The Warble Fly (England and Wales) (Amendment) Order 1987

Made: 10th September 1987

Coming into force: 11th September 1987

The Minister of Agriculture, Fisheries and Food, in relation to England, and the Secretary of State, in relation to Wales, in exercise of the powers conferred on them by sections 1, 8(1) and 86(1) of the Animal Health Act 1981[^f00001] and of all other powers enabling them in that behalf, hereby Order as follows:

Title and commencement

1

This Order may be cited as the Warble Fly (England and Wales) (Amendment) Order 1987 and shall come into force on 11th September 1987.

Amendment

2

The Warble Fly (England and Wales) Order 1982[^f00002] shall be amended as follows—

• (a) in paragraphs (1), (3) and (4) of article 5 (veterinary enquiry and service of notices) after the word “affected” there shall be inserted the words “or suspected”;

• (b) in article 6 (contents and effects of notices)—

• (i) in paragraph (1)(a), (c) and (d) for the word “shall” there shall be substituted the word “may”;

• (ii) in paragraph (1)(a) after the words “within the autumn period” there shall be inserted the words “or between such dates in the autumn period as may be specified in it.”; and

• (iii) after paragraph (2) there shall be inserted the following paragraph—

(3) Where a notice in Form A prohibits the movement of any animal in accordance with paragraph (1)(d) above but does not impose any other requirement, a veterinary inspector may by a further notice in writing amend that notice so as to impose any one or more of the requirements mentioned in paragraph (1) above

• (c) for article 7 (autumn treatment) there shall be substituted the following article—

(7) If a veterinary inspector knows or has reasonable grounds for suspecting that, at any time during the current calendar year before the beginning of the autumn period,— (a) any animal was affected; (b) an affected animal was present on any premises; or (c) an animal which has or which may have been exposed to infection by warble fly was present on any premises, he may, at any time after the end of the spring period and before the end of the autumn period in that year, serve a notice in Form A on the owner or person in charge of the animal, or of any animal on the premises, as the case may be; and in this case the notice in Form A shall require the treatment to be carried out during the autmn period or between such dates in the autumn period as may be specified in it.

; and

• (d) for Form A in the Schedule there shall be substituted the following Form—

Signed

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th September 1987.

John MacGregor — Minister of Agriculture, Fisheries and Food

Peter Walker — Secretary of State for Wales — 24th August 1987

Explanatory note

(This note is not part of the Order)

This Order further amends the Warble Fly (England and Wales) Order 1982 by adding provisions which—

• (1) enable a veterinary inspector, where there are on any premises cattle which are suspected of being infected with warble fly, to serve a notice in Form A prohibiting the movement of any cattle from the premises or requiring them to be treated in respect of warble fly (article 2(a) and (b)(i));

• (2) enable a veterinary inspector, where he serves a notice in Form A on any person requiring him to treat cattle in respect of warble fly to require the treatment to be carried out between such dates during the autumn period (the period from 15th September to 30th November inclusive in any year) as may be specified in the notice (article 2(b)(ii));

• (3) enable a veterinary inspector, where a notice in Form A has been served on any person prohibiting the movement of cattle from any premises, to serve a further notice on such person requiring the cattle to be treated in respect of warble fly (article 2(b)(iii)); and

• (4) enable a veterinary inspector, where he knows or suspects that at any time during the current calendar year before the beginning of the autumn period any cattle which have, or may have been, exposed to infection by warble fly were present on any premises to serve a notice in Form A requiring any cattle on those premises to be treated in respect of warble fly (article 2(c)).

Footnotes

[^f00001]: 1981 c. 22

[^f00002]: S.I. 1982/234, amended by S.I. 1985/328