The Disease Control (England) (Amendment) Order 2016

Statutory Instruments

2016 No. 280

Animals, England

Animal Health

The Disease Control (England) (Amendment) Order 2016

Made

1st March 2016

Coming into force

6th April 2016

The Secretary of State makes this Order in exercise of the powers conferred by sections 1, 8(1) and 83(2) of the Animal Health Act 1981(1) and now vested in the Secretary of State(2).

Citation and commencement E+W+S

1.  This Order may be cited as the Disease Control (England) (Amendment) Order 2016 and comes into force on 6th April 2016.

Amendment of the Disease Control (England) Order 2003 E+W+S

2.  The Disease Control (England) Order 2003(3) is amended in accordance with articles 3 to 9.

Amendment of article 2 E+W+S

3.  In article 2 (interpretation), in the definition of “slaughterhouse”, for “the Fresh Meat (Hygiene and Inspection) Regulations 1995” substitute “the Food Safety and Hygiene (England) Regulations 2013”(4).

Amendment of article 12 E+W+S

4.  In article 12 (requirement for a licence to move animals), in paragraph (2), for “article 10 of the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No 2) Order 2002 (licences relating to pet pigs)” substitute “article 20 of the Pigs (Records, Identification and Movement) Order 2011 (walking licences for pet pigs)”(5).

Revocation of article 15 E+W+S

5.  Omit article 15 (general licences).

Insertion of article 15A E+W+S

6.  After article 15, insert—

“15A.    Movement documents for deer

Where deer are moved under a general licence, and that licence requires the person moving the deer to have a movement document, the occupier of premises which they are moved on to must—

(a) comply with the conditions of the licence relating to the reporting of movement information; and

(b) keep a copy of the completed movement document for six months and during that period produce it to an inspector on request.”.

Insertion of article 24 E+W+S

7.  After article 23 insert—

“24.    Review

(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision in this Order, and

(b) publish a report setting out the conclusions of the review.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory provision,

(b) assess the extent to which those objectives are achieved,

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(3) The first report under this article must be published before 6th April 2021.

(4) Subsequent reports under this article must be published at intervals not exceeding five years.

(5) In this article, “regulatory provision” has the meaning given by section 32(4) of the Small Business, Enterprise and Employment Act 2015(6).”.

Amendment of Schedule 1 E+W+S

8.  In Schedule 1 (movements off premises which are permitted during the standstill period)—

(a) in paragraph 7, for “regulation 12(2) of the Animal and Animal Products (Import and Export) (England and Wales) Regulations 2000” substitute “Part 1 of Schedule 2 of the Trade in Animals and Related Products Regulations 2011”(7);

(b) in paragraph 10(1), for “article 8(3)(b) of the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No 2) Order 2002” substitute “article 21 of the Pigs (Records, Identification and Movement) Order 2011”;

(c) in paragraph 12(8), for sub-paragraph (2)(d) substitute—

“(d) the person sending the animal must submit, in accordance with the terms of the licence under which the animal is moved, and without undue delay, a declaration that the animal is intended for sale for breeding”.

Amendment of Schedule 2 E+W+S

9.—(1) Schedule 2 (movements on to premises that do not trigger the standstill period) is amended as follows.

(2) In the heading before paragraph 1 and in paragraph 1, for “the Animals Gatherings Order 2003” substitute “the Animal Gatherings Order 2010”(9).

(3) In the heading before paragraph 3, for “the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No 2) Order 2002” substitute “the Pigs (Records, Identification and Movement) Order 2011”.

(4) In paragraph 3, for “article 8(3)(b) of the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No 2) Order 2002” substitute “article 21 of the Pigs (Records, Identification and Movement) Order 2011”.

(5) In paragraph 4—

(a) in sub-paragraphs (1) and (2), for “article 8(3)(b) of the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No 2) Order 2002” substitute “article 21 of the Pigs (Records, Identification and Movement) Order 2011”;

(b) in sub-paragraph (1)(e), for “signs and sends to the local authority”, substitute “submits, in accordance with the terms of the licence under which the pig is moved, and”;

(c) in sub-paragraph (2)(b)—

(i) for “sent”, substitute “submitted”;

(ii) omit “above to the local authority”;

(6) In paragraphs 7(2)(c) and 8(2)(b)(10), for “sign and send to the local authority” substitute “submit, in accordance with the terms of the licence under which the animal is moved, and”.

George Eustice

Minister of State

Department for Environment, Food and Rural Affairs

1st March 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Disease Control (England) Order 2003 (S.I. 2003/1729).

The main purpose of this Order is to clarify that certain requirements relating to the reporting of movements and movement documents, as set out in article 6 of this Order, apply to deer only.

Article 7 inserts a review provision into the 2003 Order.

The amendments in articles 8 and 9 reflect minor changes to the way in which keepers report and make declarations in support of movements of rams, bulls and pigs for breeding purposes.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

(1)

1981 c.22.

(2)

Functions conferred under this Act on the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), article 2.

(3)

S.I. 2003/1729; the relevant amending instrument is S.I. 2005/3100.

(4)

S.I. 2013/2996, to which there are amendments not relevant to this Order.

(5)

S.I. 2011/2154, to which there is an amendment not relevant to this Order.

(6)

2015 c. 26.

(7)

S.I. 2011/1197, to which there are amendments not relevant to this Order.

(8)

Paragraph 12 was amended by S.I. 2005/3100.

(9)

S.I. 2010/460, to which there are amendments not relevant to this Order.

(10)

Paragraphs 7 and 8 were amended by S.I. 2005/3100.