The Disease Control (Interim Measures) (England) Order 2002

Restrictions on the movement of animals

3.—(1) Subject to the following provisions of this article, it shall not be lawful to move an animal from any premises (in this article referred to as the “premises of origin”) unless the following requirements are met—

(a) the movement is made under the authority of a licence issued by the Minister or an inspector and in accordance with the conditions thereof; and

(b) no animal has been moved on to the premises of origin (or other premises in the same sole occupancy group) during the period of 20 days before the day on which the first mentioned animal is to be moved (such period being referred to in this article as “the standstill period”).

(2) The requirement contained in paragraph (1)(b) above shall not apply—

(a) if the premises of origin are a market, collecting centre, artificial insemination centre, exhibition, or place for veterinary treatment;

(b) if the movement is—

(i) of a pig as referred to in article 8(3)(b) of the Pigs (Records, Identification and Movement) Order 1995(1) or to a market for pigs intended for immediate slaughter;

(ii) of an animal direct to a slaughterhouse, or to a collecting centre for animals intended for immediate slaughter;

(iii) of a calf less than 30 days old (for which a cattle passport has been issued and to which ear tags have been applied in accordance with article 3(3) of the Cattle Identification Regulations) from premises of origin which are either the premises on which the calf was born or other premises in the same sole occupancy group, save that this exemption shall not apply if any animal has been moved during the standstill period directly from a market onto the premises of origin or other premises in the same sole occupancy group;

(iv) of a lamb less than 7 days old from premises of origin which are either the premises on which it was born or other premises in the same sole occupancy group to any other premises not more than 10 kilometres by road from the premises of origin, where this is for the purpose of fostering that lamb;

(v) the return from tack land of a sheep to the premises from which it was originally moved or to other premises in the same sole occupancy group provided that the tack land was managed separately from and had a different CPH number to the remainder of any premises of which it was a part at all times during the period the sheep was there;

(vi) of an animal between premises in a sole occupancy group in accordance with an authority issued by the Minister;

(vii) of an animal from a show provided that before that animal was moved to the show it was isolated for the preceding 20 days from all other animals on the premises where it was and that it is again so isolated for a further 20 days on its return;

(viii) of cattle from premises of origin in circumstances where the only movement of animals on those premises has been of a calf less than 30 days old which has been brought from the premises on which that calf was born or from other premises in the same sole occupancy group and where—

(aa) the premises of origin are authorised to be used as a specialist calf rearing unit by a notice issued by a veterinary inspector or the Minister; and

(bb) the cattle to be moved have been issued with cattle passports and tagged in accordance with the Cattle Identification Regulations;

(ix) of an animal for direct export or to a collecting centre or assembly centre approved under regulation 12(2) of the Animal and Animal Products (Import and Export)(England and Wales) Regulations 2000(2) prior to such export;

(x) of an animal which has been imported into the United Kingdom direct to any premises from its point of entry into the United Kingdom;

(xi) of an animal between land over which the owner or keeper of the animal has a registered right of common and premises occupied by the owner or keeper in relation to which the registered right of common is customarily exercised;

(xii) of a camelid being taken on a trekking expedition;

(xiii) of pigs or cattle to an artificial insemination centre or place for veterinary treatment;

(xiv) of a bull for breeding purposes; or

(c) if a permit disapplying the standstill period has been issued by a veterinary inspector in relation to the movement.

(3) For the purposes of paragraph (1)(b) above no account shall be taken of the movement on to the premises of origin or other premises in the same sole occupancy group of—

(a) a pig—

(i) which is being returned to those premises from a place to which it had been moved for breeding, an artificial insemination centre or a place to which it had been moved for veterinary treatment provided it is isolated for 20 days after the date of its return from all other animals; or

(ii) where that movement is as referred to in article 8(3)(b) of the Pigs (Records, Identification and Movement) Order 1995;

(b) an animal which is being returned to those premises from an exhibition or show provided that that animal is isolated for 20 days after the date of its return from all other animals on the premises of origin and the attendance of the animal at that exhibition or show has been notified to the local authority;

(c) a bull for breeding purposes, provided that the bull and all other animals at the premises from which it was brought which are in the same management unit were inspected at those premises immediately prior to the movement to the premises of origin by a veterinary inspector who has issued a written declaration to the effect that neither the bull nor any of the other animals showed any signs of foot-and-mouth disease when they were so inspected;

(d) a camelid brought from premises where no animals other than camelids have been present at any time during the 20 days preceding the movement of the camelid onto the premises of origin;

(e) a sheep which is being returned to those premises from tack land provided the tack land has been managed separately from and had a different CPH number to the remainder of any premises of which it is a part during the period the sheep was there;

(f) a calf less than 30 days old from the premises on which it was born or other premises in the same sole occupancy group, provided that the premises of origin are authorised to be used as a specialised calf rearing unit by a notice issued by a veterinary inspector or the Minister;

(g) an animal from either—

(i) its point of entry into the United Kingdom following its import from another Member State; or

(ii) the premises to which it has been moved from its point of entry into the United Kingdom;

(h) an animal which is brought on to those premises in a vehicle provided that—

(i) the animal is not unloaded from that vehicle at those premises, and

(ii) such movement is carried out in accordance with the conditions of a licence issued under paragraph (1)(a) above;

(i) the return of a camelid on to the premises of origin from a trekking expedition;

(j) a lamb less than 7 days old in the circumstances described in paragraph (2)(b)(iv) above; or

(k) cattle from an artificial insemination centre or place for veterinary treatment.

(4) The requirement set out in paragraph (1)(a) above shall not apply in the case of any movement which is authorised under a licence issued under article 12 of the Pigs (Records, Identification and Movement) Order 1995.

(5) Where any animal is required to be isolated for any purpose under this article this shall mean isolated in isolation facilities approved by a veterinary inspector.

(6) Where the movement of an animal is authorised on or immediately before the coming into force of this Order by a licence issued under article 31 of the Foot-and-Mouth Disease Order 1983 or such movement would be so authorised but for the revocation of any controlled area order, that licence shall have effect under this Order as if it were a licence issued under paragraph (1)(a) above and its provisions shall apply to the aforesaid movement in place of those of any general licence issued under paragraph (1)(a) above unless it is revoked pursuant to article 8 below or otherwise ceases to have effect.

(7) Where a licence has been issued or granted by the Minister, an Inspector or the Scottish Ministers under an order made under section 8 of the Act to authorise the movement of any animal from premises situated in Wales or in Scotland to premises situated in England or to premises situated in Scotland or Wales through any part of England, such provisions of that licence as are relevant shall apply in relation to that part of the movement which takes place in England as if that licence were a licence issued under paragraph (1)(a) above and the provisions of this Order shall apply accordingly.

(8) Where a licence such as is referred to in either paragraphs (6) or (7) above authorises movements of any kind between premises under the same management or control or would authorise any such movement but for the revocation of any controlled area order then, without prejudice to the provisions of paragraphs (6) and (7) above in relation to that licence, it shall have effect as if it were also an authority issued for the purposes of making the premises a sole occupancy group under this Order and the provisions of this Order shall apply in respect of it accordingly.

(9) An authority issued under article 8(2)(a)(i) of the Pigs (Records, Identification and Movement) Order 1995 and remaining in force immediately before the coming into force of this Order shall continue to have effect as if it were an authority issued under paragraph (2)(b)(vi) above.

(1)

S.I. 1995/11, as amended by S.I. 1995/2922 and, as regards England, by the Pigs (Records, Identification and Movement) (Interim Measures) (England) Order, 2002 (S.I. 2002/ ).

(2)

S.I. 2000/1673, as amended by S.I. 2000/2266, S.I. 2000/2524, S.I. 2000/2900 and S.I. 2000/3128.