The Bovine Spongiform Encephalopathy (Amendment) Order 1988

Made: 28th July 1988

Coming into force: 8th August 1988

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 1, 8(1), 32(2) and 86(1) of the Animal Health Act 1981[^f00001] and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement

1

This Order may be cited as the Bovine Spongiform Encephalopathy (Amendment) Order 1988 and shall come into force on 8th August 1988.

Amendment

2

The Bovine Spongiform Encephalopathy Order 1988[^f00002] shall be amended as follows:—

• (a) in article 3 (interpretation) —

• (i) after the definition of “inspector” there shall be inserted the following —

• “market” means a market, fairground, sale-yard or any other place where bovine animals are commonly exposed for sale;

, and

• (ii) after the definition of “premises” there shall be inserted the following —

• “research establishment” means an establishment carrying out research into the disease; ;
• “slaughterhouse” means — in relation to England and Wales, a slaughterhouse or knacker’s yard as defined in section 34 of the Slaughterhouse Act 1974[^f00003], and in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980[^f00004];

• (b) after article 4 there shall be inserted the following article —

(4A) Section 32 of the Act, which enables the Minister to cause animals to be slaughtered on account of disease, shall apply to the disease.

• (c) in article 5 (veterinary enquiry as to existence of disease and requirements as respects affected animals) —

• (i) for paragraph (4) there shall be substituted the following paragraph —

(4) If, on completion of the enquiry, the veterinary inspector is of the opinion that there is an affected or a suspected animal on the premises he shall serve a notice in Form A on the owner or person in charge of that animal.

, and

• (ii) for paragraph (5) there shall be substituted the following paragraph —

(5) (a) Subject to sub-paragraph (b) below, a notice in Form A shall remain in force for a period of 28 days from the date specified in the notice unless renewed for a further period of 28 days beginning with the day on which it would otherwise have expired by a further notice in writing served by a veterinary inspector on the owner or person in charge of such animal before or on the day on which the notice in Form A was due to expire; and any notice in Form A which has been so renewed may be further renewed from time to time by a veterinary inspector in a similar manner and for a similar period; (b) A notice in Form A may at any time be withdrawn by a notice in Form B served by a veterinary inspector on the owner or person in charge of the animal to which the notice in Form A relates.

• (d) in article 6(1) (restrictions on movement of other bovine animals) for the words “, other than an affected animal,” there shall be substituted the words “, other than an affected or a suspected animal,”;

• (e) after article 8 there shall be inserted the following article —

(8A) Where the Minister proposes to cause an affected or suspected animal to be slaughtered under the powers conferred on him by section 32 of the Act in its application to the disease a veterinary inspector shall serve a notice of intended slaughter in Form C on the owner or person in charge of the animal.

• (f) in article 10 (production of licences) for the words “a police officer” there shall be substituted the words “a member of a police force”; and

• (g) for the Schedule (forms) there shall be substituted the following Schedule —

SCHEDULE

Signed

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th July 1988.

John MacGregor — Minister of Agriculture, Fisheries and Food

Sanderson of Bowden — Minister of State, Scottish Office — 26th July 1988

Peter Walker — Secretary of State for Wales — 28th July 1988

Explanatory note

(This note is not part of the Order)

This Order amends the Bovine Spongiform Encephalopathy Order 1988. The changes of substance made to that Order are as follows:—

• (1) section 32 of the Animal Health Act 1981 (power to slaughter animals) is applied to bovine spongiform encephalopathy (article 2(b));

• (2) where a veterinary inspector is of the opinion (following a veterinary enquiry) that a bovine animal is affected, or suspected of being affected, with bovine spongiform encephalopathy, he is required to serve a notice in Form A containing movement restrictions on the owner or person in charge of that animal (article 2(c)(i));

• (3) a notice in Form A will remain in force for a period of 28 days from the date specified in the notice unless renewed or withdrawn earlier by a notice in Form B (article 2(c)(ii)); and

• (4) a veterinary inspector is required to serve a notice of intended slaughter (in Form C) on the owner of any bovine animal which is affected, or suspected of being affected, with bovine spongiform encephalopathy and which the Minister proposes to cause to be slaughtered under the powers conferred on him by section 32 of the Act in its application to that disease (article 2(e)).

Footnotes

[^f00001]: 1981 c. 22; section 86(1) contains a definition of “the Ministers” relevant to the exercise of the statutory powers under which this Order is made.

[^f00002]: S.I. 1988/1039.

[^f00003]: 1974 c. 3.

[^f00004]: 1980 c. 13.