Animal Health Act 1981

Section 31.

SCHEDULE 3 E+W+S Power to Slaughter in Relation to Certain Diseases

Cattle plague E+W+S

1 (1) The Minister shall cause to be slaughtered all animals affected with cattle plague. E+W+S

(2) Where an animal is or has been in the same shed, stable, herd or flock as, or in contact with, an animal affected with cattle plague, the Minister may, if he is satisfied that the slaughter of the animal is necessary for preventing the spreading of cattle plague, cause the animal to be slaughtered.

(3) The Minister may, if he thinks fit, 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) any animals being in such parts of an area infected with cattle plague as are not comprised in a place infected with cattle plague (but in this last-mentioned case subject to such regulations as the Treasury by statutory instrument think fit to make).

(4) The Minister shall for animals slaughtered under this paragraph pay compensation as follows—

(a) where the animal slaughtered was affected with cattle plague, the compensation shall be one half of its value immediately before it became so affected, but so that the compensation does not in any such case exceed £20; and

(b) in every other case the compensation shall be the value of the animal immediately before it was slaughtered, but so that the compensation does not in any case exceed £40.

Pleuro-pneumonia E+W+S

2 (1) The Minister shall cause to be slaughtered all cattle affected with pleuro-pneumonia. E+W+S

(2) The Minister may, if he thinks fit, in any case cause to be slaughtered—

(a) any cattle suspected of being affected with pleuro-pneumonia; and

(b) any cattle which are or which have been in the same field, shed, or other place, or in the same herd or otherwise in contact with cattle affected with pleuro-pneumonia, or which appear to the Minister to have been in any way exposed to the infection of pleuro-pneumonia.

(3) The Minister shall for cattle slaughtered under this paragraph pay compensation as follows—

(a) where the animal slaughtered was affected with pleuro-pneumonia, the compensation shall be three-fourths of the value of the animal immediately before it became so affected, but so that the compensation does not in any such case exceed £30; and

(b) in every other case the compensation shall be the value of the animal immediately before it was slaughtered, but so that the compensation does not in any case exceed £40.

(4) Where the Minister has decided that any head of cattle is to be slaughtered under this paragraph, the Minister shall, if the owner of such head of cattle by notice in writing so requires cause the same to be slaughtered within 21 days after the receipt of the notice.

Foot-and-mouth disease E+W+S

3 (1) The Minister may, if he thinks fit, in any case cause to be slaughtered— E+W+S

(a) any animals affected with foot-and-mouth disease, or suspected of being so affected [F1 and];

(b) any animals which are or have been in the same field, shed, or other place, or in the same herd or flock, or otherwise in contact with animals affected with foot-and-mouth disease, or which appear to the Minister to have been in any way exposed to the infection of foot-and-mouth disease.

[F2 (c) any animals the Secretary of State thinks should be slaughtered with a view to preventing the spread of foot-and-mouth disease.]

[F3 (1A) The Secretary of State may exercise the power under sub-paragraph (1)(c) whether or not animals—

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

(b) are or have been in contact with animals so affected;

(c) have been exposed to the infection of foot-and-mouth disease;

(d) have been treated with vaccine against foot-and-mouth disease.]

(2) The Minister shall for animals slaughtered under this paragraph pay compensation as follows—

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

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

Textual Amendments

F1 Word omitted (E.W.) (14.1.2003) by virtue of 2002 c. 42, s. 1(2); S.I. 2002/3044, art. 2

F2 Sch. 3 para. 3(1)(c) inserted (E.W.) (14.1.2003) by 2002 c. 42, s. 1(2)(c); S.I. 2002/3044, art. 2

F3 Sch. 3 para. 3(1A) inserted (E.W.) (14.1.2003) by 2002 c. 42, s. 1(3); S.I. 2002/3044, art. 2

Swine-fever E+W+S

4 (1) The Minister may, if he thinks fit, in any case cause to be slaughtered— E+W+S

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

(b) any swine which are or have been in the same field, pig-sty, shed, or other place, or in the same herd, or otherwise in contact with swine affected with swine-fever, or which appear to the Minister to have been in any way exposed to the infection of swine-fever.

(2) The Minister shall for animals slaughtered under this paragraph pay compensation as follows—

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

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

Diseases of poultry E+W+S

5 (1) The Minister may, if he thinks fit, cause to be slaughtered— E+W+S

(a) any diseased or suspected poultry; [F4 or]

(b) any poultry which are or have been in the same field, pen, shed or other place as, or otherwise in contact with, diseased poultry or which appear to the Minister to have been in any way exposed to the infection of disease.

[F5 (c) any poultry the Secretary of State thinks should be slaughtered with a view to preventing the spread of avian influenza or Newcastle disease.]

[F6 (1A) The Secretary of State may exercise the power under sub-paragraph (1)(c) whether or not poultry–

(a) are affected with avian influenza or Newcastle disease or suspected of being so affected;

(b) are or have been in contact with poultry so affected;

(c) have been exposed to the infection of avian influenza or Newcastle disease;

(d) have been treated with vaccine against avian influenza or Newcastle disease.]

(2) The Minister shall for poultry, other than diseased poultry, slaughtered under this paragraph pay compensation, which shall be the value of the bird immediately before it was slaughtered.

(3) The Minister may by order prescribe the payment of compensation in accordance with a scale approved by the Treasury for diseased poultry slaughtered under this paragraph, being poultry affected with any disease other than fowl pest in any of its forms, including Newcastle disease and fowl plague.

Textual Amendments

F4 Word in Sch. 3 para. 5(1)(a) deleted (E.W.) (11.7.2003) by Avian Influenza and Newcastle Disease (England and Wales) Order 2003 (S.I. 2003/1734), arts. 1, 4(2)

F5 Sch. 3 para. 5(1)(c) inserted (E.W.) (11.7.2003) by Avian Influenza and Newcastle Disease (England and Wales) Order 2003 (S.I. 2003/1734), arts. 1, 4(3)

F6 Sch. 3 para. 5(1A) inserted (E.W.) (11.7.2003) by Avian Influenza and Newcastle Disease (England and Wales) Order 2003 (S.I. 2003/1734), arts. 1, 4(4)