The Anthrax (Amendment) Order 1996

Statutory Instruments

1996 No. 1855

ANIMALS

ANIMAL HEALTH

The Anthrax (Amendment) Order 1996

Made

16th July 1996

Coming into force

5th August 1996

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, 7(1), 8(1), and 23 of the Animal Health Act 1981(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement

1.  This Order may be cited as the Anthrax (Amendment) Order 1996 and shall come into force on 5th August 1996.

Amendment

2.—(1) The Anthrax Order 1991(2) shall be amended in accordance with the following provisions of this article.

(2) In article 2(1) (interpretation) for the definition of “disinfectant” there shall be substituted the following definition—

““disinfectant” means a disinfectant listed in Schedule 1 or Schedule 2 to the Diseases of Animals (Approved Disinfectants) Order 1978(3) as approved for use in respect of general orders or, where so specified in a notice served under article 10(1), any means of destroying anthrax bacilli or spores specified in that notice by a veterinary inspector;”.

(3) In article 10 (cleansing, disinfection, vaccination and treatment)—

(a) for paragraph (1) there shall be substituted the following paragraph—

“10.— (1) A veterinary inspector may serve on the occupier of any premises on which there is or has been within 56 days a diseased or suspected animal or carcase a notice requiring him within the time specified in the notice to—

(a) carry out such cleansing and disinfection in relation to all or any part of the premises; and

(b) carry out such cleansing, disinfection, incineration or other work in relation to any thing which has been in contact with the animal or carcase or which has been used in connection with the animal or carcase,

as may be specified in the notice.”; and

(b) for paragraph (3) there shall be substituted the following paragraph—

“(3) If the requirements of a notice served under this article are not complied with a veterinary inspector may, without prejudice to any proceedings for an offence arising out of the default, carry out or cause to be carried out those requirements, and any expenses reasonably incurred in doing so shall be recoverable by the Minister from the occupier as a civil debt.”.

(4) In Schedule 1, Part II, for paragraph 7, there shall be substituted the following paragraph—

“7.   No person other than a veterinary inspector acting in the course of a veterinary inquiry shall—

(a) move from the premises any animal or carcase or thing derived from any animal or carcase;

(b) move from the premises any thing which has been in contact with any animal or carcase or any thing used in connection with animals, which has not been disinfected with a disinfectant; or

(c) move any animal or carcase into the premises,

except under the authority of a licence issued by a veterinary inspector.”.

Angela Browning

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

14th July 1996

Lindsay

Parliamentary Under-Secretary of State,Scottish Office

16th July 1996

Signed by authority of the Secretary of State for Wales

Jonathan Evans

Parliamentary Under-Secretary of State,Welsh Office

11th July 1996

Explanatory Note

(This note is not part of the Order)

This Order amends the Anthrax Order 1991. It extends the powers of veterinary inspectors to require incineration or other disposal of things which have been in contact or used in connection with any animal or carcase which is affected or is suspected of being affected by anthrax. The Order also extends the definition of a disinfectant to include any means of destroying anthrax bacilli or spores specified in a notice. It also extends a requirement in Part II of Schedule 1 to the Order, in relation to premises on which there is a diseased or suspected animal or carcase.

A Compliance Cost Assessment in relation to this Order has been placed in the libraries of both Houses of Parliament and copies can be obtained from the Animal Health (Disease Control) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.

(1)

1981 c. 22.See Section 86(1) for the definition of “the Ministers”.

(2)

S.I. 1991/2841.

(3)

S.I. 1978/32; relevant amending instruments are S.I. 1978/934 and S.I. 1994/2965.