The Diseases of Animals (Northern Ireland) Order 1981

SCHEDULES

Article 2(2), (3), 10(7); Schedule 3 paragraph 7.

SCHEDULE 1 N.I. DEFINITIONS

F1 PART I N.I. ANIMALS

F1 mod. by SR 1998/366; 1999/433, 434; 2000/293; 2001/286;

Modifications etc. (not altering text)

C1 Sch. 1 Pt. I applied (with modifications) (30.8.2008) by Specified Animal Pathogens Order (Northern Ireland) 2008 (S.R. 2008/336), art. 3(a)

1.  All species of the following orders of mammals except Homo sapiens (man)— N.I.

1.  Chiroptera. N.I.

2.  Carnivora. N.I.

3.  Dermoptera. N.I.

4.  Edentata. N.I.

5.  Hyracoidea. N.I.

6.  Insectivora. N.I.

7.  Lagomorpha. N.I.

8.  Marsupialia. N.I.

9.  Primates. N.I.

10.  Rodentia. N.I.

11.  Artiodactyla. N.I.

12.  Monotremata. N.I.

13.  Perissodactyla. N.I.

14.  Pholidota. N.I.

15.  Proboscidea. N.I.

16.  Tubulidentata. N.I.

F2 PART II N.I. POULTRY

F2 mod. by SR 1998/366; 1999/433, 434; 2000/293; 2001/286;

Modifications etc. (not altering text)

C2 Sch. 1 Pt. II applied (with modifications) (30.8.2008) by Specified Animal Pathogens Order (Northern Ireland) 2008 (S.R. 2008/336), art. 3(b)

Birds belonging to the following orders—

1.  Anseriformes (including swans, geese and ducks). N.I.

2.  Apodiformes (including swifts and humming birds). N.I.

3.  Apterygiformes (kiwis). N.I.

4.  Caprimulgiformes (including nightjars). N.I.

5.  Casuariiformes (including emus and cassowaries). N.I.

6.  Charadriiformes (including waders, gulls and snipes). N.I.

7.  Ciconiiformes (including storks and flamingoes). N.I.

8.  Coliiformes (mousebirds). N.I.

9.  Columbiformes (including pigeons and doves). N.I.

10.  Coraciiformes (including kingfishers and hornbills). N.I.

11.  Cuculiformes (including cuckoos). N.I.

12.  Falconiformes (including hawks and eagles). N.I.

13.  Galliformes (including fowls, turkeys, pheasants, partridges and quails). N.I.

14.  Gaviiformes (divers). N.I.

15.  Gruiformes (including cranes). N.I.

16.  Passeriformes (including sparrows, finches and myna birds). N.I.

17.  Pelecaniformes (including pelicans). N.I.

18.  Piciformes (including toucans and woodpeckers). N.I.

19.  Podicipitiformes (grebes). N.I.

20.  Procellariiformes (including petrels and albatrosses). N.I.

21.  Psittaciformes (including parrots, budgerigars, love-birds, macaws and cockatoos). N.I.

22.  Rheiformes (rheas). N.I.

23.  Strigiformes (owls). N.I.

24.  Struthioniformes (ostriches). N.I.

25.  Sphenisciformes (penguins). N.I.

26.  Tinamiformes (tinamous). N.I.

27.  Trogoniformes (trogons). N.I.

F3 PART III N.I. DISEASES OF ANIMALS

F3 mod. by SR 1999/433, 434; 2000/293;2001/286;

Modifications etc. (not altering text)

C3 Sch. 1 Pt. III applied (with modifications) (30.8.2008) by Specified Animal Pathogens Order (Northern Ireland) 2008 (S.R. 2008/336), art. 3(c)

1.  Rinderpest (otherwise known as cattle plague). N.I.

2.  Contagious pleuro-pneumonia (otherwise known as pleuro-pneumonia). N.I.

3.  Foot-and-mouth disease. N.I.

4.  Bovine tuberculosis. N.I.

5.  Anthrax. N.I.

6.  Warble fly infestation. N.I.

7.  Brucellosis. N.I.

8.  Bovine leucosis. N.I.

9.  Johne's disease. N.I.

10.  Lumpy skin disease. N.I.

11.  Blue tongue. N.I.

12.  Infectious bovine rhinotracheitis. N.I.

13.  Sheep pox. N.I.

14.  Sheep scab. N.I.

15.  Teschen disease. N.I.

16.  Swine fever. N.I.

17.  African swine fever. N.I.

18.  Atrophic rhinitis. N.I.

19.  Swine vesicular disease. N.I.

20.  Vesicular exanthema. N.I.

21.  African horse sickness. N.I.

22.  Infectious equine anaemia. N.I.

23.  Dourine. N.I.

24.  Equine encephalomyelitis. N.I.

25.  Glanders. N.I.

26.  Transmissible gastro-enteritis. N.I.

27.  Rabies. N.I.

28.  Influenza A infection. N.I.

29.  Trichinosis. N.I.

Entry rep. by SR 1985/64

31.  Epizootic lymphangitis. N.I.

32.  Aujeszky's disease. N.I.

33.  Visna-Maedi complex. N.I.

34.  Jaagsiekte complex. N.I.

[F4 35.   Contagious equine metritis.] N.I.

F4 SR 1988/287

[F5 36.   Bovine spongiform encephalopathy.] N.I.

F5 SR 1990/135

[F6 37.   Blue eared pig disease.] N.I.

F6 SR 1991/250

[F7 38.   Vesicular stomatitis.] N.I.

F7 SR 1991/456

39.  Peste des petits ruminants. N.I.

40.  Rift valley fever. N.I.

41.  Viral haemorrhagic disease. N.I.

42.  Goat pox. N.I.

[F8 43.   Scrapie.] N.I.

F8 SR 1992/552

[F9 44.   Contagious agalactia.] N.I.

F9 SR 1993/43

[F10 45.   Porcine respiratory corona virus.] N.I.

F10 SR 1994/11

46.  Epizootic haemorrhagic disease. N.I.

[F11 47.   Spongiform encephalopathy.] N.I.

F11 SR 1995/44

48.  Caseous lymphadenitis. N.I.

[F12 49.   Equine viral arteritis.] N.I.

F12 SR 1996/273

Article 10(1) (separation of diseased animals and notice of disease) shall not apply in the case of atrophic rhinitis (18)F13 . . . [F14 and spongiform encephalopathy (47)].

F13 SR 1993/43

F14 SR 1995/44

F15 PART IV N.I. DISEASES OF POULTRY

F15 mod. by SR 1999/433, 434; 2000/293;2001/286;

Modifications etc. (not altering text)

C4 Sch. 1 Pt. IV applied (with modifications) (30.8.2008) by Specified Animal Pathogens Order (Northern Ireland) 2008 (S.R. 2008/336), art. 3(c)

1.  Newcastle disease. N.I.

2.  Fowl cholera. N.I.

3.  Infectious bronchitis. N.I.

4.  Infectious laryngo-tracheitis. N.I.

5.  Fowl pox. N.I.

6.  Ornithosis (including psittacosis). N.I.

7.  Arizona disease. N.I.

[F16 8.   Avian influenza.] N.I.

F16 SR 1995/466

9.  Paramyxovirus 1 infection in pigeons. N.I.

10.  Avian leucosis. N.I.

11.  Marek's disease. N.I.

12.  Goose hepatitis. N.I.

13.  Infectious avian encephalomyelitis. N.I.

14.  Mycoplasmosis. N.I.

15.  Tuberculosis. N.I.

16.  Duck plague (herpes virus infection). N.I.

17.  Duck viral hepatitis. N.I.

18.  Duck septicaemia (anatipestifer infection). N.I.

19.  Infectious bursal disease (gumboro disease). N.I.

20.  Salmonellosis. N.I.

[F17 21.   Avian rhinotracheitis.] N.I.

F17 SR 1996/591

[F18 22.   Spongiform encephalopathy.] N.I.

F18 SR 1995/44

Articles 2(3), 16(1), (2), 61(2)

SCHEDULE 2 N.I. FUNCTIONS OF THE DEPARTMENT IN RELATION TO SLAUGHTER

PART I N.I. POWER TO SLAUGHTER

Cattle Plague: N.I.

1.—(1) The Department shall cause to be slaughtered all animals affected with cattle plague.

(2) The Department may cause to be slaughtered any animal which is or which has been in contact with an animal affected with cattle plague, where the Department is satisfied that such slaughter is necessary for preventing the spreading of cattle plague.

(3) The Department may in any case cause to be slaughtered—

(a) any animals suspected of being affected with cattle plague, or being in a place infected with cattle plague;

(b) subject to such regulations (if any) as may be made by the Department of Finance, any animals being in such parts of an area infected with cattle plague as are not comprised in a place infected with cattle plague.

Pleuro-pneumonia: N.I.

2.—(1) The Department shall cause to be slaughtered all [F19 susceptible animals] affected with pleuro-pneumonia.

(2) The Department may in any case cause to be slaughtered—

(a) any [F20 susceptible animal] suspected of being affected with pleuro-pneumonia; and

(b) any [F20 susceptible animal] which are or which have been in contact with [F20 susceptible animal] affected with pleuro-pneumonia, or which appear to the Department to have been in any way exposed to the infection of pleuro-pneumonia.

(3) Where the Department has decided that any [F21 susceptible animal] is to be slaughtered under this paragraph, the Department shall, if the owner of such [F21 susceptible animal] by notice so requires, cause the same to be slaughtered within twenty-one days after the receipt of the notice.

[F22 (4) In this paragraph, “susceptible animal” means animal of the genus Ovis, Capra, Gazella, Bison, Bos or Bubalus, or of the species Syncerus cafer.]

F19 Words in Sch. 2 Pt. I para. 2(1) substituted (8.11.2023) by The Specified Diseases (Notification) (Amendment) Order (Northern Ireland) 2023 (S.R. 2023/179), arts. 1, 4(2)(a)(i)

F20 Words in Sch. 2 Pt. I para. 2(2) substituted (8.11.2023) by The Specified Diseases (Notification) (Amendment) Order (Northern Ireland) 2023 (S.R. 2023/179), arts. 1, 4(2)(a)(i)

F21 Words in Sch. 2 Pt. I para. 2(3) substituted (8.11.2023) by The Specified Diseases (Notification) (Amendment) Order (Northern Ireland) 2023 (S.R. 2023/179), arts. 1, 4(2)(a)(ii)

F22 Sch. 2 Pt. I para. 2(4) inserted (8.11.2023) by The Specified Diseases (Notification) (Amendment) Order (Northern Ireland) 2023 (S.R. 2023/179), arts. 1, 4(2)(a)(iii)

Foot-and-mouth Disease: N.I.

3.  The Department may in any case cause to be slaughtered—

(a) any animals affected with foot-and-mouth disease, or suspected of being so affected; and

(b) any animals which are of have been in contact with animals affected with foot-and-mouth disease, or which appear to the Department to have been in any way exposed to the infection of foot-and-mouth disease.

[F23 3A.— (1) This paragraph applies to any premises which are declared by the Department to be infected premises under any provision which gives effect in relation to Northern Ireland to Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease [F24 , as last amended by Commission Implementing Decision (EU) 2018/1099] . N.I.

(2) Subject to sub-paragraphs (3) and (5), the Department must cause to be slaughtered all susceptible animals on the premises.

(3) The Department may decide not to slaughter susceptible animals kept in—

(a) a laboratory, zoo, wildlife park or other premises keeping animals principally for the purposes of display or education of the public, or an enclosed area principally used for shooting; or

(b) the premises of a body, institute or centre which—

(i) keeps animals only for the purposes of conservation, display and education of the public, or scientific research or breeding of such animals for research, and

(ii) is approved by the Department in relation to those animals in accordance with any provision which gives effect in relation to Northern Ireland to Article 13(2) of Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in certain animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 1990/425/EEC [F25 , as last amended by Commission Implementing Decision (EU) 2017/2174] ; or

(c) other premises keeping susceptible animals for scientific purposes or purposes related to conservation of species or farm animal genetic resources.

(4) The Department shall not make a decision under sub-paragraph (3) unless it is satisfied that—

(a) basic European Community interests are not endangered (and in particular it shall take into account any threat of the spread of foot-and-mouth disease to F26 ... member States); and

(b) the measures in place to prevent any risk of spreading foot-and-mouth disease virus are adequate.

(5) If the premises consist of two or more separate production units (by virtue of a declaration under sub-paragraph (6)), the Department may decide not to slaughter susceptible animals on free units of those premises.

(6) The Department may by notice served on the occupier declare in respect of any premises that those premises are to be regarded as two or more separate production units and may declare every separate unit which is free from disease to be a free unit.

(7) A declaration under sub-paragraph (6) shall not be made unless the Chief Veterinary Officer advises at the time of a veterinary inquiry into the premises that in his opinion—

(a) the structure, including the administration, and size of the premises allow for each separate unit, a complete separation of housing and keeping for their susceptible animals, including air space;

(b) the operations on each separate unit, and in particular stable and pasture management, milking, feeding, and removal of dung or manure are completely separated and carried out by different personnel;

(c) the machinery, non-susceptible working animals, equipment, installations, instruments and disinfection facilities used in each separate unit are completely separate; and

(d) each of sub-paragraphs (a) to (c) has applied continuously for at least—

(i) 28 days immediately prior to the earliest date on which the premises were infected with foot-and-mouth disease, if only bovine animals or swine have been on the premises within that period, or

(ii) 42 days immediately prior to that date, in any other case.

(8) A declaration under sub-paragraph (6) shall identify, and designate the boundaries of, each separate unit and shall declare every separate unit which is free of disease to be a free unit.

(9) A unit shall cease to be a free unit on revocation of the notice declaring it.

(10) In this paragraph—

“susceptible animal” means cattle, sheep, goats, all other ruminating animals, swine, camels, llamas, alpacas, elephants and any other domestic or wild animal of the orders Rodentia and Proboscidae or of the suborders Ruminantia, Suina and Tylopoda of the order Artiodactyla.

F23 Sch. 2 Pt. 1 paras. 3A, 3B inserted (23.2.2006) by Diseases of Animals (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/41), reg. 3

F24 Words in Sch. 2 para. 3A(1) inserted (11.4.2019) by The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/82), reg. 1, Sch. 3 para. 1(a)

F25 Words in Sch. 2 para. 3A(3)(b)(ii) inserted (11.4.2019) by The Animal Health and Welfare (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/82), reg. 1, Sch. 3 para. 1(b)

F26 Word in Sch. 2 para. 3A(4)(a) omitted (31.12.2020) by virtue of The Plant Health and Diseases of Animals (Amendment) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/327), regs. 1(3), 3(7)

3B.   The Department may cause to be slaughtered any animal which has been treated with vaccine for suppressive purposes.] N.I.

F23 Sch. 2 Pt. 1 paras. 3A, 3B inserted (23.2.2006) by Diseases of Animals (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/41), reg. 3

Modifications etc. (not altering text)

C5 Sch. 2 Pt. 1 para. 3B modified (23.2.2006) by Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006 (S.R. 2006/43), reg. 35

[F27 Bovine tuberculosis N.I.

4.— (1) Subject and according to the provisions of this Order, the Department may by order provide for the slaughter of—

(a) any animal affected with bovine tuberculosis or suspected of being so affected; or

(b) any animal of a susceptible species which is or has been in contact with any animal referred to in paragraph (a), or which appears to the Department to have been in any way exposed to the infection of bovine tuberculosis.

(2) An order under sub-paragraph (1) may provide for the slaughter of any animal under that sub‐paragraph to be made subject to such conditions as may be prescribed by or under the order.

(3) In sub-paragraph (1)—

(a) any reference to bovine tuberculosis includes any such form of the disease, or any such stage of its development, as may be prescribed by order made under that sub‐paragraph; and

(b) “animal of a susceptible species” means any animal or bird—

(i) of a species kept for human consumption or the production of milk for human consumption; or

(ii) of any other species which presents a serious risk of transmitting bovine tuberculosis to animals or poultry of the species referred to in sub-paragraph (i) or to humans.]

F27 SR 1999/204

Brucellosis: N.I.

[F28 5.— (1) Subject and according to the provisions of this Order, the Department may by order provide for the slaughter of—

(a) any cattle affected with brucellosis or suspected of being so affected; or

(b) any cattle which are or have been in contact with such cattle or with any other animal affected or suspected of being affected with brucellosis or which appear to the Department to have been in any way exposed to a significant risk of infection of brucellosis.

(2) An order under sub-paragraph (1) may provide for the slaughter of cattle under that paragraph to be made subject to such conditions as may be prescribed by or under the order.

(3) The Department may cause to be slaughtered any animal (other than cattle) affected or suspected of being affected with brucellosis or which is or has been in contact with an animal affected with brucellosis or which appears to the Department to have been in any way exposed to the infection of brucellosis.]

F28 SR 2004/362

Sheep-pox: N.I.

6.—(1) The Department shall cause to be slaughtered all sheep affected with sheep-pox.

(2) The Department may cause to be slaughtered—

(a) any sheep suspected of being affected with sheep-pox; and

(b) any sheep which are or have been in contact with sheep affected with sheep-pox or which appear to the Department to have been in any way exposed to the infection of sheep-pox.

Swine-fever: N.I.

7.  The Department may in any case cause to be slaughtered—

(a) any swine affected with swine-fever or suspected of being so affected; and

(b) any swine which are or have been in contact with swine affected with swine-fever, or which appear to the Department to have been in any way exposed to the infection of swine-fever.

Glanders: N.I.

8.— [F29 (1)]  The Department may cause to be slaughtered—

(a) any [F30 susceptible animal] affected with glanders, or suspected of being so affected; and

(b) any [F30 susceptible animal] which is or has been in contact with [F31 susceptible animals] affected with glanders or which appears to the Department to have been in any way exposed to the infection of glanders.

[F32 (2) In this paragraph, “susceptible animal” means animal of the genus Ovis, Capra, Gazella, Bison, Bos or Bubalus, or of the species Syncerus cafer]

F29 Sch. 2 Pt. 1 para. 8 renumbered as Sch. 2 Pt. 1 para. 8(1) (8.11.2023) by The Specified Diseases (Notification) (Amendment) Order (Northern Ireland) 2023 (S.R. 2023/179), arts. 1, 4(2)(b)(i)

F30 Words in Sch. 2 Pt. I para. 8(1) substituted (8.11.2023) by The Specified Diseases (Notification) (Amendment) Order (Northern Ireland) 2023 (S.R. 2023/179), arts. 1, 4(2)(b)(ii)

F31 Words in Sch. 2 Pt. I para. 8(1) substituted (8.11.2023) by The Specified Diseases (Notification) (Amendment) Order (Northern Ireland) 2023 (S.R. 2023/179), arts. 1, 4(2)(b)(iii)

F32 Sch. 2 Pt. I para. 8(2) inserted (8.11.2023) by The Specified Diseases (Notification) (Amendment) Order (Northern Ireland) 2023 (S.R. 2023/179), arts. 1, 4(2)(b)(iv)

Rabies: N.I.

9.  The Department may cause to be slaughtered—

(a) any animal affected with rabies or suspected of being so affected;

(b) any animal which is or has been in contact with an animal affected with or suspected of being affected with rabies; and

(c) any animal which has in any way been exposed to the infection of rabies.

10.   F33 . . . F34 . . . Lumpy skin disease, Blue tongue, Teschen disease, African swine fever, Swine vesicular disease, Vesicular exanthema, African horse sickness, Dourine, Equine encephalomyelitis, Transmissible gastro-enteritis, Influenza A infection, Epizootic lymphangitis, Visna-Maedi complex, Jaagsiekte complex [F35 Infectious Bovine Rhinotracheitis][F36 Aujeszky's disease, Porcine respiratory corona virus, Contagious agalactia, Peste des petits ruminants, Goat pox, Vesicular stomatitis, Rift valley fever, Epizootic haemorrhagic disease.][F37 Caseous lymphadenitis.]:

The Department may in any case cause to be slaughtered—

(a) any animal affected with any of the above diseases, or suspected of being so affected; and

(b) any animal which is or has been in contact with an animal affected with any of the above diseases, or which appears to the Department to have been in any way exposed to the infection of any of the diseases.

F33 SR 1995/368

F34 SR 1996/399

F35 SR 1986/79

F36 SR 1994/11

F37 SR 1995/44

Para. 10A rep. by SR 2002/225

Bovine leucosis: N.I.

[F38 10B.— (1) Subject to sub‐paragraph (2) the Department—

(a) shall cause to be slaughtered, under the supervision of a veterinary inspector—

(i) any bovine animal affected with enzootic bovine leucosis; and

(ii) where the animal is a cow any calf of that animal; and

(b) may cause to be slaughtered—

(i) any bovine animal suspected of being affected with enzootic bovine leucosis;

(ii) any other animal affected or suspected of being affected with enzootic bovine leucosis or any animal affected or suspected of being affected with any other form of bovine leucosis; and

(iii) any animal which has been in contact with an animal affected with any form of bovine leucosis or in any other way exposed to the infection of that disease.

(2) The Department may exempt any calf from the requirements of sub‐paragraph (1)(a)(ii) where it was separated from its mother after calving.]

F38 SR 1995/368

Para. 10C rep. by SR 2002/225

Diseases of Poultry: N.I.

11.  The Department may cause to be slaughtered—

(a) any diseased or suspected poultry; or

(b) any poultry which are or have been in contact with diseased poultry or which appear to the Department to have been in any way exposed to the infection of disease.

PART II F39 N.I. COMPENSATION IN RESPECT OF THE SLAUGHTER OF ANIMALS AND POULTRY

F39 prosp. rep. by 1994 NI 6

Cattle Plague: N.I.

1.  The compensation shall—

(a) where the animal slaughtered was affected with cattle plague, by one-half of its value immediately before it became so affected; and

(b) in every other case, be the value of the animal immediately before it was slaughtered.

Pleuro-pneumonia: N.I.

2.  The compensation shall—

(a) where the animal slaughtered was affected with pleuro-pneumonia be three-fourths of its value immediately before it became so affected; and

(b) in every other case, be the value of the animal immediately before it was slaughtered.

Foot-and-mouth Disease: N.I.

3.  The compensation shall—

(a) where the animal slaughtered was affected with foot-and-mouth disease, be the value of the animal immediately before it became so affected; and

(b) in every other case, be the value of the animal immediately before it was slaughtered.

Bovine Tuberculosis: N.I.

4.  The compensation in all or any cases shall be such as is provided in the relevant order.

Brucellosis: N.I.

[F40 5.— (1) The compensation shall, in all or any cases where cattle are slaughtered in pursuance of an order under paragraph 5(1) of Part I, be such as is provided in that Order.

(2) The compensation shall, in all or any cases where animals are slaughtered in pursuance of [F41 paragraph 5(3) of Part I], be—

(a) if the animal was affected with brucellosis, one half of its value immediately before it became so affected; and

(b) in every other case, the value of the animal immediately before it was slaughtered.]

F40 SR 1994/11

F41 SR 2004/362

Sheep-pox: N.I.

6.  The compensation shall—

(a) where the sheep slaughtered was affected with sheep-pox, be one-half of its value immediately before it became so affected; and

(b) in every other case, be the value of the sheep immediately before it was slaughtered.

Swine-fever: N.I.

7.  The compensation shall—

(a) where the animal slaughtered was affected with swine-fever, be one-half of its value immediately before it became so affected; and

(b) in every other case, be the value of the animal immediately before it was slaughtered.

Glanders: N.I.

8.  The compensation shall—

(a) where the [F42 animal] was affected with glanders, be one-half of its value immediately before it became so affected; and

(b) in every other case, be the value of the [F42 animal] immediately before it was slaughtered.

F42 Word in Sch. 2 Pt. II para. 8 substituted (8.11.2023) by The Specified Diseases (Notification) (Amendment) Order (Northern Ireland) 2023 (S.R. 2023/179), arts. 1, 4(3)

Rabies: N.I.

9.  The compensation shall—

(a) where the animal slaughtered was affected with rabies, be one-half of its value immediately before it became so affected; and

(b) in every other case, be the value of the animal immediately before it was slaughtered.

Para. 10 rep. by SR 1996/399

Swine vesicular disease: N.I.

11.  The compensation shall—

(a) where the animal slaughtered was affected with swine vesicular disease, be the value of the animal immediately before it became so affected; and

(b) in every other case, be the value of the animal immediately before it was slaughtered.

12.  Bovine leucosis, Lumpy skin disease, Blue tongue, Teschen disease, African swine-fever, Vesicular exanthema, African horse sickness, Dourine, Equine encephalomyelitis, Transmissible gastro-enteritis, Influenza A infection, Epizootic lymphangitis, Visna-Maedi complex, Jaagsiekte complex [F43 Infectious Bovine Rhinotracheitis][F44 Aujeszky's disease, Porcine respiratory corona virus, Contagious agalactia, Goat pox.][F45 Caseous lymphadenitis.]: N.I.

F43 SR 1986/79

F44 SR 1994/11

F45 SR 1995/44

The compensation shall—

(a) where the animal slaughtered was affected with any of the above diseases be one-half of its value immediately before it became so affected; and

(b) in every other case, be the value of the animal immediately before it was slaughtered.

Para. 12A rep. by SR 2002/225

Peste des petits ruminants, Vesicular stomatitis, Rift valley fever, Epizootic haemorrhagic disease: N.I.

[F46 12B.   The compensation shall—

(a) where the animal slaughtered was affected with any of the above diseases, be the value of the animal immediately before it became so affected; and

(b) in every other case be the value of the animal immediately before it was slaughtered.]

F46 SR 1994/11

Para. 12C rep. by SR 2002/225

Diseases of poultry: N.I.

13.  The compensation for any poultry slaughtered shall be the value of the poultry immediately before slaughter so, however, that where the poultry were hatched from imported eggs and were slaughtered while kept or detained for quarantine purposes, the compensation if any, payable for that poultry shall be the value at the time of importation of the eggs from which such poultry were hatched.

Articles 25, 26, 27, 28, 30(1).

SCHEDULE 3 N.I. IMPORTED ANIMALS

PART I N.I. Slaughter at landing place

1.  The animals shall be landed only at a landing place as defined by this Order. N.I.

2.  The animals shall be landed in such manner, at such times, and subject to such supervision and control as the Commissioners of Customs and Excise direct. N.I.

3.  The animals shall not be moved alive out of the landing place. N.I.

PART II N.I. Quarantine

1 .F47   The animals shall be landed only at a landing place as defined by this Order. N.I.

F47 mod. by SR 1986/253

2 .F48   The animals shall be landed in such manner, at such times, and subject to such supervision and control as the Commissioners of Customs and Excise direct, and subject to such conditions in respect of the animals, or the vessel, aircraft or vehicle from which they are landed, as the Department by order prescribes. N.I.

F48 mod. by SR 1986/253

3 .F49   When landed the animals shall immediately be conveyed in such manner and subject to such precautions as the Department may by order prescribe, to a quarantine station. N.I.

F49 mod. by SR 1986/253

4.  The animals shall not be moved out of the quarantine station except on conditions prescribed by order of the Department. N.I.

5 .F50   Notwithstanding anything in the foregoing provisions of this Part the provisions of this Order relating to slaughter in the case of existence of suspicion of disease or in the case of contact with diseased stock and to the ownership of carcases of such animals, shall apply to animals, poultry or imported eggs within a quarantine station. N.I.

F50 mod. by SR 1986/253

6 .F51   The provisions of this Order relating to compensation or other payments in respect of animals compulsorily slaughtered shall not apply to animals which while in a quarantine station are found to be affected with disease, or to have been in contact with diseased stock, or are suspected of being diseased, except where the Department is satisfied that such slaughter was necessary due to the existence of disease which originated from a source unconnected with the animals in the quarantine station. N.I.

F51 mod. by SR 1986/253

7 .F52   Without prejudice to paragraph 5, the Department may— N.I.

(a) cause to be slaughtered any imported animals or poultry; and

(b) cause to be destroyed any imported eggs;

in a quarantine station which appear to the Department to have been in any way exposed to the infection of—

(i) any disease not endemic in Northern Ireland, not being a disease specified in Part III or IV of Schedule 1; or

(ii) any other disease not being a disease specified in Part III or IV of Schedule 1 which in the opinion of the Department would constitute a hazard to the health of animals or poultry in Northern Ireland.

F52 mod. by SR 1986/253

PART III N.I. Ancillary provisions

1 .F53   The Department may by order make such further or other provision as the Department thinks necessary or expedient with regard to animals or poultry which, while in a landing place or quarantine station— N.I.

(a) are found to be affected with disease; or

(b) are suspected of being diseased; or

(c) are found to have been in contact with diseased stock; or

(d) do not pass disease tests;

and the provisions of paragraphs (2) and (3) of Article 20 shall have effect as if an order under this Part were an order made under paragraph (1) of that Article.

F53 mod. by SR 1986/253

2 .F54   In this Schedule, a “quarantine station” means— N.I.

(a) premises or accommodation approved by the Department for quarantine purposes; and

(b) premises or accommodation approved by the Department for the holding of animals for a further period of isolation following release from premises or accommodation such as is mentioned in sub-paragraph (a).

F54 mod. by SR 1986/253

Articles 33, 34, 36(1).

SCHEDULE 4 N.I. SUBSTANCES TO WHICH PART III APPLIES

Paras. 1‐3 rep. by SR 1981/408

4.  Any of the following substances to be administered to swine:- N.I.

(a) Para-aminophenylarsonic acid.

• Sodium Para-aminophenylarsonic acid.

• 4-Hydroxy-3-Nitrophenylarsonic acid.

• 4-Nitrophenylarsonic acid.

• 4-Ureidophenylarsonic acid.

• Arsenosobenzene.

(b) Any other form of arsenic.

5.  Any substance containing any proportion of any of the substance specified in paragraph 4 if such substance is to be administered to swine. N.I.

6.  The prohibition in Article 33 shall not apply to any person who has in his possession a substance specified in paragraphs 4 and 5 for administration to animals other than swine (whether by himself or by any other person) or who administers any such substance to any animal other than swine. N.I.

N.I.

Schedule 5—Amendments

Article 62(2).

SCHEDULE 6 N.I. TRANSITIONAL PROVISIONS

1.  For the purposes of an order under the Diseases of Animals Act (Northern Ireland) 1958F55 made before the coming into operation of section 55(6) of the Criminal Law Act 1977F56 and expressed to be made for the purpose of preventing the introduction or spreading of rabies into or within Northern Ireland, Article 52(3) (a) (i) shall have effect as if for “£500” there were substituted “ £1,000 ”. N.I.

F55 1958 c. 13 (NI)

F56 1977 c. 45

2.  Without prejudice to section 17 of the Interpretation Act (Northern Ireland) 1954 an order under the Diseases of Animals Act (Northern Ireland) 1958 imposing prohibitions or restrictions shall be deemed always to have been enabled to provide that the Department may do so by means of the issue of licences in such form and subject to such conditions as may be specified in the Order. N.I.

N.I.

Schedule 7—Repeals