Statutory Instrument 1996 No. 2628

The Specified Diseases (Notification) Order 1996

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© Crown Copyright 1996

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1996 No. 2628

ANIMALS
ANIMAL HEALTH

The Specified Diseases (Notification) Order 1996

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 on them by sections 1, 8(1), 15(4), 72, 87(2) and (5) and 88(2) and (4) of the Animal Health Act 1981^[1], 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 Specified Diseases (Notification) Order 1996 and shall come into force on 21st October 1996.

Interpretation
    2.    In this Order—
"Divisional Veterinary Manager" means the veterinary inspector appointed for the time being by the Minister to receive information about diseased or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are situated;
"veterinary surgeon" means a veterinary surgeon (or veterinary practitioner) registered under the Veterinary Surgeons Act 1966^[2].

Notification of specified diseases
    3.—(1)  For the purposes of the Animal Health Act 1981 in its application to this article—
 (a) the definition of "animals" in section 87(1) is hereby extended to comprise ungulates; and
 (b) the definition of "disease" in section 88(1) is hereby extended to comprise the diseases listed in Part 1 of Schedule 1 to this Order.

    (2)  A person who has in his possession or under his charge an animal or carcase which he knows or reasonably suspects is infected with a disease listed in Schedule 1 to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) below.

    (3)  A veterinary surgeon or other person who, in the course of his duties, examines or inspects an animal or carcase which he reasonably believes is infected with a disease listed in Schedule 1 to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) below.

    (4)  A person who, following analysis by him of a sample taken from an animal or carcase, reasonably suspects that the animal or carcase is infected with any of the diseases listed in Schedule 1 to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) below.

Notification of spongiform encephalopathy
    4.—(1)  For the purposes of the Animal Health Act 1981 in its application to this article—
 (a) the definition of "animals" in section 87(1) is hereby extended to comprise—
 (i) any kind of mammal except man, and
 (ii) any kind of four-footed beast which is not a mammal;
 (b) the definition of "poultry" in section 87(4) is hereby extended to comprise birds of all species; and
 (c) the definition of "disease" in section 88(1) is hereby extended to comprise any form of spongiform encephalopathy.

    (2)  A person who, in the course of a laboratory examination of the carcase of any poultry, or of any animal other than a sheep, goat or animal of the bovine species, reasonably suspects the presence of spongiform encephalopathy, shall—
 (a) give notice of that fact as soon as practicable in accordance with article 5(1) below;
 (b) retain the sample examined and the remainder of the carcase until its disposal is authorised in writing by a veterinary inspector; and
 (c) if required in writing to do so by a veterinary inspector, surrender any samples in whatever form they are to a veterinary inspector.

    (3)  This article shall not apply in relation to any spongiform encephalopathy which has been deliberately introduced into an animal, a carcase or a sample in a laboratory.

Notice
    5.—(1)  A notice under this Order shall be given to—
 (a) the Divisional Veterinary Manager;
 (b) an inspector; or
 (c) a constable of the police area in which the animal or carcase is situated.

    (2)  An inspector (other than a veterinary inspector) or a constable who receives notice under this Order shall immediately inform a veterinary inspector of the facts notified.

Offences
    6.    Any person who, without lawful authority or excuse, contravenes or fails to comply with article 3 or 4 of this Order shall be guilty of an offence against the Animal Health Act 1981.

Enforcement
    7.    This Order shall be enforced by the local authority.

Revocations
    8.    The instruments in Schedule 2 of this Order are hereby revoked to the extent set out in Column 3 of that Schedule.

Angela Browning

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

7th October 1996

Lindsay

Parliamentary Under Secretary of State,
Scottish Office

15th October 1996
Signed by authority of the Secretary of State for Wales

Jonathan Evans

Parliamentary Under Secretary of State,
Welsh Office

7th October 1996

[1] 1981 c. 22. See section 86(1) for a definition of "the Ministers" and "the Minister". back

[2] 1966 c. 36. back

Explanatory Note