Animal Health Act 1981

[F1 Enforcement E+W

Textual Amendments

F1 Pt. 2A (ss. 36A-36M) inserted (14.1.2003) by 2002 c. 42, s. 6, Sch.; S.I. 2002/3044, art. 2

36E Secretary of State’s powers of enforcement E+W

(1) This section applies if the Secretary of State is satisfied that a person to whom a restriction notice has been given has failed to comply with one or more of the restrictions or requirements imposed on him by section 36C.

(2) But it does not apply in relation to any sheep—

(a) which is the subject of an appeal under section 36D which has not been disposed of, or

(b) which, as the result of a successful appeal, is no longer subject to the restriction notice.

(3) The Secretary of State may take such reasonable steps as he considers appropriate to secure that the failure is remedied.

(4) In particular, the Secretary of State may cause to be castrated (or as appropriate sterilised) or slaughtered any sheep—

(a) which is the subject of the notice, but

(b) which has neither been castrated (or as appropriate sterilised) nor slaughtered within the period mentioned in section 36C(9)(b).

(5) The Secretary of State may make regulations supplementing the provisions of this section.

36F Offences E+W

(1) A person to whom a restriction notice is given commits an offence (whether or not the notice is the subject of an appeal) if—

(a) he sells (or otherwise transfers to another person) a sheep to which the notice applies, or any of its semen, eggs or embryos;

(b) he fails, without reasonable excuse (proof of which lies on him) to comply with any of the restrictions or requirements imposed by subsections (7) to (9) of section 36C.

(2) Any other person commits an offence if he uses any semen, egg or embryo which he knows, or has reasonable cause to believe, has been taken from a sheep which is the subject of a restriction notice.

(3) A person commits an offence if, without reasonable excuse (proof of which lies on him), he fails to comply with any provision of regulations made under section 36B.

(4) A person commits an offence if he obstructs an inspector or any other person discharging, or attempting to discharge, functions conferred by or under this Part.]