Animal Health Act 1981

Transport by sea and air E+W+S

9 Prohibition in specific cases. E+W+S

The Ministers may make such orders as they think fit for prohibiting the conveyance of animals by any specified vessel or aircraft to or from any port or aerodrome in the United Kingdom [F1 or by any specified vehicle through the tunnel system as defined in the Channel Tunnel Act 1987] for such time as the Ministers may consider expedient.

Textual Amendments

F1 Words inserted by S.I. 1990/2371, art. 2(1), Sch. 1

10 Importation. E+W+S

(1) The Ministers may by orders make such provision as they think fit for the purpose of preventing the introduction or spreading of disease into or within Great Britain through the importation of—

(a) animals and carcases;

(b) carcases of poultry and eggs; and

(c) other things, whether animate or inanimate, by or by means of which it appears to them that any disease might be carried or transmitted.

(2) Without prejudice to the generality of the powers conferred by this section and by section 1 above, for the purpose specified in subsection (1) above an order under this section—

(a) may prohibit or regulate the importation of any of the things specified in paragraphs (a) to (c) of subsection (1);

(b) may make provision not only with respect to imports (including vessels, boats, aircraft and vehicles of other descriptions) but also with respect to persons, animals, and other things which have been or may have been in contact with imports;

(c) may make different provision in relation to different cases; and

(d) may make provision with respect to any of the matters specified in Schedule 2 to this Act.

(3) An order under this section may provide that, in such circumstances as may be specified in the order, animals which—

(a) are brought into Great Britain in such circumstances that they are not imported, within the meaning of this Act, and

(b) whilst outside Great Britain have been or may have been in contact with any of the things specified in paragraphs (a) to (c) of subsection (1),

shall be deemed for the purposes of this section and Schedule 2 to be imported at the time when they are brought into Great Britain.

(4) In this section and in Schedule 2 “animals” includes—

(a) any kind of mammal, except man,

(b) any kind of four-footed beast which is not a mammal, and

(c) fish, reptiles, crustaceans and other cold-blooded creatures not falling within paragraph (a) or paragraph (b) above,

and “disease” is not restricted by its definition in this Act.

(5) An order under this section which is expressed to be made for the purpose of preventing the introduction of rabies into Great Britain may include provision for the destruction, by such persons as may be prescribed by the order, of animals in respect of which the order or any licence granted under it is contravened.

(6) Every order made under this section shall be laid before both Houses of Parliament after being made.

(7) Paragraphs (a) and (b) of section 5(2) of the M1 Customs and Excise Management Act 1979 (time of importation of goods brought by sea and air) [F2 and [F3 article 5(1) and (2)] of the Channel Tunnel (Customs and Excise) Order 1990] have effect for the purposes of this section and Schedule 2 as they have effect for the purposes of the customs and excise Acts.

(8) The landing of imported animals in Great Britain shall be effected in such manner, at such times and subject to such supervision as the Commissioners of Customs and Excise may direct.

Textual Amendments

F2 Words inserted by S.I. 1990/2371, art. 2(1), Sch. 1

F3 Words in s. 10(7) substituted (2.8.1993) by S.I. 1993/3237, arts. 1, 8(1), Sch. 5 Pt. 1 para.2.

Marginal Citations

M1 1979 c. 2.

[F4 10A Annual review of import controls E+W

(1) The Ministers shall prepare a report during each financial year which will—

(a) review all activities of government departments, the Food Standards Agency, local authorities, customsF5 ... and other relevant public agencies directed to the prevention of the introduction of disease into or within England and Wales through the importation of animal products and matter, whether animate or inanimate, and other things;

(b) identify the nature, origin and quantity of such animal products and matter and stating whether the product or matter was destined for personal or commercial consumption;

(c) assess the making of any orders under section 10 of this Act;

(d) assess the effectiveness of any action taken under an order made under section 10 of this Act; and

(e) propose such further action as may, on the basis of advice given to the Ministers by suitably qualified individuals appointed as scientific advisers to the Ministers, be required to further reduce the risk of disease being imported.

(2) The Ministers shall lay their report before Parliament and the National Assembly for Wales at the end of each financial year.]

Textual Amendments

F4 S. 10A inserted (E.W.) (14.1.2003) by 2002 c. 42, s. 17; S.I. 2002/3044, art. 2

F5 Words in s. 10A(1)(a) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 144; S.I. 2012/2892, art. 2(i)

11 Export to member States. E+W+S

The Minister may by order make provision in the interests of animal health or of human health, for regulating the exportation from Great Britain to a member State of animals or animal or poultry carcases, and in particular—

(a) for prohibiting exportation without such certificate or licence as may be prescribed by the order, and

(b) as to the circumstances in which and conditions on which a certificate or licence may be obtained.

12 Export quarantine stations. E+W+S

(1) For the purpose of preventing the conveyance of disease by animals exported from Great Britain, the appropriate Minister, with the Treasury’s consent, may—

(a) provide facilities for the examination of animals intended for export; and

(b) provide or approve one or more quarantine stations for the reception, isolation and examination of such animals.

A quarantine station so provided or approved is in this Act referred to as an “export quarantine station”.

(2) Notwithstanding anything in this Act, compensation shall not be payable under this Act in respect of any animal intended for export, which by reason of—

(a) its having been diseased or suspected, or

(b) its having been exposed to the infection of any disease, is slaughtered in an export quarantine station.