The Bovine Spongiform Encephalopathy Order 1988
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ANIMALS The Bovine Spongiform Encephalopathy Order 1988
1.—(1) This Order may be cited as the Bovine Spongiform Encephalopathy Order 1988 and except for article 7, shall come into force on 21st June 1988. (2) Article 7 of this Order shall come into force on 18th July 1988.
2. For the purposes of the Act in its application to this Order the definition of "disease" in section 88(1) of the Act is hereby extended so as to comprise bovine spongiform encephalopathy.
3.In this Order, unless the context otherwise requires— "the Act" means the Animal Health Act 1981; "affected animal" means a bovine animal which is affected with the disease; "animals" means bovine animals, sheep, goats, deer and all other ruminating animals; "animal protein" means any protein material which is derived from a carcase but does not include milk or any milk product or dicalcium bone phosphate; "appropriate Minister" means, in relation to England, the Minister, and in relation Scotland or to Wales, the Secretary of State; "bovine animal" means a bull, cow, steer, heifer or calf; "carcase", except in the definition of animal protein, means the carcase of a bovine animal and includes part of a carcase, and the meat, blood, bones, hair, hide, horn, hooves, offal or other part of a bovine animal, separately or otherwise, or any portion thereof and the intestinal contents of a bovine animal; and in the definition of animal protein "carcase" means the carcase of an animal and includes part of a carcase, and the meat, blood, bones, hair, wool, hide, skin, horn, hooves, offal or other part of an animal, separately or otherwise, or any portion thereof; "the disease" means bovine spongiform encephalopathy; "Divisional Veterinary Officer" means the veterinary inspector appointed for the time being by the Minister to receive information about affected or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are; "inspector" means a person appointed to be an inspector for the purposes of the Act by the Minister or by a local authority, and, when used in relation to an officer of the Ministry, includes a veterinary inspector; "the Minister" and "the Ministry" means respectively the Minister and the Ministry of Agriculture, Fisheries and Food; "premises" includes land; "suspected animal" means a bovine animal which is suspected of being affected with the disease; "veterinary inspector" means a veterinary inspector appointed by the Minister; "veterinary surgeon" means a person registered in the register of veterinary surgeons or in the supplementary veterinary register.
4.—(1) A person who has in his possession or under his charge an affected or a suspected animal, or the carcase of such an animal, and any veterinary surgeon or other person who, in the course of his duties, examines or inspects any such animal or carcase shall, with all practicable speed, notify the fact to the Divisional Veterinary Officer. (2) A person who has in his possession or under his charge on any premises an affected or a suspected animal, or the carcase of such an animal, shall detain it on the premises until it has been examined by a veterinary inspector.
5.—(1) If a veterinary inspector has reasonable grounds for supposing that the disease exists or has within 56 days existed on any premises he shall, with all practicable speed, take such steps as may be necessary to estabish the correctness of that supposition. (2) For the purposes of such an enquiry a veterinary inspector may—
(3) The occupier of the premises and his employees, and any person who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall—
(4) If, on completion of the enquiry, the veterinary inspector is satisfied that there is an affected animal on the premises he may serve a notice in Form A on the owner or person in charge of that animal. (5) A notice in Form A shall remain in force until it is withdrawn by a notice in Form B served by a veterinary inspector on the owner or person in charge of the affected animal in respect of which the notice in Form A was served. (6) On the service of a notice in Form A the requirements contained in that notice shall have effect.
6.—(1) If a veterinary inspector has reasonable grounds for supposing that the movement of any bovine animal, other than an affected animal, from any premises may give rise to the risk of the spread of the disease he may, by notice in writing served on the owner or person in charge of the animal, prohibit the movement of the animal off the premises, except under the authority of a licence issued by an officer of the appropriate Minister and in accordance with any conditions subject to which the licence is issued. (2) A notice served under paragraph (1) above shall continue in force until withdrawn by a further notice in writing served by a veterinary inspector on the owner or person in charge of the animal to which that notice relates.
7.—(1) No person shall knowingly sell or supply for feeding to animals any feedingstuff in which he knows or has reason to suspect any animal protein has been incorporated. (2) No person shall feed to an animal any feedingstuff in which he knows or has reason to suspect that any animal protein has been incorporated. (3) This article shall cease to have effect on 1st January 1989.
8.—(1) A veterinary inspector may serve on the occupier of any premises on which there is or has within 56 days been an affected or a suspected animal, or the carcase of such an animal, a notice requiring him to cleanse and disinfect, at his own expense, and in such manner and within such period as may be specified in the notice,—
(2) If any person on whom a notice is served under paragraph (1) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable by the appropriate Minister or, as the case may be, by the local authority as a civil debt from the person in default.
9. Where an inspector of the Minister has reasonable grounds for supposing that the provisions of article 7 of this Order have not been or are not being complied with he may take from any feedingstuff such samples as he considers necessary in order to establish the correctness of that supposition.
10. Where an animal is being moved under the authority of a licence issued under this Order the person in charge of the animal being so moved shall carry the licence during the authorised movement and shall, on demand made by an inspector or by a police officer, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his name and address.
11. Any person who, without lawful authority or excuse, proof of which shall lie on him—
12. The provisions of this Order shall, except where otherwise provided, be executed and enforced by the local authority.
Notes: [1] 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. back |
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