation to the circumstances of that description—

(a) for the exercise of the power;

(b) for not exercising his power under section 16 to cause animals to be treated with serum or vaccine.

(3) If the Secretary of State does not comply with subsection (2) in relation to any description of circumstances anything done in connection with the exercise of the power in such circumstances must be taken to have been done without lawful authority.

Part 2A — Scrapie

Sheep genotypes

Biosecurity codes: Scotland

36A

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

Genetically susceptible sheep

Separation and notice.

36B

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

36C

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

36D

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

Enforcement

Secretary of State’s powers of enforcement

36E

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

36F

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

Power of entry

36G

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

36H

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

36I

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

36J

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

General

36K

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

36L

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

36M

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

62A

(1) An inspector may at any time enter any premises for the purpose of—

(a) ascertaining whether a power conferred by or under this Act to cause an animal to be slaughtered should be exercised, or

(b) doing anything in pursuance of the exercise of that power.

(2) In this section and sections 62B and 62C premises includes any land, building or other place.

62B

(1) 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 premises, if necessary using reasonable force, for the purpose mentioned in section 62A.

(2) 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.

(3) The first condition is that there are reasonable grounds for an inspector to enter the premises for that purpose.

(4) 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;

(5) 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.

(6) A warrant issued under this section 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.

(7) A warrant issued under this section must be executed only at a reasonable hour unless the inspector thinks that the case is one of urgency.

(8) 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.

62C

(1) This section applies to an inspector who enters any premises by virtue of section 62A or under a warrant issued under section 62B.

(2) 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.

(3) The inspector may require any person on the premises who falls within subsection (4) to give him such assistance as he may reasonably require for the purpose mentioned in section 62A.

(4) 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).

(5) If the inspector enters any premises by virtue of a warrant issued under section 62B 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.

(6) If the inspector enters any unoccupied premises he must leave them as effectively secured against entry as he found them.

62D

(1) A veterinary inspector may at any time enter any premises for the purpose of ascertaining—

(a) whether disease anti-bodies exist in animals on the premises;

(b) whether any animal on the premises or which was kept there at any time is, or was at that time, infected with disease;

(2) Disease is foot-and-mouth disease and such other disease as the Secretary of State may by order specify.

(3) No order may be made under subsection (2) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(4) Causative agent includes any virus, bacterium and any other organism or infectious substance which may cause or transmit disease.

(5) In this section and sections 62E and 62F premises includes any land, building or other place.

62E

(1) 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 a veterinary inspector to enter any premises, if necessary using reasonable force, for the purpose mentioned in section 62D.

(2) 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.

(3) The first condition is that there are reasonable grounds for a veterinary inspector to enter the premises for that purpose.

(4) 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;

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