The Specified Diseases (Notification and Slaughter) Order 1992

Statutory Instruments

1992 No. 3159

ANIMALS

ANIMAL HEALTH

The Specified Diseases (Notification and Slaughter) Order 1992

Made

10th December 1992

Coming into force

1st January 1993

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 1, 15(4). 32(2), 87(2) and 88(2) of the Animal Health Act 1981(1) and all other powers enabling them in that behalf, hereby makes the following Order:—

Title and commencement

1.  These Order may be cited as the Specified Diseases (Notification and Slaughter) Order 1992 and shall come into force on 1st January 1993.

Application of section 22 of the Animal Health Act 1981

2.—(1) Section 32 of the Animal Health Act 1981, which enables the Minister to cause animals to be slaughtered on account of disease, shall apply to the following diseases–

• African horse sickness

• Bluetongue

• Brucellosis caused by Brucella melitensis

• Contagious agalactia

• Contagious epidydimitis

• Epizootic haemorrhagic virus disease

• Goat pox

• Lumpy Skin Disease

• Peste des Petits Ruminants

• Rift Valley Fever

• Sheep pox

• Teschen Disease

• Vesicular Stomatitis

(2) For the purposes of this article the definition of “animal” in the Animal Health Act 1981 is hereby extended to include any kind of mammal except man.

Amendment of the Specified Diseases (Notification) Order 1991

3.—(1) For the Schedule to the Specified Diseases (Notification) Order 1991(2) there shall be substituted the Schedule set out in Schedule 1 of this Order.

(2) In Article 2(b) of the Specified Diseases (Notification) Order 1991 the words “column 1 of” shall be omitted.

(3) In Article 3 of the Specified Diseases (Notification) Order 1991 for the definition of “specified disease” there shall be substituted the following–

““specified disease” means a disease specified in the Schedule to this Order;”

Amendment of the Diseases of Animals (Ascertainment of Disease) Order 1985

4.  In Article 3 of the Diseases of Animals (Ascertainment of Disease) Order 1985(3), for the definition of “disease” there shall be substituted the following–

““Disease” means African horse sickness, Aujeszky’s disease, Brucellosis caused by Brucella melitensis, cattle plague, contagious agalactia, contagious epidydimitis, dourine, enzootic bovine leukosis, equine infectious anaemia, equine encephalomyelitis, pleuro-pnemonia, rabies, sheep-pox, swine fever and Teschen disease;”.

Revocations and consequential amendments

5.  The Orders referred to in Schedule 2 to this Order are hereby revoked or amended as specified in that Schedule.

In witness thereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

10th December 1992

Hector Munro

Parliamentary Under Secretary of State, Scottish Office

10th December 1992

David Hunt

Secretary of State for Wales

10th December 1992

Article 3

SCHEDULE 1

Articles 2(b) and 3

SCHEDULE SPECIFIED DISEASES

• African horse sickness

• Bluetongue

• Brucellosis caused by Brucella melitensis

• Contagious agalactia

• Contagious epidydimitis

• Epizootic haemorrhagic virus disease

• Goat pox

• Lumpy skin disease

• Peste des petits ruminants

• Rift Valley Fever

• Scrapie

• Sheep pox

• Teschen Disease

• Vesicular Stomatitis

• Viral haemorrhagic disease

Article 4

SCHEDULE 2

PART 1 REVOCATIONS

Title of Order	Reference	Extent of revocation
The Sheep Pox Order 1938	SR&O 1938/229	The whole Order
The Brucellosis Melitensis Order 1940	SR&O 1940/1251	The whole Order
The Brucellosis Melitensis (Amendment) Order 1942	SR&O 1942/143	The whole Order
The Teschen Disease Order 1974	S.I. 1974/1185	The whole Order
The Brucellosis Melitensis (Amendment) Order 1977	S.I. 1977/945	The whole Order

PART II AMENDMENTS

1.   In Schedule 2 to The Importation of Animals Order 1977(4) the references to the Sheep Pox Order of 1938 and the Teschen Disease Order 1974 shall be deleted.

2.   In the Infectious Diseases of Horses Order 1987(5) the words “African horse sickness,” shall be deleted from Article 2(b) and in the definition of “disease” in Article 3(1).

Explanatory Note

(This note is not part of the Regulations)

This Order extends the list of diseases for which the Minister may cause animals to be slaughtered to include the following diseases in all mammals except man:

• African horse sickness

• Bluetongue

• Brucellosis caused by Brucella melitensis

• Contagious agalactia

• Contagious epidydimitis

• Epizootic haemorrhagic virus disease

• Goat pox

• Lumpy Skin Disease

• Peste des Petits Ruminants

• Rift Valley Fever

• Sheep pox

• Teschen Disease

• Vesicular Stomatitis

The inclusion of African horse sickness implements the slaughter requirements of Council Directive 92/35/EEC laying down control rules and measures to combat African horse sickness (OJ No L157, 10.6.92, p.19) (Article 2 of the Order).

It extends the list of notifiable diseases in the Specified Diseases (Notification) Order 1991 to include Brucellosis caused by Brucella melitensis, contagious epidydimitis and scrapie, as is required by Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals (OJ No L46, 19.12.91, p.19) and contagious agalactia as is required by Council Directive 91/68/EEC for Member States wishing to prove freedom from disease; African Horse Sickness as is required by Council Directive 92/35/EEC; and epizootic haemorrhagic virus disease and sheep pox (Article 3).

It extends the definition of “disease” in the Diseases of Animals (Ascertainment of Disease) Order 1985 to include African horse sickness, brucellosis caused by Brucella melitensis, contagious agalactia and contagious epidydimitis, as required for the purposes of Council Directives 91/68/EEC and 92/35/EEC (Article 4).

It revokes the provisions in Schedule 2 which concern matters now dealt with by this Order (Article 5).

The Order implements all those provisions in Council Directives 91/68/EEC and 92/35/EEC not already implemented under existing legislation.

(1)

1981 c. 22; see section 86(1)(c) for the definition of “the Ministers”.

(2)

S.I. 1991/1155.

(3)

S.I. 1985/1765

(4)

S.I. 1977/944.

(5)

S.I. 1987/790.