|
An Act to amend the Animal Health Act 1981. |
|
[7th November 2002]
|
|
1 Foot-and-mouth disease
|
|
(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.” |
|
2 Extension
of power to slaughter
|
|
(1) In the 1981 Act the following section is inserted after section 32— |
|
|
|
“32A Slaughter to prevent spread of disease
|
|
|
(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”.
|
|
3 Disease control
(slaughter) protocol
|
|
|
|
“32B Disease control (slaughter) protocol
|
|
|
(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 Protocol: exercise of powers
|
|
|
(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.” |
|
4 Explanation
of preventive slaughter
|
|
|
|
“32D Explanation of preventive slaughter
|
|
|
(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.” |
|
5 Slaughter
of vaccinated animals
|
|
|
|
“16A Slaughter of vaccinated animals
|
|
|
(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.” |
|
6
Scrapie
|
| Use your back button to return to Index | Return to Statutes Index |