Article 3
1. African horse sickness virusN.I.
Commencement Information
I1Sch. 1 para. 1 in operation at 30.8.2008, see art. 1
2. African swine fever virusN.I.
Commencement Information
I2Sch. 1 para. 2 in operation at 30.8.2008, see art. 1
3. Aujeszky’s disease virusN.I.
Commencement Information
I3Sch. 1 para. 3 in operation at 30.8.2008, see art. 1
4. Avian influenza viruses that are —N.I.
(a)uncharacterised;
(b)Type A viruses which have an intravenous pathogenicity index in six-week-old chickens of greater than 1.2; or
(c)Type A viruses H5 or H7 subtype for which nucleotide sequencing has demonstrated multiple basic amino acids at the cleavage site of hæmagglutinin
Commencement Information
I4Sch. 1 para. 4 in operation at 30.8.2008, see art. 1
5. Babesia bovisN.I.
Commencement Information
I5Sch. 1 para. 5 in operation at 30.8.2008, see art. 1
6. Babesia bigeminaN.I.
Commencement Information
I6Sch. 1 para. 6 in operation at 30.8.2008, see art. 1
7. Babesia caballiN.I.
Commencement Information
I7Sch. 1 para. 7 in operation at 30.8.2008, see art. 1
8. Bacillus anthracisN.I.
Commencement Information
I8Sch. 1 para. 8 in operation at 30.8.2008, see art. 1
9. Bluetongue virusN.I.
Commencement Information
I9Sch. 1 para. 9 in operation at 30.8.2008, see art. 1
10. Bovine leucosis virusN.I.
Commencement Information
I10Sch. 1 para. 10 in operation at 30.8.2008, see art. 1
11. Brucella abortusN.I.
Commencement Information
I11Sch. 1 para. 11 in operation at 30.8.2008, see art. 1
12. Brucella melitensisN.I.
Commencement Information
I12Sch. 1 para. 12 in operation at 30.8.2008, see art. 1
13. Brucella ovisN.I.
Commencement Information
I13Sch. 1 para. 13 in operation at 30.8.2008, see art. 1
14. Brucella suisN.I.
Commencement Information
I14Sch. 1 para. 14 in operation at 30.8.2008, see art. 1
15. Burkholderia malleiN.I.
Commencement Information
I15Sch. 1 para. 15 in operation at 30.8.2008, see art. 1
16. Classical swine fever virusN.I.
Commencement Information
I16Sch. 1 para. 16 in operation at 30.8.2008, see art. 1
17. Cochliomyia hominivoraxN.I.
Commencement Information
I17Sch. 1 para. 17 in operation at 30.8.2008, see art. 1
18. Eastern and Western equine encephalomyelitis virusesN.I.
Commencement Information
I18Sch. 1 para. 18 in operation at 30.8.2008, see art. 1
19. Echinococcus multilocularisN.I.
Commencement Information
I19Sch. 1 para. 19 in operation at 30.8.2008, see art. 1
20. Echniococcus granulosusN.I.
Commencement Information
I20Sch. 1 para. 20 in operation at 30.8.2008, see art. 1
21. Ehrlichia ruminantiumN.I.
Commencement Information
I21Sch. 1 para. 21 in operation at 30.8.2008, see art. 1
22. Equine infectious anemia virusN.I.
Commencement Information
I22Sch. 1 para. 22 in operation at 30.8.2008, see art. 1
23. Foot and mouth disease virusN.I.
Commencement Information
I23Sch. 1 para. 23 in operation at 30.8.2008, see art. 1
24. Hendra disease virusN.I.
Commencement Information
I24Sch. 1 para. 24 in operation at 30.8.2008, see art. 1
25. Histoplasma farciminosumN.I.
Commencement Information
I25Sch. 1 para. 25 in operation at 30.8.2008, see art. 1
26. Japanese encephalitis virusN.I.
Commencement Information
I26Sch. 1 para. 26 in operation at 30.8.2008, see art. 1
27. Lumpy skin disease virusN.I.
Commencement Information
I27Sch. 1 para. 27 in operation at 30.8.2008, see art. 1
28. Maedi-VisnaN.I.
Commencement Information
I28Sch. 1 para. 28 in operation at 30.8.2008, see art. 1
29. Mycoplasma agalactiaeN.I.
Commencement Information
I29Sch. 1 para. 29 in operation at 30.8.2008, see art. 1
30. Mycoplasma capricolum sub species capripneumoniaeN.I.
Commencement Information
I30Sch. 1 para. 30 in operation at 30.8.2008, see art. 1
31. Mycoplasma mycoides sub species mycoides SC and mycoides LC variantsN.I.
Commencement Information
I31Sch. 1 para. 31 in operation at 30.8.2008, see art. 1
32. Mycoplasma mycoides var capriN.I.
Commencement Information
I32Sch. 1 para. 32 in operation at 30.8.2008, see art. 1
33. Newcastle disease (avian paramyxovirus type 1) viruses which are—N.I.
(a)uncharacterised; or
(b)have an intracerebral pathogenicity index in one-day-old chicks of 0.4 or more, when not less than 10 million 50% egg infectious doses (EID50) are administered to each bird in the test.
Commencement Information
I33Sch. 1 para. 33 in operation at 30.8.2008, see art. 1
34. Nipah disease virusN.I.
Commencement Information
I34Sch. 1 para. 34 in operation at 30.8.2008, see art. 1
35. Peste des petits ruminants virusN.I.
Commencement Information
I35Sch. 1 para. 35 in operation at 30.8.2008, see art. 1
36. Rabies virus and all viruses of the genus LyssavirusN.I.
Commencement Information
I36Sch. 1 para. 36 in operation at 30.8.2008, see art. 1
37. Rift Valley Fever virusN.I.
Commencement Information
I37Sch. 1 para. 37 in operation at 30.8.2008, see art. 1
38. Rinderpest virusN.I.
Commencement Information
I38Sch. 1 para. 38 in operation at 30.8.2008, see art. 1
39. St. Louis equine encephalomyelitis virusN.I.
Commencement Information
I39Sch. 1 para. 39 in operation at 30.8.2008, see art. 1
40. Sheep and goat pox virusN.I.
Commencement Information
I40Sch. 1 para. 40 in operation at 30.8.2008, see art. 1
41. Swine vesicular disease virusN.I.
Commencement Information
I41Sch. 1 para. 41 in operation at 30.8.2008, see art. 1
42. Teschen disease virusN.I.
Commencement Information
I42Sch. 1 para. 42 in operation at 30.8.2008, see art. 1
43. Theileria annulataN.I.
Commencement Information
I43Sch. 1 para. 43 in operation at 30.8.2008, see art. 1
44. Theileria equiN.I.
Commencement Information
I44Sch. 1 para. 44 in operation at 30.8.2008, see art. 1
45. Theileria parvaN.I.
Commencement Information
I45Sch. 1 para. 45 in operation at 30.8.2008, see art. 1
46. Trichinella spiralisN.I.
Commencement Information
I46Sch. 1 para. 46 in operation at 30.8.2008, see art. 1
47. Trypanosoma bruceiN.I.
Commencement Information
I47Sch. 1 para. 47 in operation at 30.8.2008, see art. 1
48. Trypanosoma congolenseN.I.
Commencement Information
I48Sch. 1 para. 48 in operation at 30.8.2008, see art. 1
49. Trypanosoma equiperdumN.I.
Commencement Information
I49Sch. 1 para. 49 in operation at 30.8.2008, see art. 1
50. Trypanosoma evansiN.I.
Commencement Information
I50Sch. 1 para. 50 in operation at 30.8.2008, see art. 1
51. Trypanosoma simiaeN.I.
Commencement Information
I51Sch. 1 para. 51 in operation at 30.8.2008, see art. 1
52. Trypanosoma vivaxN.I.
Commencement Information
I52Sch. 1 para. 52 in operation at 30.8.2008, see art. 1
53. Venezuelan equine encephalomyelitis virusN.I.
Commencement Information
I53Sch. 1 para. 53 in operation at 30.8.2008, see art. 1
54. Vesicular stomatitis virusN.I.
Commencement Information
I54Sch. 1 para. 54 in operation at 30.8.2008, see art. 1
55. West Nile virusN.I.
Commencement Information
I55Sch. 1 para. 55 in operation at 30.8.2008, see art. 1
56. The live virus causing viral hæmorrhagic disease of rabbitsN.I.
Commencement Information
I56Sch. 1 para. 56 in operation at 30.8.2008, see art. 1
Article 6
1.—(1) The inspector may be accompanied by such other persons as the inspector considers necessary.
(2) For the purposes of enforcing this Order an inspector may—
(a)take any necessary equipment or materials on to the premises;
(b)make such examination and investigation as may in any circumstances be necessary, and may direct that the premises, any part of the premises or anything in the premises be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation;
(c)take measurements or photographs or make recordings;
(d)take samples of any articles or substances, or the atmosphere (both on the premises and in the vicinity of the premises);
(e)cause any article or substance to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary for the purpose of the process or test);
(f)take possession of any article or substance and detain it for so long as is necessary—
(i)to examine it and do to it anything that the inspector has power to do;
(ii)to ensure that it is not tampered with before the examination is completed;
(iii)to ensure that it is available for use as evidence in any civil or criminal proceedings;
(g)require any person whom the inspector has reasonable cause to believe to be able to give any information (including that person’s name and address) relevant to any examination or investigation, to answer (in the absence of persons other than a person nominated by that person to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of the answers;
(h)require the production of, inspect, and take copies of any licence issued under this Order or any record, or remove it to enable it to be copied and examined;
(i)require any person to afford such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred by this Schedule;
(j)have access to, inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford such assistance as may reasonably be required and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away.
(3) An inspector who proposes to exercise the power conferred by sub-paragraph (2)(e) in the case of an article or substance found in any premises must, if so requested by a person who at the time is present in and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.
(4) Before exercising the power conferred by sub-paragraph (2)(e) in the case of any article or substance, an inspector must consult such persons as appear appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything proposed to be done under that power.
(5) Where an inspector takes possession of any article or substance found in any premises, the inspector must leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that it has been taken under that power; and before taking possession of any such substance under that power an inspector must, if it is practicable to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.
(6) No answer given by a person in pursuance of a requirement imposed under sub-paragraph (2)(g) is admissible in evidence against that person or the spouse or civil partner of that person in any proceedings.
Commencement Information
I57Sch. 2 para. 1 in operation at 30.8.2008, see art. 1
2.—(1) Where an inspector has reasonable grounds for suspecting that a specified animal pathogen or a carrier is in the possession of a person who does not hold a licence required by this Order or in contravention of a condition of a licence granted under this Order, that inspector may at any time seize, or caused to be seized, such pathogen, carrier or any material in which the inspector reasonably suspects such pathogen to have been kept or into which they reasonably suspect it to be introduced.
(2) If the inspector considers it expedient to do so, that inspector may for the purpose of preventing the introduction or spreading of disease, detain, treat or destroy any pathogen, carrier or material seized.
Commencement Information
I58Sch. 2 para. 2 in operation at 30.8.2008, see art. 1
3.—(1) An inspector may, by notice served upon the occupier of any premises (including a dwelling house) or upon the owner or person in charge of any vehicle by which a specified pathogen, carrier or material is or has been present in contravention of this Order or of a licence issued under it, require the person on whom the notice was served to cleanse and disinfect such premises, place or vehicle in such manner as that inspector may by such notice specify at the expense of the person on whom the notice is served.
(2) Where the requirements of such a notice have not been complied with, the inspector may carry out or cause to be carried out the cleansing and disinfection specified in the notice at the expense of the person on whom the notice has been served.
Commencement Information
I59Sch. 2 para. 3 in operation at 30.8.2008, see art. 1
4. Any person acting under the authority of a licence issued under this Order, shall on demand made by an officer of Her Majesty’s Customs and Excise, an inspector or by a member of the Police Service of Northern Ireland produce the licence and allow a copy thereof or an extract therefrom to be taken and shall, also on such demand, furnish his name and address.
Commencement Information
I60Sch. 2 para. 4 in operation at 30.8.2008, see art. 1