http://www.legislation.gov.uk/ukpga/2002/42/2003-01-14Animal Health Act 2002An Act to amend the Animal Health Act 1981.2002-11-22texttext/xmlenStatute Law Database2011-05-272003-01-14 Animal Health Act 20022002 c. 42An Act to amend the Animal Health Act 1981.[7th November 2002]Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Part 1 Slaughter Foot-and-mouth disease11In 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.2In sub-paragraph (1) omit “and” at the end of paragraph (a), and after paragraph (b) insert—cany animals the Secretary of State thinks should be slaughtered with a view to preventing the spread of foot-and-mouth disease.3After sub-paragraph (1) insert—1AThe Secretary of State may exercise the power under sub-paragraph (1)(c) whether or not animals—aare affected with foot-and-mouth disease or suspected of being so affected;bare or have been in contact with animals so affected;chave been exposed to the infection of foot-and-mouth disease;dhave been treated with vaccine against foot-and-mouth disease. Extension of power to slaughter21In the 1981 Act the following section is inserted after section 32— Slaughter to prevent spread of disease32A1The Secretary of State may by order amend Schedule 3 for the purpose of—aauthorising or requiring the slaughter of animals to be caused with a view to preventing the spread of disease other than foot-and-mouth disease;brequiring the payment of compensation in respect of animals slaughtered by virtue of the order.2An order under this section may include—aamendments corresponding to those made by section 1 of the Animal Health Act 2002;bamendments as to slaughter in relation to any disease not referred to in Schedule 3 (apart from the order);csupplementary or incidental provisions (including amendments of provisions other than Schedule 3).3No 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.2In section 35(2) of that Act (diseases to which power of seizure and disposal of carcases applies), in paragraph (a)—afor the words “and swine-fever” substitute “ , swine-fever and transmissible spongiform encephalopathies ”;bafter “applies” insert “ and any disease in respect of which an order under section 32A is in force ”. Disease control (slaughter) protocol3In the 1981 Act the following sections are inserted after section 32A (as inserted by section 2 above)— Disease control (slaughter) protocol32B1This section applies to a power exercisable by the Secretary of State under—aparagraph 3(1)(c) of Schedule 3;bsuch other provision of that Schedule (as amended by an order under section 32A(1)(a)) as the Secretary of State by order specifies;csuch other provisions of this Act relating to the control of disease as the Secretary of State by order specifies.2The Secretary of State must prepare a document (the disease control (slaughter) protocol) indicating—athe purposes for which any power to which this section applies will be exercised;bthe principal factors to be taken into account in deciding whether to exercise the power;cthe 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;dthe procedure to be followed by persons who have functions in relation to the exercise of the power;ethe means by which a particular decision to exercise the power may be reviewed.3After preparing a draft of the disease control (slaughter) protocol the Secretary of State—amust 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;bmust consider any representations made to him about the draft by such persons and organisations;cmay amend the draft accordingly.4After the Secretary of State has proceeded under subsection (3) he must publish the protocol in such manner as he thinks appropriate.5The Secretary of State must from time to time review the protocol and if he thinks it appropriate revise the protocol.6Subsections (2) to (4) apply to a revision of the protocol as they apply to its preparation.7The power to make an order must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.8It is immaterial that anything done for the purposes of subsections (2) to (4) is done before the passing of the Animal Health Act 2002. Protocol: exercise of powers32C1A 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.2Any act which is done in contravention of subsection (1) is done without lawful authority.3If 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.4But 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. Explanation of preventive slaughter4In the 1981 Act the following section is inserted after section 32C (as inserted by section 3 above)— Explanation of preventive slaughter32D1This section applies to a power exercisable by the Secretary of State under—aparagraph 3(1)(c) of Schedule 3;bany other provision of that Schedule as amended by an order under section 32A(1)(a).2The 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—afor the exercise of the power;bfor not exercising his power under section 16 to cause animals to be treated with serum or vaccine.3If 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. Slaughter of vaccinated animals5In the 1981 Act the following section is inserted after section 16— Slaughter of vaccinated animals16A1This 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.2The Secretary of State may cause to be slaughtered any animal to which this section applies.3The power conferred by this section extends to taking any action—awhich is required to enable any such animal to be slaughtered, orbwhich is otherwise required in connection with the slaughter.4For any animal slaughtered under this section the Secretary of State must pay compensation in accordance with subsections (5) and (6).5In the case of an animal treated with vaccine for the purpose of preventing the spread of foot-and-mouth disease—aif the animal was affected with foot-and-mouth disease the compensation is the value of the animal immediately before it became so affected;bin any other case the compensation is the value of the animal immediately before it was slaughtered.6In 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.7In 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.”8No 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.9A statutory instrument containing an order under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament. Part 2 Scrapie Scrapie6The Schedule contains provision about transmissible spongiform encephalopathies in sheep. Part 3 EnforcementPowers Treatment: power of entry71Section 16 of the 1981 Act (treatment after exposure to infection) is amended as follows.2In subsection (2) for “officer of the Minister” substitute “ inspector ”.3In that subsection omit the words from “taking with him” to the end.4After subsection (2) insert the following—3If a justice of the peace is satisfied on sworn information in writing that the first condition is satisfied and that the second or third condition is satisfied he may issue a warrant authorising an inspector to enter any land or premises, if necessary using reasonable force, for the purpose mentioned in subsection (2).4The information must include—aa statement as to whether any representations have been made by the occupier of the land or premises to an inspector concerning the purpose for which the warrant is sought;ba summary of any such representations.5The first condition is that there are reasonable grounds for an inspector to enter the land or premises for that purpose.6The second condition is that each of the following applies to the occupier of the premises—ahe has been informed of the decision to seek entry to the premises and of the reasons for that decision;bhe has failed to allow entry to the premises on being requested to do so by an inspector;che has been informed of the decision to apply for the warrant.7The third condition is that—athe premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, orban application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises.8Subsections (9) to (12) apply to an inspector who enters any land or premises by virtue of subsection (2) or under a warrant issued under subsection (3).9The inspector may take with him—asuch other persons as he thinks necessary to give him such assistance as he thinks necessary;bsuch equipment as he thinks necessary.10The inspector may require any person on the land or premises who falls within subsection (11) to give him such assistance as he may reasonably require for the purpose mentioned in subsection (2).11The following persons fall within this subsection—athe occupier of the premises;ba person appearing to the inspector to have charge of animals on the premises;ca person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b).12If the inspector enters any unoccupied premises he must leave them as effectively secured against entry as he found them.13If the inspector enters any premises by virtue of a warrant issued under subsection (3) he must at the time of entry—aserve a copy of the warrant on the occupier of the premises, or (if the occupier is not on the premises)bleave a copy of the warrant in a conspicuous place on the premises.14A warrant issued under subsection (3) remains in force for one month starting with the date of its approval by the justice of the peace, which date shall be clearly visible on the warrant.15A warrant issued under subsection (3) must be executed only at a reasonable hour unless the inspector thinks that the case is one of urgency.16In relation to any premises to which entry is obtained by virtue of a warrant under this section the Secretary of State must retain for a period of not less than 12 months beginning with the day after entry—aa copy of the warrant;ba copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the inspector and any other person entering the premises with him.17A person commits an offence if—ahe is required to give assistance under subsection (10), andbhe fails to give it. Slaughter: power of entry81In the 1981 Act the following sections are inserted after section 62— Slaughter: power of entry62A1An inspector may at any time enter any premises for the purpose of—aascertaining whether a power conferred by or under this Act to cause an animal to be slaughtered should be exercised, orbdoing anything in pursuance of the exercise of that power.2In this section and sections 62B and 62C premises includes any land, building or other place. Slaughter: warrants62B1If a justice of the peace is satisfied on sworn information in writing that the first condition is satisfied and that the second or third condition is satisfied he may issue a warrant authorising an inspector to enter any premises, if necessary using reasonable force, for the purpose mentioned in section 62A.2The information must include—aa statement as to whether any representations have been made by the occupier of the land or premises to an inspector concerning the purpose for which the warrant is sought;ba summary of any such representations.3The first condition is that there are reasonable grounds for an inspector to enter the premises for that purpose.4The second condition is that each of the following applies to the occupier of the premises—ahe has been informed of the decision to seek entry to the premises and of the reasons for that decision;bhe has failed to allow entry to the premises on being requested to do so by an inspector;che has been informed of the decision to apply for the warrant.5The third condition is that—athe premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, orban application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises.6A warrant issued under this section remains in force for one month starting with the date of its approval by the justice of the peace, which date shall be clearly visible on the warrant.7A warrant issued under this section must be executed only at a reasonable hour unless the inspector thinks that the case is one of urgency.8In relation to any premises to which entry is obtained by virtue of a warrant under this section the Secretary of State must retain for a period of not less than 12 months beginning with the day after entry—aa copy of the warrant;ba copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the inspector and any other person entering the premises with him. Slaughter: supplementary62C1This section applies to an inspector who enters any premises by virtue of section 62A or under a warrant issued under section 62B.2The inspector may take with him—asuch other persons as he thinks necessary to give him such assistance as he thinks necessary;bsuch equipment as he thinks necessary.3The inspector may require any person on the premises who falls within subsection (4) to give him such assistance as he may reasonably require for the purpose mentioned in section 62A.4The following persons fall within this subsection—athe occupier of the premises;ba person appearing to the inspector to have charge of animals on the premises;ca person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b).5If the inspector enters any premises by virtue of a warrant issued under section 62B he must at the time of entry—aserve a copy of the warrant on the occupier of the premises, or (if the occupier is not on the premises)bleave a copy of the warrant in a conspicuous place on the premises.6If the inspector enters any unoccupied premises he must leave them as effectively secured against entry as he found them.2In that Act the following section is inserted after section 66— Refusal and obstruction of inspector66A1A person commits an offence if without lawful authority or excuse (proof of which shall lie on him) he—arefuses admission to any premises to a person acting under section 62A above,bobstructs or impedes him in so acting, orcassists in any such obstruction or impeding.2A person commits an offence if—ahe is required to give assistance under section 62C(3), andbhe fails to give it. Tests and samples: power of entry9In the 1981 Act the following sections are inserted after section 62C (inserted by section 8 of this Act)— Tests and samples: power of entry62D1A veterinary inspector may at any time enter any premises for the purpose of ascertaining—awhether disease anti-bodies exist in animals on the premises;bwhether any animal on the premises or which was kept there at any time is, or was at that time, infected with disease;cwhether any causative agent of disease is present on the premises.2Disease is foot-and-mouth disease and such other disease as the Secretary of State may by order specify.3No order may be made under subsection (2) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.4Causative agent includes any virus, bacterium and any other organism or infectious substance which may cause or transmit disease.5In this section and sections 62E and 62F premises includes any land, building or other place. Tests and samples: warrants62E1If a justice of the peace is satisfied on sworn information in writing that the first condition is satisfied and that the second or third condition is satisfied he may issue a warrant authorising a veterinary inspector to enter any premises, if necessary using reasonable force, for the purpose mentioned in section 62D.2The information must include—aa statement as to whether any representations have been made by the occupier of the land or premises to an inspector concerning the purpose for which the warrant is sought;ba summary of any such representations.3The first condition is that there are reasonable grounds for a veterinary inspector to enter the premises for that purpose.4The second condition is that each of the following applies to the occupier of the premises—ahe has been informed of the decision to seek entry to the premises and of the reasons for that decision;bhe has failed to allow entry to the premises on being requested to do so by an inspector;che has been informed of the decision to apply for the warrant.5The third condition is that—athe premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, orban application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises.6A warrant issued under this section remains in force for one month starting with the date of its approval by the justice of the peace, which date shall be clearly visible on the warrant.7A warrant issued under this section must be executed only at a reasonable hour unless the inspector thinks that the case is one of urgency.8In relation to any premises to which entry is obtained by virtue of a warrant under this section the Secretary of State must retain for a period of not less than 12 months beginning with the day after entry—aa copy of the warrant;ba copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the inspector and any other person entering the premises with him. Tests and samples: supplementary62F1This section applies to a veterinary inspector who enters any premises by virtue of section 62D or under a warrant issued under section 62E.2The inspector may take with him—asuch other persons as he thinks necessary to give him such assistance as he thinks necessary;bsuch equipment as he thinks necessary.3The inspector may take such samples (including samples from any animal on the premises) and carry out such tests as he thinks are necessary for the purpose mentioned in section 62D(1).4The inspector may require any person on the premises who falls within subsection (5) to give him such assistance as he may reasonably require for the purpose mentioned in section 62D(1).5The following persons fall within this subsection—athe occupier of the premises;ba person appearing to the inspector to have charge of animals on the premises;ca person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b).6If the inspector enters any unoccupied premises he must leave them as effectively secured against entry as he found them.7If the inspector enters any premises by virtue of a warrant issued under section 62E he must at the time of entry—aserve a copy of the warrant on the occupier of the premises, or (if the occupier is not on the premises)bleave a copy of the warrant in a conspicuous place on the premises.8A person commits an offence if—ahe is required to give assistance under subsection (4), andbhe fails to give it. Inspection of vehicles10In the 1981 Act the following section is inserted after section 65— Inspection of vehicles65A1If each of the conditions in subsection (2) is satisfied, an inspector may stop, detain and inspect any vehicle to ascertain whether the provisions of any of the following are being complied with—athis Act;ban order made under this Act;ca regulation of a local authority made in pursuance of such an order.2The conditions are—athat the vehicle is in a designated area in a designated period;bthat the inspector is accompanied by a constable in uniform.3In subsection (2) “designated” means designated by an order made by the Secretary of State.4A vehicle includes—aa trailer, semi-trailer or other thing which is designed or adapted to be towed by another vehicle;banything on a vehicle;ca detachable part of a vehicle;da container or other structure designed or adapted to be carried by or on a vehicle. Obstruction11In section 60(5) of the 1981 Act (power to apprehend without warrant if officer is obstructed)—afor “officer other than a constable” substitute “ inspector ”;bfor “officer” (in the second place where the word occurs) substitute “ inspector or a constable ”.Offences Deliberate infection of animals121In the 1981 Act the following sections are inserted after section 28— Deliberate infection28A1A person commits an offence if without lawful authority or excuse (proof of which shall lie on him) he knowingly does anything which causes or is intended to cause an animal to be infected with a disease specified in Schedule 2A.2A person guilty of an offence under subsection (1) is liable—aon summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;bon conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.3The Secretary of State may by order amend Schedule 2A.4A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament. Deliberate infection: disqualification28B1If a person is convicted of an offence under section 28A the court may by order disqualify him, for such period as it thinks fit, from keeping or dealing in—aany animals, orbany animals of a specified kind.2The court may suspend the operation of the order—afor such period as it thinks necessary to enable arrangements to be made for the keeping of any animals to which the disqualification relates;bpending an appeal.3A person who is disqualified under subsection (1) may from time to time apply to the court which imposed the disqualification to remove it or vary it.4On an application under subsection (3) the court may by order—arefuse the application,bremove the disqualification, orcvary the disqualification to apply it only to such animals or kind of animals as it specifies.5In considering an application under subsection (3) the court may have regard to—athe nature of the offence in respect of which the disqualification was imposed;bthe character of the applicant;chis conduct since the disqualification was imposed.6The first application under subsection (3) must not be made before the end of the period of one year starting with the date the disqualification starts.7A further application must not be made before the end of the period of one year starting with the date of the court’s last order.8For the purposes of this section keeping or dealing in an animal includes—ahaving custody or control of an animal;bbeing concerned in the management or control of a body (whether or not incorporated) whose activities include keeping or dealing in animals.2In that Act the following Schedule is inserted after Schedule 2—SCHEDULE 2ASpecified diseases<P><UnorderedList Decoration="none"><ListItem><Para><Text>Foot-and-mouth disease</Text></Para></ListItem><ListItem><Para><Text>Swine vesicular disease</Text></Para></ListItem><ListItem><Para><Text>Peste des petits ruminants</Text></Para></ListItem><ListItem><Para><Text>Lumpy skin disease</Text></Para></ListItem><ListItem><Para><Text>Bluetongue</Text></Para></ListItem><ListItem><Para><Text>African horse sickness</Text></Para></ListItem><ListItem><Para><Text>Classical swine fever</Text></Para></ListItem><ListItem><Para><Text>Newcastle disease</Text></Para></ListItem><ListItem><Para><Text>Vesicular stomatitis</Text></Para></ListItem><ListItem><Para><Text>Rinderpest</Text></Para></ListItem><ListItem><Para><Text>Contagious bovine pleuropneumonia</Text></Para></ListItem><ListItem><Para><Text>Rift Valley fever</Text></Para></ListItem><ListItem><Para><Text>Sheep pox and goat pox</Text></Para></ListItem><ListItem><Para><Text>African swine fever</Text></Para></ListItem><ListItem><Para><Text>Highly pathogenic avian influenza.</Text></Para></ListItem></UnorderedList></P></P1group></ScheduleBody></Schedule></BlockAmendment></P2para></P2></P1para></P1></P1group><P1group RestrictStartDate="2003-01-14"><Title> Penalties for certain summary offences13In the 1981 Act the following section is substituted for section 75— Penalties for certain summary offences751This section applies to any offence under this Act for which no penalty is specified.2A person guilty of an offence to which this section applies is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both. Prosecutions: time limit14In the 1981 Act the following section is inserted before section 72— Prosecutions: time limit71A1Despite anything in section 127(1) of the Magistrates’ Courts Act 1980 an information relating to an offence under this Act which is triable by a magistrates’ court in England and Wales may be so tried if it is laid at any time—awithin the period of three years starting with the date of the commission of the offence, andbwithin the period of six months starting with the day on which evidence which the prosecutor thinks is sufficient to justify the proceedings comes to his knowledge.2A certificate by the prosecutor as to the date on which such evidence came to his knowledge is conclusive evidence of that fact. Part 4 General Duty to consider vaccination15In the 1981 Act the following section is inserted after section 14A (as inserted by section 18) of this Act— Duty to consider vaccination14B1In relation to any occurrence of foot-and-mouth disease the Secretary of State must consider what is the most appropriate means of preventing the spread of the disease.2In particular he must consider whether in relation to the occurrence treating animals with serum or vaccine is more appropriate than any other means of preventing the spread of the disease. Biosecurity guidance16In the 1981 Act the following sections are inserted after section 6 (eradication areas and attested areas)— Biosecurity guidance6A1The Secretary of State must prepare guidance on the appropriate biosecurity measures to be taken in relation to—afoot-and-mouth disease;bsuch other disease as the Secretary of State by order specifies.2After preparing a draft of the guidance the Secretary of State—amust send a copy of the draft to such persons and organisations as he thinks are representative of those having an interest in biosecurity measures;bmust consider any representations made to him about the draft by such persons and organisations;cmay amend the draft accordingly.3After the Secretary of State has proceeded under subsection (2) he must publish the guidance in such manner as he thinks appropriate.4The Secretary of State must from time to time review the guidance and if he thinks it appropriate revise the guidance.5Subsections (1) to (3) apply to a revision of the guidance as they apply to its preparation.6But if the Secretary of State thinks that it is necessary to revise the guidance urgently he may publish revised guidance without proceeding under subsection (2).7Biosecurity measures are measures taken to prevent the spread of causative agents of disease.8Causative agent includes any virus, bacterium and any other organism or infectious substance which may cause or transmit disease.9The power to make an order must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.10It is immaterial that anything done for the purposes of subsections (1) to (3) is done before the passing of the Animal Health Act 2002. Biosecurity compliance6B1A person having a function under this Act relating to foot-and -mouth disease or a disease specified by order under section 6A(1) must not exercise the function unless the guidance under section 6A has been published and has not been withdrawn.2Any act which is done in contravention of subsection (1) is done without lawful authority.3If a person to whom subsection (5) applies fails to comply with the guidance he is not by reason only of that failure liable in any civil or criminal proceedings.4But the guidance 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.5This subsection applies to—aany person having functions under this Act;bany person who is the owner or occupier of premises on which animals are kept;cany person who has charge of animals;dany person who is under the direction of a person mentioned in paragraphs (a) to (c). Annual review of import controls17In the 1981 Act the following section is inserted after section 10— Annual review of import controls10A1The Ministers shall prepare a report during each financial year which will—areview all activities of government departments, the Food Standards Agency, local authorities, customs, police authorities 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;bidentify 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;cassess the making of any orders under section 10 of this Act;dassess the effectiveness of any action taken under an order made under section 10 of this Act; andepropose 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.2The Ministers shall lay their report before Parliament and the National Assembly for Wales at the end of each financial year. National contingency plan18Before section 15 of the 1981 Act (requirements on certain persons relating to animals affected with disease) there is inserted the following section— National contingency plan14A1The appropriate authority must prepare a document (the national contingency plan) indicating the arrangements the authority intends to put in place for the purpose of dealing with any occurrence of—afoot-and-mouth disease;bsuch other disease as the authority by order specifies.2After preparing a draft of the national contingency plan the appropriate authority—amust send a copy of the draft to such persons and organisations as the authority thinks are representative of those having an interest in the arrangements;bmust consider any representations made to the authority about the draft by such persons and organisations;cmay amend the draft accordingly.3After the appropriate authority has proceeded under subsection (2) the authority must—alay the plan before Parliament (unless subsection (9) applies);bpublish it in such manner as the authority thinks likely to bring it to the attention of persons who may be affected by the arrangements.4The appropriate authority must from time to time (but not less frequently than at intervals of one year) review the plan and if the authority thinks it appropriate revise the plan.5Subsections (2) and (3) apply to a revision of the plan as they apply to its preparation.6The power to make an order must be exercised by statutory instrument.7The instrument is subject to annulment in pursuance of a resolution of either House of Parliament (unless subsection (9) applies).8The appropriate authority is—athe Secretary of State in relation to England;bthe Secretary of State and the National Assembly for Wales acting jointly in relation to Wales (except for the purposes of subsection (1)(b));cthe National Assembly for Wales in relation to Wales for the purposes of subsection (1)(b).9This subsection applies to a plan prepared in relation to Wales.10It is immaterial that anything done for the purposes of subsections (1) to (3) (except the making of an order under subsection (1)(b)) is done before the passing of the Animal Health Act 2002. Commencement191The preceding provisions of this Act come into force in accordance with provision made by the Secretary of State by order made by statutory instrument.2An order under this section may make different provision for different purposes. Finance20Any expenditure incurred by a Minister of the Crown in consequence of this Act is to be paid out of money provided by Parliament. Extent21This Act extends only to England and Wales. Short title22This Act may be cited as the Animal Health Act 2002.SCHEDULEScrapieSection 6

In the Animal Health Act 1981 (c. 22) the following Part is inserted after Part 2— Part 2A

Scrapie

<P><Text><Emphasis>Sheep genotypes</Emphasis></Text></P><P1group><Title> Power of Secretary of State to specify sheep genotypes36AThe Secretary of State may by order specify sheep genotypes which, in his opinion, are more susceptible than other sheep genotypes—ato infection by transmissible spongiform encephalopathies generally, or by a particular form of transmissible spongiform encephalopathy, orbto becoming carriers.<P><Text><Emphasis>Genetically susceptible sheep</Emphasis></Text></P><P1group><Title> Identification of genetically susceptible sheep36B1The Secretary of State may by regulations make provision requiring the keeper of any sheep—ato allow an inspector to take a sample from it, for the purpose of establishing its genotype;bto allow an inspector to administer or otherwise attach to it an electronic identification device;cwhere the genotype of the sheep has been established (whether or not as a result of the exercise of powers conferred by this Part) to keep a record of its genotype.2The regulations may, in particular—aprovide that only electronic identification devices of a prescribed kind may be administered or attached;bmake provision as to the assistance which an inspector may require the keeper to give to him;cmake provision with respect to the testing of samples;drequire the issuing and keeping of certificates recording the genotypes of sheep. Restrictions on breeding from genetically susceptible sheep36C1This section applies where it appears to the Secretary of State that a sheep is of a genotype specified in an order under section 36A.2The Secretary of State must consider whether there are exceptional circumstances that justify allowing the sheep to be used for breeding.3If it appears to the Secretary of State that allowing the sheep to be used for breeding would not be justified, he must give notice to its keeper (“a restriction notice”) that the restrictions and requirements imposed by subsections (7) to (9) apply in relation to the sheep.4A restriction notice—amay be made so as to apply to more than one sheep, andbmay describe the sheep to which it applies in such a way as the Secretary of State considers appropriate.5If the keeper of a sheep is not the same person as its owner, the Secretary of State may give a separate restriction notice to the owner.6Subsections (7) to (9) apply to a person to whom a restriction notice is given.7He must not—ause a sheep to which the notice applies, or its semen, eggs or embryos, for purposes of or connected with breeding, orbcause or permit such a sheep or such semen, eggs or embryos to be used by another person for those purposes.8He must arrange for any semen, egg or embryo which has at any time been taken from a sheep to which the notice applies, and which is in his possession or under his control, to be destroyed.9He must arrange for each sheep to which the notice applies—ato be castrated or (as appropriate) sterilised before the end of the period of one month beginning with the date on which the notice was given, orbto be slaughtered before the end of the period of seven months beginning with that date.10For the purposes of subsection (2) exceptional circumstances include circumstances in which the imposition in relation to the sheep of the restrictions and requirements of subsections (7) to (9) is likely to cause the extinction of the breed of which the sheep is a member. Appeals36D1A person to whom a restriction notice has been given may appeal against the notice to a person appointed by the Secretary of State for the purpose of dealing with appeals under this Part (“an assessor”).2An appeal may not be brought after the end of the period of 21 days beginning with the date on which the notice concerned was given to the appellant.3But the Secretary of State may, in a particular case, extend the period of 21 days if he considers that there are exceptional circumstances justifying the extension.4If the restriction notice applies to more than one sheep, the appeal may be limited to the sheep specified by the appellant.5If the assessor allows the appeal, in whole or in part, he may—arevoke the notice,brevoke the notice so far as it applies to one or more sheep specified by him, orcdirect that a further test is carried out in relation to sheep specified by him.6A direction under subsection (5)(c) may require—aa further sample to be taken,bthe further test to be carried out by a different testing laboratory.7The Secretary of State may make regulations supplementing the provisions of this section.8The regulations may, in particular, make provision—aas to the procedure to be followed on an appeal,bextending the period mentioned in section 36C(9)(a) where an appeal is brought against a restriction notice,crequiring the appellant to meet the reasonable costs of, and in connection with, the taking of a further sample or the carrying out of a further test as a result of a direction under subsection (5)(c), anddas to the recovery of any such costs.9The revocation of a restriction notice (in whole or in part) by an assessor does not prevent the issue of another restriction notice, following the testing of a further sample.<P><Text><Emphasis>Enforcement</Emphasis></Text></P><P1group><Title> Secretary of State’s powers of enforcement36E1This section applies if the Secretary of State is satisfied that a person to whom a restriction notice has been given has failed to comply with one or more of the restrictions or requirements imposed on him by section 36C.2But it does not apply in relation to any sheep—awhich is the subject of an appeal under section 36D which has not been disposed of, orbwhich, as the result of a successful appeal, is no longer subject to the restriction notice.3The Secretary of State may take such reasonable steps as he considers appropriate to secure that the failure is remedied.4In particular, the Secretary of State may cause to be castrated (or as appropriate sterilised) or slaughtered any sheep—awhich is the subject of the notice, butbwhich has neither been castrated (or as appropriate sterilised) nor slaughtered within the period mentioned in section 36C(9)(b).5The Secretary of State may make regulations supplementing the provisions of this section. Offences36F1A person to whom a restriction notice is given commits an offence (whether or not the notice is the subject of an appeal) if—ahe sells (or otherwise transfers to another person) a sheep to which the notice applies, or any of its semen, eggs or embryos;bhe fails, without reasonable excuse (proof of which lies on him) to comply with any of the restrictions or requirements imposed by subsections (7) to (9) of section 36C.2Any other person commits an offence if he uses any semen, egg or embryo which he knows, or has reasonable cause to believe, has been taken from a sheep which is the subject of a restriction notice.3A person commits an offence if, without reasonable excuse (proof of which lies on him), he fails to comply with any provision of regulations made under section 36B.4A person commits an offence if he obstructs an inspector or any other person discharging, or attempting to discharge, functions conferred by or under this Part.<P><Text><Emphasis>Power of entry</Emphasis></Text></P><P1group><Title> Power of entry36G1An inspector or a constable may at all reasonable times enter any premises for the purpose of—acarrying out any function he has under or in pursuance of this Part, orbascertaining whether any such function should be exercised.2Subsection (1) does not apply to premises used only as a private dwelling-house unless 24 hours’ notice of the intended entry is given to the occupier.3A person acting under subsection (1) must, if required, show evidence of his authority to act under that subsection. Warrants36H1If a justice of the peace is satisfied on sworn information in writing that the first condition is satisfied and that the second or third condition is satisfied he may issue a warrant authorising a person mentioned in section 36G(1) to enter premises, if necessary using reasonable force, for the purpose there mentioned.2The information must include—aa statement as to whether any representations have been made by the occupier of the land or premises to an inspector concerning the purpose for which the warrant is sought;ba summary of any such representations.3The first condition is that there are reasonable grounds for a person mentioned in section 36G(1) to enter premises for the purpose there mentioned.4The second condition is that each of the following applies to the occupier of the premises—ahe has been informed of the decision to seek entry to the premises and of the reasons for that decision;bhe has failed to allow entry to the premises on being requested to do so by a person mentioned in section 36G(1);che has been informed of the decision to apply for the warrant.5The third condition is that—athe premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, orban application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises.6A warrant issued under this section remains in force for one month starting with the date of its approval by the justice of the peace, which date shall be clearly visible on the warrant.7A warrant issued under this section must be executed only at a reasonable hour unless the person authorised by the warrant to enter the premises thinks that the case is one of urgency.8In relation to any premises to which entry is obtained by virtue of a warrant under this section the Secretary of State must retain for a period of not less than 12 months beginning with the day after entry—aa copy of the warrant;ba copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the person authorised by the warrant to enter the premises and any other person entering the premises with him. Supplementary36I1This section applies to a person who enters premises by virtue of section 36G(1) or under a warrant issued under section 36H (an authorised person).2An authorised person may take with him—asuch other persons as he thinks necessary to give him such assistance as he thinks necessary;bsuch equipment as he thinks necessary.3An authorised person may require any person on the premises who falls within subsection (4) to give him such assistance as he may reasonably require for the purpose mentioned in section 36G(1).4The following persons fall within this subsection—athe occupier of the premises;ba person appearing to the inspector to have charge of animals on the premises;ca person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b).5An authorised person may—ainspect any records (in whatever form they are held) relating to the keeping, acquisition or disposal of animals;bseize and detain any records which he reasonably thinks may be needed as evidence in any proceedings under or by virtue of this Act.6If an authorised person enters any unoccupied premises he must leave them as effectively secured against entry as he found them.7If an authorised person enters any premises by virtue of a warrant issued under section 36H he must at the time of entry—aserve a copy of the warrant on the occupier of the premises, or (if the occupier is not on the premises)bleave a copy of the warrant in a conspicuous place on the premises. Offences36J1A person commits an offence if without lawful authority or excuse (proof of which shall lie on him) he—arefuses admission to any premises to a person acting under section 36G above,bobstructs or impedes him in so acting, orcassists in any such obstruction or impeding.2A person commits an offence if—ahe is required to give assistance under section 36I(3), andbhe fails to give it.<P><Text><Emphasis>General</Emphasis></Text></P><P1group><Title> Compensation36KThe Secretary of State may make regulations providing for the payment by him of compensation in respect of loss suffered or costs incurred as a result of the exercise of a power conferred by or under this Part. Orders and Regulations36L1A power to make an order or regulations under this Part is exercisable by statutory instrument.2Such a statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament. Interpretation36MIn this Part—keeper”, in relation to a sheep, includes an owner of the sheep;premises” includes any land, building or other place;restriction notice” means a notice given under section 36C.

S. 19(1) power fully exercised: different dates appointed for specified provisions by S.I. 2002/3044, art. 2
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<Title>Animal Health Act 2002</Title>
<Number>2002 c. 42</Number>
<LongTitle>An Act to amend the Animal Health Act 1981.</LongTitle>
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<DateText>[7th November 2002]</DateText>
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<SmallCaps>Be it enacted</SmallCaps>
by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
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<Strong>Part 1</Strong>
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<Title>Slaughter</Title>
<P1group RestrictStartDate="2003-01-14">
<Title> Foot-and-mouth disease</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/1/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/1" id="section-1">
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<Pnumber>1</Pnumber>
<P2para>
<Text>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.</Text>
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<Pnumber>2</Pnumber>
<P2para>
<Text>In sub-paragraph (1) omit “and” at the end of paragraph (a), and after paragraph (b) insert—</Text>
<BlockAmendment TargetClass="unknown" TargetSubClass="unknown" Context="unknown" Format="default">
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>any animals the Secretary of State thinks should be slaughtered with a view to preventing the spread of foot-and-mouth disease.</Text>
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<Pnumber>3</Pnumber>
<P2para>
<Text>After sub-paragraph (1) insert—</Text>
<BlockAmendment TargetClass="unknown" TargetSubClass="unknown" Context="unknown" Format="default">
<P2>
<Pnumber>1A</Pnumber>
<P2para>
<Text>The Secretary of State may exercise the power under sub-paragraph (1)(c) whether or not animals—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>are affected with foot-and-mouth disease or suspected of being so affected;</Text>
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<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>are or have been in contact with animals so affected;</Text>
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<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>have been exposed to the infection of foot-and-mouth disease;</Text>
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<P3>
<Pnumber>d</Pnumber>
<P3para>
<Text>have been treated with vaccine against foot-and-mouth disease.</Text>
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</P2para>
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</P2para>
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<P1group RestrictStartDate="2003-01-14">
<Title> Extension of power to slaughter</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/2/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/2" id="section-2">
<Pnumber PuncAfter="">2</Pnumber>
<P1para>
<P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/2/1/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/2/1" id="section-2-1">
<Pnumber>1</Pnumber>
<P2para>
<Text>In the 1981 Act the following section is inserted after section 32—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P1group>
<Title> Slaughter to prevent spread of disease</Title>
<P1>
<Pnumber PuncAfter="">32A</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>The Secretary of State may by order amend Schedule 3 for the purpose of—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>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;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>requiring the payment of compensation in respect of animals slaughtered by virtue of the order.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>An order under this section may include—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>amendments corresponding to those made by section 1 of the Animal Health Act 2002;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>amendments as to slaughter in relation to any disease not referred to in Schedule 3 (apart from the order);</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>supplementary or incidental provisions (including amendments of provisions other than Schedule 3).</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>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.</Text>
</P2para>
</P2>
</P1para>
</P1>
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</P2para>
</P2>
<P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/2/2/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/2/2" id="section-2-2">
<Pnumber>2</Pnumber>
<P2para>
<Text>In section 35(2) of that Act (diseases to which power of seizure and disposal of carcases applies), in paragraph (a)—</Text>
<P3 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/2/2/a/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/2/2/a" id="section-2-2-a">
<Pnumber>a</Pnumber>
<P3para>
<Text>
for the words “and swine-fever” substitute
<InlineAmendment>“ , swine-fever and transmissible spongiform encephalopathies ”</InlineAmendment>
;
</Text>
</P3para>
</P3>
<P3 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/2/2/b/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/2/2/b" id="section-2-2-b">
<Pnumber>b</Pnumber>
<P3para>
<Text>
after “applies” insert
<InlineAmendment>“ and any disease in respect of which an order under section 32A is in force ”</InlineAmendment>
.
</Text>
</P3para>
</P3>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2003-01-14">
<Title> Disease control (slaughter) protocol</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/3/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/3" id="section-3">
<Pnumber PuncAfter="">3</Pnumber>
<P1para>
<Text>In the 1981 Act the following sections are inserted after section 32A (as inserted by section 2 above)—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P1group>
<Title> Disease control (slaughter) protocol</Title>
<P1>
<Pnumber PuncAfter="">32B</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>This section applies to a power exercisable by the Secretary of State under—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>paragraph 3(1)(c) of Schedule 3;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>such other provision of that Schedule (as amended by an order under section 32A(1)(a)) as the Secretary of State by order specifies;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>such other provisions of this Act relating to the control of disease as the Secretary of State by order specifies.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>The Secretary of State must prepare a document (the disease control (slaughter) protocol) indicating—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>the purposes for which any power to which this section applies will be exercised;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>the principal factors to be taken into account in deciding whether to exercise the power;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>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;</Text>
</P3para>
</P3>
<P3>
<Pnumber>d</Pnumber>
<P3para>
<Text>the procedure to be followed by persons who have functions in relation to the exercise of the power;</Text>
</P3para>
</P3>
<P3>
<Pnumber>e</Pnumber>
<P3para>
<Text>the means by which a particular decision to exercise the power may be reviewed.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>After preparing a draft of the disease control (slaughter) protocol the Secretary of State—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>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;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>must consider any representations made to him about the draft by such persons and organisations;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>may amend the draft accordingly.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>After the Secretary of State has proceeded under subsection (3) he must publish the protocol in such manner as he thinks appropriate.</Text>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>The Secretary of State must from time to time review the protocol and if he thinks it appropriate revise the protocol.</Text>
</P2para>
</P2>
<P2>
<Pnumber>6</Pnumber>
<P2para>
<Text>Subsections (2) to (4) apply to a revision of the protocol as they apply to its preparation.</Text>
</P2para>
</P2>
<P2>
<Pnumber>7</Pnumber>
<P2para>
<Text>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.</Text>
</P2para>
</P2>
<P2>
<Pnumber>8</Pnumber>
<P2para>
<Text>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.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group>
<Title> Protocol: exercise of powers</Title>
<P1>
<Pnumber PuncAfter="">32C</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>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.</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>Any act which is done in contravention of subsection (1) is done without lawful authority.</Text>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>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.</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>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.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</BlockAmendment>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2003-01-14">
<Title> Explanation of preventive slaughter</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/4/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/4" id="section-4">
<Pnumber PuncAfter="">4</Pnumber>
<P1para>
<Text>In the 1981 Act the following section is inserted after section 32C (as inserted by section 3 above)—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P1group>
<Title> Explanation of preventive slaughter</Title>
<P1>
<Pnumber PuncAfter="">32D</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>This section applies to a power exercisable by the Secretary of State under—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>paragraph 3(1)(c) of Schedule 3;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>any other provision of that Schedule as amended by an order under section 32A(1)(a).</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>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—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>for the exercise of the power;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>for not exercising his power under section 16 to cause animals to be treated with serum or vaccine.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>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.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</BlockAmendment>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2003-01-14">
<Title> Slaughter of vaccinated animals</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/5/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/5" id="section-5">
<Pnumber PuncAfter="">5</Pnumber>
<P1para>
<Text>In the 1981 Act the following section is inserted after section 16—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P1group>
<Title> Slaughter of vaccinated animals</Title>
<P1>
<Pnumber PuncAfter="">16A</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>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.</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>The Secretary of State may cause to be slaughtered any animal to which this section applies.</Text>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>The power conferred by this section extends to taking any action—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>which is required to enable any such animal to be slaughtered, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>which is otherwise required in connection with the slaughter.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>For any animal slaughtered under this section the Secretary of State must pay compensation in accordance with subsections (5) and (6).</Text>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>In the case of an animal treated with vaccine for the purpose of preventing the spread of foot-and-mouth disease—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>if the animal was affected with foot-and-mouth disease the compensation is the value of the animal immediately before it became so affected;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>in any other case the compensation is the value of the animal immediately before it was slaughtered.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>6</Pnumber>
<P2para>
<Text>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.</Text>
</P2para>
</P2>
<P2>
<Pnumber>7</Pnumber>
<P2para>
<Text>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.”</Text>
</P2para>
</P2>
<P2>
<Pnumber>8</Pnumber>
<P2para>
<Text>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.</Text>
</P2para>
</P2>
<P2>
<Pnumber>9</Pnumber>
<P2para>
<Text>A statutory instrument containing an order under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</BlockAmendment>
</P1para>
</P1>
</P1group>
</Part>
<Part DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/part/2/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/part/2" NumberOfProvisions="1" RestrictStartDate="2003-01-14" id="part-2" RestrictEndDate="2015-05-26">
<Number>
<Strong>Part 2</Strong>
</Number>
<Title>Scrapie</Title>
<P1group RestrictStartDate="2003-01-14" RestrictEndDate="2015-05-26">
<Title> Scrapie</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/6/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/6" id="section-6">
<Pnumber PuncAfter="">6</Pnumber>
<P1para>
<Text>The Schedule contains provision about transmissible spongiform encephalopathies in sheep.</Text>
</P1para>
</P1>
</P1group>
</Part>
<Part DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/part/3/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/part/3" NumberOfProvisions="20" RestrictStartDate="2003-01-14" id="part-3">
<Number>
<Strong>Part 3</Strong>
</Number>
<Title>Enforcement</Title>
<Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/part/3/crossheading/powers/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/part/3/crossheading/powers" NumberOfProvisions="13" RestrictStartDate="2003-01-14" id="part-3-crossheading-powers">
<Title>Powers</Title>
<P1group RestrictStartDate="2003-01-14">
<Title> Treatment: power of entry</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/7/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/7" id="section-7">
<Pnumber PuncAfter="">7</Pnumber>
<P1para>
<P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/7/1/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/7/1" id="section-7-1">
<Pnumber>1</Pnumber>
<P2para>
<Text>Section 16 of the 1981 Act (treatment after exposure to infection) is amended as follows.</Text>
</P2para>
</P2>
<P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/7/2/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/7/2" id="section-7-2">
<Pnumber>2</Pnumber>
<P2para>
<Text>
In subsection (2) for “officer of the Minister” substitute
<InlineAmendment>“ inspector ”</InlineAmendment>
.
</Text>
</P2para>
</P2>
<P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/7/3/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/7/3" id="section-7-3">
<Pnumber>3</Pnumber>
<P2para>
<Text>In that subsection omit the words from “taking with him” to the end.</Text>
</P2para>
</P2>
<P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/7/4/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/7/4" id="section-7-4">
<Pnumber>4</Pnumber>
<P2para>
<Text>After subsection (2) insert the following—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>If a justice of the peace is satisfied on sworn information in writing that the first condition is satisfied and that the second or third condition is satisfied he may issue a warrant authorising an inspector to enter any land or premises, if necessary using reasonable force, for the purpose mentioned in subsection (2).</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>The information must include—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>a statement as to whether any representations have been made by the occupier of the land or premises to an inspector concerning the purpose for which the warrant is sought;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>a summary of any such representations.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>The first condition is that there are reasonable grounds for an inspector to enter the land or premises for that purpose.</Text>
</P2para>
</P2>
<P2>
<Pnumber>6</Pnumber>
<P2para>
<Text>The second condition is that each of the following applies to the occupier of the premises—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>he has been informed of the decision to seek entry to the premises and of the reasons for that decision;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>he has failed to allow entry to the premises on being requested to do so by an inspector;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>he has been informed of the decision to apply for the warrant.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>7</Pnumber>
<P2para>
<Text>The third condition is that—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>the premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>an application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>8</Pnumber>
<P2para>
<Text>Subsections (9) to (12) apply to an inspector who enters any land or premises by virtue of subsection (2) or under a warrant issued under subsection (3).</Text>
</P2para>
</P2>
<P2>
<Pnumber>9</Pnumber>
<P2para>
<Text>The inspector may take with him—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>such other persons as he thinks necessary to give him such assistance as he thinks necessary;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>such equipment as he thinks necessary.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>10</Pnumber>
<P2para>
<Text>The inspector may require any person on the land or premises who falls within subsection (11) to give him such assistance as he may reasonably require for the purpose mentioned in subsection (2).</Text>
</P2para>
</P2>
<P2>
<Pnumber>11</Pnumber>
<P2para>
<Text>The following persons fall within this subsection—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>the occupier of the premises;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>a person appearing to the inspector to have charge of animals on the premises;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>a person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b).</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>12</Pnumber>
<P2para>
<Text>If the inspector enters any unoccupied premises he must leave them as effectively secured against entry as he found them.</Text>
</P2para>
</P2>
<P2>
<Pnumber>13</Pnumber>
<P2para>
<Text>If the inspector enters any premises by virtue of a warrant issued under subsection (3) he must at the time of entry—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>serve a copy of the warrant on the occupier of the premises, or (if the occupier is not on the premises)</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>leave a copy of the warrant in a conspicuous place on the premises.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>14</Pnumber>
<P2para>
<Text>A warrant issued under subsection (3) remains in force for one month starting with the date of its approval by the justice of the peace, which date shall be clearly visible on the warrant.</Text>
</P2para>
</P2>
<P2>
<Pnumber>15</Pnumber>
<P2para>
<Text>A warrant issued under subsection (3) must be executed only at a reasonable hour unless the inspector thinks that the case is one of urgency.</Text>
</P2para>
</P2>
<P2>
<Pnumber>16</Pnumber>
<P2para>
<Text>In relation to any premises to which entry is obtained by virtue of a warrant under this section the Secretary of State must retain for a period of not less than 12 months beginning with the day after entry—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>a copy of the warrant;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>a copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the inspector and any other person entering the premises with him.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>17</Pnumber>
<P2para>
<Text>A person commits an offence if—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>he is required to give assistance under subsection (10), and</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>he fails to give it.</Text>
</P3para>
</P3>
</P2para>
</P2>
</BlockAmendment>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2003-01-14">
<Title> Slaughter: power of entry</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/8/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/8" id="section-8">
<Pnumber PuncAfter="">8</Pnumber>
<P1para>
<P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/8/1/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/8/1" id="section-8-1">
<Pnumber>1</Pnumber>
<P2para>
<Text>In the 1981 Act the following sections are inserted after section 62—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P1group>
<Title> Slaughter: power of entry</Title>
<P1>
<Pnumber PuncAfter="">62A</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>An inspector may at any time enter any premises for the purpose of—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>ascertaining whether a power conferred by or under this Act to cause an animal to be slaughtered should be exercised, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>doing anything in pursuance of the exercise of that power.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>In this section and sections 62B and 62C premises includes any land, building or other place.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group>
<Title> Slaughter: warrants</Title>
<P1>
<Pnumber PuncAfter="">62B</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>If a justice of the peace is satisfied on sworn information in writing that the first condition is satisfied and that the second or third condition is satisfied he may issue a warrant authorising an inspector to enter any premises, if necessary using reasonable force, for the purpose mentioned in section 62A.</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>The information must include—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>a statement as to whether any representations have been made by the occupier of the land or premises to an inspector concerning the purpose for which the warrant is sought;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>a summary of any such representations.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>The first condition is that there are reasonable grounds for an inspector to enter the premises for that purpose.</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>The second condition is that each of the following applies to the occupier of the premises—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>he has been informed of the decision to seek entry to the premises and of the reasons for that decision;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>he has failed to allow entry to the premises on being requested to do so by an inspector;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>he has been informed of the decision to apply for the warrant.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>The third condition is that—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>the premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>an application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>6</Pnumber>
<P2para>
<Text>A warrant issued under this section remains in force for one month starting with the date of its approval by the justice of the peace, which date shall be clearly visible on the warrant.</Text>
</P2para>
</P2>
<P2>
<Pnumber>7</Pnumber>
<P2para>
<Text>A warrant issued under this section must be executed only at a reasonable hour unless the inspector thinks that the case is one of urgency.</Text>
</P2para>
</P2>
<P2>
<Pnumber>8</Pnumber>
<P2para>
<Text>In relation to any premises to which entry is obtained by virtue of a warrant under this section the Secretary of State must retain for a period of not less than 12 months beginning with the day after entry—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>a copy of the warrant;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>a copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the inspector and any other person entering the premises with him.</Text>
</P3para>
</P3>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group>
<Title> Slaughter: supplementary</Title>
<P1>
<Pnumber PuncAfter="">62C</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>This section applies to an inspector who enters any premises by virtue of section 62A or under a warrant issued under section 62B.</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>The inspector may take with him—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>such other persons as he thinks necessary to give him such assistance as he thinks necessary;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>such equipment as he thinks necessary.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>The inspector may require any person on the premises who falls within subsection (4) to give him such assistance as he may reasonably require for the purpose mentioned in section 62A.</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>The following persons fall within this subsection—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>the occupier of the premises;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>a person appearing to the inspector to have charge of animals on the premises;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>a person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b).</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>If the inspector enters any premises by virtue of a warrant issued under section 62B he must at the time of entry—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>serve a copy of the warrant on the occupier of the premises, or (if the occupier is not on the premises)</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>leave a copy of the warrant in a conspicuous place on the premises.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>6</Pnumber>
<P2para>
<Text>If the inspector enters any unoccupied premises he must leave them as effectively secured against entry as he found them.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</BlockAmendment>
</P2para>
</P2>
<P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/8/2/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/8/2" id="section-8-2">
<Pnumber>2</Pnumber>
<P2para>
<Text>In that Act the following section is inserted after section 66—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P1group>
<Title> Refusal and obstruction of inspector</Title>
<P1>
<Pnumber PuncAfter="">66A</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>A person commits an offence if without lawful authority or excuse (proof of which shall lie on him) he—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>refuses admission to any premises to a person acting under section 62A above,</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>obstructs or impedes him in so acting, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>assists in any such obstruction or impeding.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>A person commits an offence if—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>he is required to give assistance under section 62C(3), and</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>he fails to give it.</Text>
</P3para>
</P3>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</BlockAmendment>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2003-01-14">
<Title> Tests and samples: power of entry</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/9/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/9" id="section-9">
<Pnumber PuncAfter="">9</Pnumber>
<P1para>
<Text>In the 1981 Act the following sections are inserted after section 62C (inserted by section 8 of this Act)—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P1group>
<Title> Tests and samples: power of entry</Title>
<P1>
<Pnumber PuncAfter="">62D</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>A veterinary inspector may at any time enter any premises for the purpose of ascertaining—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>whether disease anti-bodies exist in animals on the premises;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>whether any animal on the premises or which was kept there at any time is, or was at that time, infected with disease;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>whether any causative agent of disease is present on the premises.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>Disease is foot-and-mouth disease and such other disease as the Secretary of State may by order specify.</Text>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>No order may be made under subsection (2) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>Causative agent includes any virus, bacterium and any other organism or infectious substance which may cause or transmit disease.</Text>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>In this section and sections 62E and 62F premises includes any land, building or other place.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group>
<Title> Tests and samples: warrants</Title>
<P1>
<Pnumber PuncAfter="">62E</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>If a justice of the peace is satisfied on sworn information in writing that the first condition is satisfied and that the second or third condition is satisfied he may issue a warrant authorising a veterinary inspector to enter any premises, if necessary using reasonable force, for the purpose mentioned in section 62D.</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>The information must include—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>a statement as to whether any representations have been made by the occupier of the land or premises to an inspector concerning the purpose for which the warrant is sought;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>a summary of any such representations.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>The first condition is that there are reasonable grounds for a veterinary inspector to enter the premises for that purpose.</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>The second condition is that each of the following applies to the occupier of the premises—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>he has been informed of the decision to seek entry to the premises and of the reasons for that decision;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>he has failed to allow entry to the premises on being requested to do so by an inspector;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>he has been informed of the decision to apply for the warrant.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>The third condition is that—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>the premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>an application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>6</Pnumber>
<P2para>
<Text>A warrant issued under this section remains in force for one month starting with the date of its approval by the justice of the peace, which date shall be clearly visible on the warrant.</Text>
</P2para>
</P2>
<P2>
<Pnumber>7</Pnumber>
<P2para>
<Text>A warrant issued under this section must be executed only at a reasonable hour unless the inspector thinks that the case is one of urgency.</Text>
</P2para>
</P2>
<P2>
<Pnumber>8</Pnumber>
<P2para>
<Text>In relation to any premises to which entry is obtained by virtue of a warrant under this section the Secretary of State must retain for a period of not less than 12 months beginning with the day after entry—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>a copy of the warrant;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>a copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the inspector and any other person entering the premises with him.</Text>
</P3para>
</P3>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group>
<Title> Tests and samples: supplementary</Title>
<P1>
<Pnumber PuncAfter="">62F</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>This section applies to a veterinary inspector who enters any premises by virtue of section 62D or under a warrant issued under section 62E.</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>The inspector may take with him—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>such other persons as he thinks necessary to give him such assistance as he thinks necessary;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>such equipment as he thinks necessary.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>The inspector may take such samples (including samples from any animal on the premises) and carry out such tests as he thinks are necessary for the purpose mentioned in section 62D(1).</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>The inspector may require any person on the premises who falls within subsection (5) to give him such assistance as he may reasonably require for the purpose mentioned in section 62D(1).</Text>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>The following persons fall within this subsection—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>the occupier of the premises;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>a person appearing to the inspector to have charge of animals on the premises;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>a person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b).</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>6</Pnumber>
<P2para>
<Text>If the inspector enters any unoccupied premises he must leave them as effectively secured against entry as he found them.</Text>
</P2para>
</P2>
<P2>
<Pnumber>7</Pnumber>
<P2para>
<Text>If the inspector enters any premises by virtue of a warrant issued under section 62E he must at the time of entry—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>serve a copy of the warrant on the occupier of the premises, or (if the occupier is not on the premises)</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>leave a copy of the warrant in a conspicuous place on the premises.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>8</Pnumber>
<P2para>
<Text>A person commits an offence if—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>he is required to give assistance under subsection (4), and</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>he fails to give it.</Text>
</P3para>
</P3>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</BlockAmendment>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2003-01-14">
<Title> Inspection of vehicles</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/10/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/10" id="section-10">
<Pnumber PuncAfter="">10</Pnumber>
<P1para>
<Text>In the 1981 Act the following section is inserted after section 65—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P1group>
<Title> Inspection of vehicles</Title>
<P1>
<Pnumber PuncAfter="">65A</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>If each of the conditions in subsection (2) is satisfied, an inspector may stop, detain and inspect any vehicle to ascertain whether the provisions of any of the following are being complied with—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>this Act;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>an order made under this Act;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>a regulation of a local authority made in pursuance of such an order.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>The conditions are—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>that the vehicle is in a designated area in a designated period;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>that the inspector is accompanied by a constable in uniform.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>
In subsection (2) “
<Term>designated</Term>
” means designated by an order made by the Secretary of State.
</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>A vehicle includes—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>a trailer, semi-trailer or other thing which is designed or adapted to be towed by another vehicle;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>anything on a vehicle;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>a detachable part of a vehicle;</Text>
</P3para>
</P3>
<P3>
<Pnumber>d</Pnumber>
<P3para>
<Text>a container or other structure designed or adapted to be carried by or on a vehicle.</Text>
</P3para>
</P3>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</BlockAmendment>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2003-01-14">
<Title> Obstruction</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/11/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/11" id="section-11">
<Pnumber PuncAfter="">11</Pnumber>
<P1para>
<Text>In section 60(5) of the 1981 Act (power to apprehend without warrant if officer is obstructed)—</Text>
<P3 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/11/a/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/11/a" id="section-11-a">
<Pnumber>a</Pnumber>
<P3para>
<Text>
for “officer other than a constable” substitute
<InlineAmendment>“ inspector ”</InlineAmendment>
;
</Text>
</P3para>
</P3>
<P3 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/11/b/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/11/b" id="section-11-b">
<Pnumber>b</Pnumber>
<P3para>
<Text>
for “officer” (in the second place where the word occurs) substitute
<InlineAmendment>“ inspector or a constable ”</InlineAmendment>
.
</Text>
</P3para>
</P3>
</P1para>
</P1>
</P1group>
</Pblock>
<Pblock DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/part/3/crossheading/offences/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/part/3/crossheading/offences" NumberOfProvisions="7" RestrictStartDate="2003-01-14" id="part-3-crossheading-offences">
<Title>Offences</Title>
<P1group RestrictStartDate="2003-01-14">
<Title> Deliberate infection of animals</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/12/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/12" id="section-12">
<Pnumber PuncAfter="">12</Pnumber>
<P1para>
<P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/12/1/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/12/1" id="section-12-1">
<Pnumber>1</Pnumber>
<P2para>
<Text>In the 1981 Act the following sections are inserted after section 28—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P1group>
<Title> Deliberate infection</Title>
<P1>
<Pnumber PuncAfter="">28A</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>A person commits an offence if without lawful authority or excuse (proof of which shall lie on him) he knowingly does anything which causes or is intended to cause an animal to be infected with a disease specified in Schedule 2A.</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>A person guilty of an offence under subsection (1) is liable—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>The Secretary of State may by order amend Schedule 2A.</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group>
<Title> Deliberate infection: disqualification</Title>
<P1>
<Pnumber PuncAfter="">28B</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>If a person is convicted of an offence under section 28A the court may by order disqualify him, for such period as it thinks fit, from keeping or dealing in—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>any animals, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>any animals of a specified kind.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>The court may suspend the operation of the order—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>for such period as it thinks necessary to enable arrangements to be made for the keeping of any animals to which the disqualification relates;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>pending an appeal.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>A person who is disqualified under subsection (1) may from time to time apply to the court which imposed the disqualification to remove it or vary it.</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>On an application under subsection (3) the court may by order—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>refuse the application,</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>remove the disqualification, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>vary the disqualification to apply it only to such animals or kind of animals as it specifies.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>In considering an application under subsection (3) the court may have regard to—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>the nature of the offence in respect of which the disqualification was imposed;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>the character of the applicant;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>his conduct since the disqualification was imposed.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>6</Pnumber>
<P2para>
<Text>The first application under subsection (3) must not be made before the end of the period of one year starting with the date the disqualification starts.</Text>
</P2para>
</P2>
<P2>
<Pnumber>7</Pnumber>
<P2para>
<Text>A further application must not be made before the end of the period of one year starting with the date of the court’s last order.</Text>
</P2para>
</P2>
<P2>
<Pnumber>8</Pnumber>
<P2para>
<Text>For the purposes of this section keeping or dealing in an animal includes—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>having custody or control of an animal;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>being concerned in the management or control of a body (whether or not incorporated) whose activities include keeping or dealing in animals.</Text>
</P3para>
</P3>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</BlockAmendment>
</P2para>
</P2>
<P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/12/2/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/12/2" id="section-12-2">
<Pnumber>2</Pnumber>
<P2para>
<Text>In that Act the following Schedule is inserted after Schedule 2—</Text>
<BlockAmendment TargetClass="unknown" TargetSubClass="unknown" Context="main" Format="default">
<Schedule>
<Number>SCHEDULE 2A</Number>
<TitleBlock>
<Title>Specified diseases</Title>
</TitleBlock>
<ScheduleBody>
<P1group>
<Title/>
<P>
<UnorderedList Decoration="none">
<ListItem>
<Para>
<Text>Foot-and-mouth disease</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>Swine vesicular disease</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>Peste des petits ruminants</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>Lumpy skin disease</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>Bluetongue</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>African horse sickness</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>Classical swine fever</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>Newcastle disease</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>Vesicular stomatitis</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>Rinderpest</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>Contagious bovine pleuropneumonia</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>Rift Valley fever</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>Sheep pox and goat pox</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>African swine fever</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>Highly pathogenic avian influenza.</Text>
</Para>
</ListItem>
</UnorderedList>
</P>
</P1group>
</ScheduleBody>
</Schedule>
</BlockAmendment>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2003-01-14">
<Title> Penalties for certain summary offences</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/13/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/13" id="section-13">
<Pnumber PuncAfter="">13</Pnumber>
<P1para>
<Text>In the 1981 Act the following section is substituted for section 75—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P1group>
<Title> Penalties for certain summary offences</Title>
<P1>
<Pnumber PuncAfter="">75</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>This section applies to any offence under this Act for which no penalty is specified.</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>A person guilty of an offence to which this section applies is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</BlockAmendment>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2003-01-14">
<Title> Prosecutions: time limit</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/14/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/14" id="section-14">
<Pnumber PuncAfter="">14</Pnumber>
<P1para>
<Text>In the 1981 Act the following section is inserted before section 72—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P1group>
<Title> Prosecutions: time limit</Title>
<P1>
<Pnumber PuncAfter="">71A</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>Despite anything in section 127(1) of the Magistrates’ Courts Act 1980 an information relating to an offence under this Act which is triable by a magistrates’ court in England and Wales may be so tried if it is laid at any time—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>within the period of three years starting with the date of the commission of the offence, and</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>within the period of six months starting with the day on which evidence which the prosecutor thinks is sufficient to justify the proceedings comes to his knowledge.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>A certificate by the prosecutor as to the date on which such evidence came to his knowledge is conclusive evidence of that fact.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</BlockAmendment>
</P1para>
</P1>
</P1group>
</Pblock>
</Part>
<Part DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/part/4/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/part/4" NumberOfProvisions="13" RestrictExtent="E+W" RestrictStartDate="2003-01-14" RestrictEndDate="2003-03-24" id="part-4">
<Number>
<Strong>Part 4</Strong>
</Number>
<Title>General</Title>
<P1group RestrictStartDate="2003-01-14">
<Title> Duty to consider vaccination</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/15/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/15" id="section-15">
<Pnumber PuncAfter="">15</Pnumber>
<P1para>
<Text>In the 1981 Act the following section is inserted after section 14A (as inserted by section 18) of this Act—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P1group>
<Title> Duty to consider vaccination</Title>
<P1>
<Pnumber PuncAfter="">14B</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>In relation to any occurrence of foot-and-mouth disease the Secretary of State must consider what is the most appropriate means of preventing the spread of the disease.</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>In particular he must consider whether in relation to the occurrence treating animals with serum or vaccine is more appropriate than any other means of preventing the spread of the disease.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</BlockAmendment>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2003-07-01" Match="false">
<Title> Biosecurity guidance</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/16/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/16" id="section-16">
<Pnumber PuncAfter="">16</Pnumber>
<P1para>
<Text>In the 1981 Act the following sections are inserted after section 6 (eradication areas and attested areas)—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P1group>
<Title> Biosecurity guidance</Title>
<P1>
<Pnumber PuncAfter="">6A</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>The Secretary of State must prepare guidance on the appropriate biosecurity measures to be taken in relation to—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>foot-and-mouth disease;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>such other disease as the Secretary of State by order specifies.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>After preparing a draft of the guidance the Secretary of State—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>must send a copy of the draft to such persons and organisations as he thinks are representative of those having an interest in biosecurity measures;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>must consider any representations made to him about the draft by such persons and organisations;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>may amend the draft accordingly.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>After the Secretary of State has proceeded under subsection (2) he must publish the guidance in such manner as he thinks appropriate.</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>The Secretary of State must from time to time review the guidance and if he thinks it appropriate revise the guidance.</Text>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>Subsections (1) to (3) apply to a revision of the guidance as they apply to its preparation.</Text>
</P2para>
</P2>
<P2>
<Pnumber>6</Pnumber>
<P2para>
<Text>But if the Secretary of State thinks that it is necessary to revise the guidance urgently he may publish revised guidance without proceeding under subsection (2).</Text>
</P2para>
</P2>
<P2>
<Pnumber>7</Pnumber>
<P2para>
<Text>Biosecurity measures are measures taken to prevent the spread of causative agents of disease.</Text>
</P2para>
</P2>
<P2>
<Pnumber>8</Pnumber>
<P2para>
<Text>Causative agent includes any virus, bacterium and any other organism or infectious substance which may cause or transmit disease.</Text>
</P2para>
</P2>
<P2>
<Pnumber>9</Pnumber>
<P2para>
<Text>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.</Text>
</P2para>
</P2>
<P2>
<Pnumber>10</Pnumber>
<P2para>
<Text>It is immaterial that anything done for the purposes of subsections (1) to (3) is done before the passing of the Animal Health Act 2002.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group>
<Title> Biosecurity compliance</Title>
<P1>
<Pnumber PuncAfter="">6B</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>A person having a function under this Act relating to foot-and -mouth disease or a disease specified by order under section 6A(1) must not exercise the function unless the guidance under section 6A has been published and has not been withdrawn.</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>Any act which is done in contravention of subsection (1) is done without lawful authority.</Text>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>If a person to whom subsection (5) applies fails to comply with the guidance he is not by reason only of that failure liable in any civil or criminal proceedings.</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>But the guidance 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.</Text>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>This subsection applies to—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>any person having functions under this Act;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>any person who is the owner or occupier of premises on which animals are kept;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>any person who has charge of animals;</Text>
</P3para>
</P3>
<P3>
<Pnumber>d</Pnumber>
<P3para>
<Text>any person who is under the direction of a person mentioned in paragraphs (a) to (c).</Text>
</P3para>
</P3>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</BlockAmendment>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2003-01-14">
<Title> Annual review of import controls</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/17/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/17" id="section-17">
<Pnumber PuncAfter="">17</Pnumber>
<P1para>
<Text>In the 1981 Act the following section is inserted after section 10—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P1group>
<Title> Annual review of import controls</Title>
<P1>
<Pnumber PuncAfter="">10A</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>The Ministers shall prepare a report during each financial year which will—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>review all activities of government departments, the Food Standards Agency, local authorities, customs, police authorities 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;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>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;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>assess the making of any orders under section 10 of this Act;</Text>
</P3para>
</P3>
<P3>
<Pnumber>d</Pnumber>
<P3para>
<Text>assess the effectiveness of any action taken under an order made under section 10 of this Act; and</Text>
</P3para>
</P3>
<P3>
<Pnumber>e</Pnumber>
<P3para>
<Text>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.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>The Ministers shall lay their report before Parliament and the National Assembly for Wales at the end of each financial year.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</BlockAmendment>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2003-03-24" Match="false">
<Title> National contingency plan</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/18/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/18" id="section-18">
<Pnumber PuncAfter="">18</Pnumber>
<P1para>
<Text>Before section 15 of the 1981 Act (requirements on certain persons relating to animals affected with disease) there is inserted the following section—</Text>
<BlockAmendment TargetClass="primary" TargetSubClass="unknown" Context="main" Format="default">
<P1group>
<Title> National contingency plan</Title>
<P1>
<Pnumber PuncAfter="">14A</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>The appropriate authority must prepare a document (the national contingency plan) indicating the arrangements the authority intends to put in place for the purpose of dealing with any occurrence of—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>foot-and-mouth disease;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>such other disease as the authority by order specifies.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>After preparing a draft of the national contingency plan the appropriate authority—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>must send a copy of the draft to such persons and organisations as the authority thinks are representative of those having an interest in the arrangements;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>must consider any representations made to the authority about the draft by such persons and organisations;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>may amend the draft accordingly.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>After the appropriate authority has proceeded under subsection (2) the authority must—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>lay the plan before Parliament (unless subsection (9) applies);</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>publish it in such manner as the authority thinks likely to bring it to the attention of persons who may be affected by the arrangements.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>The appropriate authority must from time to time (but not less frequently than at intervals of one year) review the plan and if the authority thinks it appropriate revise the plan.</Text>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>Subsections (2) and (3) apply to a revision of the plan as they apply to its preparation.</Text>
</P2para>
</P2>
<P2>
<Pnumber>6</Pnumber>
<P2para>
<Text>The power to make an order must be exercised by statutory instrument.</Text>
</P2para>
</P2>
<P2>
<Pnumber>7</Pnumber>
<P2para>
<Text>The instrument is subject to annulment in pursuance of a resolution of either House of Parliament (unless subsection (9) applies).</Text>
</P2para>
</P2>
<P2>
<Pnumber>8</Pnumber>
<P2para>
<Text>The appropriate authority is—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>the Secretary of State in relation to England;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>the Secretary of State and the National Assembly for Wales acting jointly in relation to Wales (except for the purposes of subsection (1)(b));</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>the National Assembly for Wales in relation to Wales for the purposes of subsection (1)(b).</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>9</Pnumber>
<P2para>
<Text>This subsection applies to a plan prepared in relation to Wales.</Text>
</P2para>
</P2>
<P2>
<Pnumber>10</Pnumber>
<P2para>
<Text>It is immaterial that anything done for the purposes of subsections (1) to (3) (except the making of an order under subsection (1)(b)) is done before the passing of the Animal Health Act 2002.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</BlockAmendment>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2002-11-07" ConfersPower="true">
<Title> Commencement</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/19/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/19" id="section-19">
<Pnumber PuncAfter="">
<CommentaryRef Ref="c887472"/>
19
</Pnumber>
<P1para>
<P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/19/1/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/19/1" id="section-19-1">
<Pnumber>1</Pnumber>
<P2para>
<Text>The preceding provisions of this Act come into force in accordance with provision made by the Secretary of State by order made by statutory instrument.</Text>
</P2para>
</P2>
<P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/19/2/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/19/2" id="section-19-2">
<Pnumber>2</Pnumber>
<P2para>
<Text>An order under this section may make different provision for different purposes.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2002-11-07">
<Title> Finance</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/20/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/20" id="section-20">
<Pnumber PuncAfter="">20</Pnumber>
<P1para>
<Text>Any expenditure incurred by a Minister of the Crown in consequence of this Act is to be paid out of money provided by Parliament.</Text>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2002-11-07">
<Title> Extent</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/21/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/21" id="section-21">
<Pnumber PuncAfter="">21</Pnumber>
<P1para>
<Text>This Act extends only to England and Wales.</Text>
</P1para>
</P1>
</P1group>
<P1group RestrictStartDate="2002-11-07">
<Title> Short title</Title>
<P1 DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/section/22/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/22" id="section-22">
<Pnumber PuncAfter="">22</Pnumber>
<P1para>
<Text>This Act may be cited as the Animal Health Act 2002.</Text>
</P1para>
</P1>
</P1group>
</Part>
</Body>
<Schedules RestrictStartDate="2003-01-14" RestrictEndDate="2015-05-26">
<Schedule DocumentURI="http://www.legislation.gov.uk/ukpga/2002/42/schedule/2003-01-14" IdURI="http://www.legislation.gov.uk/id/ukpga/2002/42/schedule" NumberOfProvisions="13" RestrictStartDate="2003-01-14" id="schedule" RestrictEndDate="2015-05-26">
<Number>SCHEDULE</Number>
<TitleBlock>
<Title>Scrapie</Title>
</TitleBlock>
<Reference>Section 6</Reference>
<ScheduleBody>
<P>
<Text>In the Animal Health Act 1981 (c. 22) the following Part is inserted after Part 2—</Text>
<BlockAmendment TargetClass="unknown" TargetSubClass="unknown" Context="unknown" Format="default">
<Part>
<Number>
<Strong>Part 2A</Strong>
</Number>
<P>
<Text>
<SmallCaps>Scrapie</SmallCaps>
</Text>
</P>
<Pblock>
<Title/>
<P>
<Text>
<Emphasis>Sheep genotypes</Emphasis>
</Text>
</P>
<P1group>
<Title> Power of Secretary of State to specify sheep genotypes</Title>
<P1>
<Pnumber PuncAfter="">36A</Pnumber>
<P1para>
<Text>The Secretary of State may by order specify sheep genotypes which, in his opinion, are more susceptible than other sheep genotypes—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>to infection by transmissible spongiform encephalopathies generally, or by a particular form of transmissible spongiform encephalopathy, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>to becoming carriers.</Text>
</P3para>
</P3>
</P1para>
</P1>
</P1group>
</Pblock>
<Pblock>
<Title/>
<P>
<Text>
<Emphasis>Genetically susceptible sheep</Emphasis>
</Text>
</P>
<P1group>
<Title> Identification of genetically susceptible sheep</Title>
<P1>
<Pnumber PuncAfter="">36B</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>The Secretary of State may by regulations make provision requiring the keeper of any sheep—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>to allow an inspector to take a sample from it, for the purpose of establishing its genotype;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>to allow an inspector to administer or otherwise attach to it an electronic identification device;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>where the genotype of the sheep has been established (whether or not as a result of the exercise of powers conferred by this Part) to keep a record of its genotype.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>The regulations may, in particular—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>provide that only electronic identification devices of a prescribed kind may be administered or attached;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>make provision as to the assistance which an inspector may require the keeper to give to him;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>make provision with respect to the testing of samples;</Text>
</P3para>
</P3>
<P3>
<Pnumber>d</Pnumber>
<P3para>
<Text>require the issuing and keeping of certificates recording the genotypes of sheep.</Text>
</P3para>
</P3>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group>
<Title> Restrictions on breeding from genetically susceptible sheep</Title>
<P1>
<Pnumber PuncAfter="">36C</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>This section applies where it appears to the Secretary of State that a sheep is of a genotype specified in an order under section 36A.</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>The Secretary of State must consider whether there are exceptional circumstances that justify allowing the sheep to be used for breeding.</Text>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>
If it appears to the Secretary of State that allowing the sheep to be used for breeding would not be justified, he must give notice to its keeper (“
<Term>a restriction notice</Term>
”) that the restrictions and requirements imposed by subsections (7) to (9) apply in relation to the sheep.
</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>A restriction notice—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>may be made so as to apply to more than one sheep, and</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>may describe the sheep to which it applies in such a way as the Secretary of State considers appropriate.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>If the keeper of a sheep is not the same person as its owner, the Secretary of State may give a separate restriction notice to the owner.</Text>
</P2para>
</P2>
<P2>
<Pnumber>6</Pnumber>
<P2para>
<Text>Subsections (7) to (9) apply to a person to whom a restriction notice is given.</Text>
</P2para>
</P2>
<P2>
<Pnumber>7</Pnumber>
<P2para>
<Text>He must not—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>use a sheep to which the notice applies, or its semen, eggs or embryos, for purposes of or connected with breeding, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>cause or permit such a sheep or such semen, eggs or embryos to be used by another person for those purposes.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>8</Pnumber>
<P2para>
<Text>He must arrange for any semen, egg or embryo which has at any time been taken from a sheep to which the notice applies, and which is in his possession or under his control, to be destroyed.</Text>
</P2para>
</P2>
<P2>
<Pnumber>9</Pnumber>
<P2para>
<Text>He must arrange for each sheep to which the notice applies—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>to be castrated or (as appropriate) sterilised before the end of the period of one month beginning with the date on which the notice was given, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>to be slaughtered before the end of the period of seven months beginning with that date.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>10</Pnumber>
<P2para>
<Text>For the purposes of subsection (2) exceptional circumstances include circumstances in which the imposition in relation to the sheep of the restrictions and requirements of subsections (7) to (9) is likely to cause the extinction of the breed of which the sheep is a member.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group>
<Title> Appeals</Title>
<P1>
<Pnumber PuncAfter="">36D</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>
A person to whom a restriction notice has been given may appeal against the notice to a person appointed by the Secretary of State for the purpose of dealing with appeals under this Part (“
<Term>an assessor</Term>
”).
</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>An appeal may not be brought after the end of the period of 21 days beginning with the date on which the notice concerned was given to the appellant.</Text>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>But the Secretary of State may, in a particular case, extend the period of 21 days if he considers that there are exceptional circumstances justifying the extension.</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>If the restriction notice applies to more than one sheep, the appeal may be limited to the sheep specified by the appellant.</Text>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>If the assessor allows the appeal, in whole or in part, he may—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>revoke the notice,</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>revoke the notice so far as it applies to one or more sheep specified by him, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>direct that a further test is carried out in relation to sheep specified by him.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>6</Pnumber>
<P2para>
<Text>A direction under subsection (5)(c) may require—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>a further sample to be taken,</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>the further test to be carried out by a different testing laboratory.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>7</Pnumber>
<P2para>
<Text>The Secretary of State may make regulations supplementing the provisions of this section.</Text>
</P2para>
</P2>
<P2>
<Pnumber>8</Pnumber>
<P2para>
<Text>The regulations may, in particular, make provision—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>as to the procedure to be followed on an appeal,</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>extending the period mentioned in section 36C(9)(a) where an appeal is brought against a restriction notice,</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>requiring the appellant to meet the reasonable costs of, and in connection with, the taking of a further sample or the carrying out of a further test as a result of a direction under subsection (5)(c), and</Text>
</P3para>
</P3>
<P3>
<Pnumber>d</Pnumber>
<P3para>
<Text>as to the recovery of any such costs.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>9</Pnumber>
<P2para>
<Text>The revocation of a restriction notice (in whole or in part) by an assessor does not prevent the issue of another restriction notice, following the testing of a further sample.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</Pblock>
<Pblock>
<Title/>
<P>
<Text>
<Emphasis>Enforcement</Emphasis>
</Text>
</P>
<P1group>
<Title> Secretary of State’s powers of enforcement</Title>
<P1>
<Pnumber PuncAfter="">36E</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>This section applies if the Secretary of State is satisfied that a person to whom a restriction notice has been given has failed to comply with one or more of the restrictions or requirements imposed on him by section 36C.</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>But it does not apply in relation to any sheep—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>which is the subject of an appeal under section 36D which has not been disposed of, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>which, as the result of a successful appeal, is no longer subject to the restriction notice.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>The Secretary of State may take such reasonable steps as he considers appropriate to secure that the failure is remedied.</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>In particular, the Secretary of State may cause to be castrated (or as appropriate sterilised) or slaughtered any sheep—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>which is the subject of the notice, but</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>which has neither been castrated (or as appropriate sterilised) nor slaughtered within the period mentioned in section 36C(9)(b).</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>The Secretary of State may make regulations supplementing the provisions of this section.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group>
<Title> Offences</Title>
<P1>
<Pnumber PuncAfter="">36F</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>A person to whom a restriction notice is given commits an offence (whether or not the notice is the subject of an appeal) if—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>he sells (or otherwise transfers to another person) a sheep to which the notice applies, or any of its semen, eggs or embryos;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>he fails, without reasonable excuse (proof of which lies on him) to comply with any of the restrictions or requirements imposed by subsections (7) to (9) of section 36C.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>Any other person commits an offence if he uses any semen, egg or embryo which he knows, or has reasonable cause to believe, has been taken from a sheep which is the subject of a restriction notice.</Text>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>A person commits an offence if, without reasonable excuse (proof of which lies on him), he fails to comply with any provision of regulations made under section 36B.</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>A person commits an offence if he obstructs an inspector or any other person discharging, or attempting to discharge, functions conferred by or under this Part.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</Pblock>
<Pblock>
<Title/>
<P>
<Text>
<Emphasis>Power of entry</Emphasis>
</Text>
</P>
<P1group>
<Title> Power of entry</Title>
<P1>
<Pnumber PuncAfter="">36G</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>An inspector or a constable may at all reasonable times enter any premises for the purpose of—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>carrying out any function he has under or in pursuance of this Part, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>ascertaining whether any such function should be exercised.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>Subsection (1) does not apply to premises used only as a private dwelling-house unless 24 hours’ notice of the intended entry is given to the occupier.</Text>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>A person acting under subsection (1) must, if required, show evidence of his authority to act under that subsection.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group>
<Title> Warrants</Title>
<P1>
<Pnumber PuncAfter="">36H</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>If a justice of the peace is satisfied on sworn information in writing that the first condition is satisfied and that the second or third condition is satisfied he may issue a warrant authorising a person mentioned in section 36G(1) to enter premises, if necessary using reasonable force, for the purpose there mentioned.</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>The information must include—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>a statement as to whether any representations have been made by the occupier of the land or premises to an inspector concerning the purpose for which the warrant is sought;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>a summary of any such representations.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>The first condition is that there are reasonable grounds for a person mentioned in section 36G(1) to enter premises for the purpose there mentioned.</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>The second condition is that each of the following applies to the occupier of the premises—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>he has been informed of the decision to seek entry to the premises and of the reasons for that decision;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>he has failed to allow entry to the premises on being requested to do so by a person mentioned in section 36G(1);</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>he has been informed of the decision to apply for the warrant.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>The third condition is that—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>the premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>an application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>6</Pnumber>
<P2para>
<Text>A warrant issued under this section remains in force for one month starting with the date of its approval by the justice of the peace, which date shall be clearly visible on the warrant.</Text>
</P2para>
</P2>
<P2>
<Pnumber>7</Pnumber>
<P2para>
<Text>A warrant issued under this section must be executed only at a reasonable hour unless the person authorised by the warrant to enter the premises thinks that the case is one of urgency.</Text>
</P2para>
</P2>
<P2>
<Pnumber>8</Pnumber>
<P2para>
<Text>In relation to any premises to which entry is obtained by virtue of a warrant under this section the Secretary of State must retain for a period of not less than 12 months beginning with the day after entry—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>a copy of the warrant;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>a copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the person authorised by the warrant to enter the premises and any other person entering the premises with him.</Text>
</P3para>
</P3>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group>
<Title> Supplementary</Title>
<P1>
<Pnumber PuncAfter="">36I</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>This section applies to a person who enters premises by virtue of section 36G(1) or under a warrant issued under section 36H (an authorised person).</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>An authorised person may take with him—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>such other persons as he thinks necessary to give him such assistance as he thinks necessary;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>such equipment as he thinks necessary.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>3</Pnumber>
<P2para>
<Text>An authorised person may require any person on the premises who falls within subsection (4) to give him such assistance as he may reasonably require for the purpose mentioned in section 36G(1).</Text>
</P2para>
</P2>
<P2>
<Pnumber>4</Pnumber>
<P2para>
<Text>The following persons fall within this subsection—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>the occupier of the premises;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>a person appearing to the inspector to have charge of animals on the premises;</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>a person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b).</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>5</Pnumber>
<P2para>
<Text>An authorised person may—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>inspect any records (in whatever form they are held) relating to the keeping, acquisition or disposal of animals;</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>seize and detain any records which he reasonably thinks may be needed as evidence in any proceedings under or by virtue of this Act.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>6</Pnumber>
<P2para>
<Text>If an authorised person enters any unoccupied premises he must leave them as effectively secured against entry as he found them.</Text>
</P2para>
</P2>
<P2>
<Pnumber>7</Pnumber>
<P2para>
<Text>If an authorised person enters any premises by virtue of a warrant issued under section 36H he must at the time of entry—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>serve a copy of the warrant on the occupier of the premises, or (if the occupier is not on the premises)</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>leave a copy of the warrant in a conspicuous place on the premises.</Text>
</P3para>
</P3>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group>
<Title> Offences</Title>
<P1>
<Pnumber PuncAfter="">36J</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>A person commits an offence if without lawful authority or excuse (proof of which shall lie on him) he—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>refuses admission to any premises to a person acting under section 36G above,</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>obstructs or impedes him in so acting, or</Text>
</P3para>
</P3>
<P3>
<Pnumber>c</Pnumber>
<P3para>
<Text>assists in any such obstruction or impeding.</Text>
</P3para>
</P3>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>A person commits an offence if—</Text>
<P3>
<Pnumber>a</Pnumber>
<P3para>
<Text>he is required to give assistance under section 36I(3), and</Text>
</P3para>
</P3>
<P3>
<Pnumber>b</Pnumber>
<P3para>
<Text>he fails to give it.</Text>
</P3para>
</P3>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
</Pblock>
<Pblock>
<Title/>
<P>
<Text>
<Emphasis>General</Emphasis>
</Text>
</P>
<P1group>
<Title> Compensation</Title>
<P1>
<Pnumber PuncAfter="">36K</Pnumber>
<P1para>
<Text>The Secretary of State may make regulations providing for the payment by him of compensation in respect of loss suffered or costs incurred as a result of the exercise of a power conferred by or under this Part.</Text>
</P1para>
</P1>
</P1group>
<P1group>
<Title> Orders and Regulations</Title>
<P1>
<Pnumber PuncAfter="">36L</Pnumber>
<P1para>
<P2>
<Pnumber>1</Pnumber>
<P2para>
<Text>A power to make an order or regulations under this Part is exercisable by statutory instrument.</Text>
</P2para>
</P2>
<P2>
<Pnumber>2</Pnumber>
<P2para>
<Text>Such a statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament.</Text>
</P2para>
</P2>
</P1para>
</P1>
</P1group>
<P1group>
<Title> Interpretation</Title>
<P1>
<Pnumber PuncAfter="">36M</Pnumber>
<P1para>
<Text>In this Part—</Text>
<UnorderedList Decoration="none" Class="Definition">
<ListItem>
<Para>
<Text>
<Term>keeper</Term>
”, in relation to a sheep, includes an owner of the sheep;
</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>
<Term>premises</Term>
” includes any land, building or other place;
</Text>
</Para>
</ListItem>
<ListItem>
<Para>
<Text>
<Term>restriction notice</Term>
” means a notice given under section 36C.
</Text>
</Para>
</ListItem>
</UnorderedList>
</P1para>
</P1>
</P1group>
</Pblock>
</Part>
</BlockAmendment>
</P>
</ScheduleBody>
</Schedule>
</Schedules>
</Primary>
<Commentaries>
<Commentary id="c887472" Type="P">
<Para>
<Text>
<CitationSubRef id="c00001" URI="http://www.legislation.gov.uk/id/ukpga/2002/42/section/19/1" SectionRef="section-19-1">S. 19(1)</CitationSubRef>
power fully exercised: different dates appointed for specified provisions by
<Citation URI="http://www.legislation.gov.uk/id/uksi/2002/3044" id="c00002" Class="UnitedKingdomStatutoryInstrument" Year="2002" Number="3044">S.I. 2002/3044</Citation>
,
<CitationSubRef id="c00003" URI="http://www.legislation.gov.uk/id/uksi/2002/3044/article/2" Operative="true" CitationRef="c00002" SectionRef="article-2">art. 2</CitationSubRef>
</Text>
</Para>
</Commentary>
</Commentaries>
</Legislation>