Animal Health Act 2002

Part 1 — Slaughter

Foot-and-mouth disease

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• (1) In the Animal Health Act 1981 (c. 22) (in this Act referred to as the 1981 Act) paragraph 3 of Schedule 3 (power to cause slaughter of animals because of foot-and-mouth disease) is amended as follows.

• (2) In sub-paragraph (1) omit “and” at the end of paragraph (a), and after paragraph (b) insert—

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

• (3) After sub-paragraph (1) insert—

(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; (c) have been exposed to the infection of foot-and-mouth disease; (d) have been treated with vaccine against foot-and-mouth disease.

Extension of power to slaughter

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• (1) In the 1981 Act the following section is inserted after section 32—

(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); (c) supplementary or incidental provisions (including amendments of provisions other than Schedule 3). (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.

• (2) In section 35(2) of that Act (diseases to which power of seizure and disposal of carcases applies), in paragraph (a)—

• (a) for the words “and swine-fever” substitute “ , swine-fever and transmissible spongiform encephalopathies ”;

• (b) after “applies” insert “ and any disease in respect of which an order under section 32A is in force ”.

Disease control (slaughter) protocol

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In the 1981 Act the following sections are inserted after section 32A (as inserted by section 2 above)—

(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; (c) such other provisions of this Act relating to the control of disease 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; (c) may amend the draft accordingly. (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.

Explanation of preventive slaughter

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In the 1981 Act the following section is inserted after section 32C (as inserted by section 3 above)—

(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.

Slaughter of vaccinated animals

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In the 1981 Act the following section is inserted after section 16—

(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.

Part 2 — Scrapie

Scrapie

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Part 3 — Enforcement

Powers

Treatment: power of entry

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• (1) Section 16 of the 1981 Act (treatment after exposure to infection) is amended as follows.

• (2) In subsection (2) for “officer of the Minister” substitute “ inspector ”.

• (3) In that subsection omit the words from “taking with him” to the end.

• (4) After subsection (2) insert the following—

(3) If a justice of the peace is satisfied on sworn information in writing that the first condition is satisfied and that the second or third condition is satisfied he may issue a warrant authorising an inspector to enter any land or premises, if necessary using reasonable force, for the purpose mentioned in subsection (2). (4) The information must include— (a) a statement as to whether any representations have been made by the occupier of the land or premises to an inspector concerning the purpose for which the warrant is sought; (b) a summary of any such representations. (5) The first condition is that there are reasonable grounds for an inspector to enter the land or premises for that purpose. (6) The second condition is that each of the following applies to the occupier of the premises— (a) he has been informed of the decision to seek entry to the premises and of the reasons for that decision; (b) he has failed to allow entry to the premises on being requested to do so by an inspector; (c) he has been informed of the decision to apply for the warrant. (7) The third condition is that— (a) the premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or (b) an application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises. (8) Subsections (9) to (12) apply to an inspector who enters any land or premises by virtue of subsection (2) or under a warrant issued under subsection (3). (9) The inspector may take with him— (a) such other persons as he thinks necessary to give him such assistance as he thinks necessary; (b) such equipment as he thinks necessary. (10) The inspector may require any person on the land or premises who falls within subsection (11) to give him such assistance as he may reasonably require for the purpose mentioned in subsection (2). (11) The following persons fall within this subsection— (a) the occupier of the premises; (b) a person appearing to the inspector to have charge of animals on the premises; (c) a person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b). (12) If the inspector enters any unoccupied premises he must leave them as effectively secured against entry as he found them. (13) If the inspector enters any premises by virtue of a warrant issued under subsection (3) he must at the time of entry— (a) serve a copy of the warrant on the occupier of the premises, or (if the occupier is not on the premises) (b) leave a copy of the warrant in a conspicuous place on the premises. (14) A warrant issued under subsection (3) remains in force for one month starting with the date of its approval by the justice of the peace, which date shall be clearly visible on the warrant. (15) A warrant issued under subsection (3) must be executed only at a reasonable hour unless the inspector thinks that the case is one of urgency. (16) In relation to any premises to which entry is obtained by virtue of a warrant under this section the Secretary of State must retain for a period of not less than 12 months beginning with the day after entry— (a) a copy of the warrant; (b) a copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the inspector and any other person entering the premises with him. (17) A person commits an offence if— (a) he is required to give assistance under subsection (10), and (b) he fails to give it.

Slaughter: power of entry

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• (1) In the 1981 Act the following sections are inserted after section 62—

(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; (c) he has been informed of the decision to apply for the warrant. (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.

• (2) In that Act the following section is inserted after section 66—

(66A) (1) A person commits an offence if without lawful authority or excuse (proof of which shall lie on him) he— (a) refuses admission to any premises to a person acting under section 62A above, (b) obstructs or impedes him in so acting, or (c) assists in any such obstruction or impeding. (2) A person commits an offence if— (a) he is required to give assistance under section 62C(3), and (b) he fails to give it.

Tests and samples: power of entry

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In the 1981 Act the following sections are inserted after section 62C (inserted by section 8 of this Act)—