Animal Health Act 1981

Cleansing and movement E+W+S

7 Cleansing and disinfection. E+W+S

(1) The Ministers may make such orders as they think fit—

(a) for prescribing and regulating the cleansing and disinfection of places used for the holding of markets, fairs, exhibitions, or sales of animals, or for lairage of animals, and yards, sheds, stables, and other places used for animals;

(b) for prescribing and regulating the cleansing and disinfection of vessels, aircraft, vehicles, and pens and other places, used for the carrying of animals for hire or connected purposes;

(c) for prescribing and regulating the disinfection of the clothes of persons coming in contact with or employed about diseased or suspected animals and the use of precautions against the spreading of disease by such persons;

(d) for prescribing modes of cleansing and disinfection.

(2) The Ministers may by orders prescribe and regulate the cleansing and disinfection of receptacles or vehicles used for the conveyance or exposure for sale of poultry.

8 Movement generally. E+W+S

(1) The Ministers may make such orders as they think fit—

(a) for prescribing and regulating [F1 —

(i) in relation to England or Wales, the means of identifying animals, and

(ii) in relation to Scotland, the marking of animals,]

(b) for prohibiting or regulating the movement of animals, and the removal of carcases, fodder, litter, dung and other things, and for prescribing and regulating the isolation of animals newly purchased;

(c) for prescribing and regulating the issue and production of licences respecting movement and removal of animals and things;

(d) for prohibiting, absolutely or conditionally, the use, for the carrying of animals or for any connected purpose, of a vessel, aircraft, vehicle, or pen or other place in respect of which or the use of which a penalty has been recovered from any person for an offence against this Act;

(e) for prohibiting or regulating [F2 the holding of markets, fairs, exhibitions and sales of animals] [F2 animal gatherings].

[F3 (1A) Provision made under subsection (1)(a) made by the Secretary of State or the Welsh Ministers may bind the Crown.]

[F4 (1A) In subsection (1)(e), “ animal gatherings ” has the same meaning as it has in section 8A. ]

(2) A person is guilty of an offence against this Act if, where an order of the Minister absolutely or conditionally prohibits the use of a vessel, aircraft, vehicle or pen, or other place, for the carrying of animals or for any connected purpose, he, without lawful authority or excuse, proof of which shall lie on him, does anything so prohibited.

Textual Amendments

F1 Words in s. 8(1)(a) substituted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), ss. 34(2)(a), 57(1)(b)(c)(6)

F2 Words in s. 8(1)(e) substituted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 1(a) (with s. 54); S.S.I. 2006/482, art. 2

F3 S. 8(1A) inserted (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), ss. 34(2)(b), 57(1)(b)(c)(6)

F4 S. 8(1A) inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), s. 55(1), Sch. 2 para. 1(b) (with s. 54); S.S.I. 2006/482, art. 2

[F5 8A Animal gatherings: Scotland S

(1) The Scottish Ministers may by order make provision for or in connection with the licensing (by them or by other persons on their behalf) of the holding of animal gatherings.

(2) An order under subsection (1) must be with a view to the prevention of the spread of disease.

(3) In this section, an “animal gathering” means an occasion at which animals or birds (or both) are brought together for any purpose.

(4) But, for the purposes of subsection (3), an occasion is not an animal gathering if—

(a) all the animals or birds involved are owned by the same person; or

(b) the occasion—

(i) takes place on land in respect of which more than one person has a right of use; and

(ii) involves animals or birds all of which are owned by persons who have a right of use of the land.

(5) An order under subsection (1) may, in particular, include provision as to—

(a) the procedure to be followed in relation to an application for a licence;

(b) any considerations to be taken into account in determining an application;

(c) the duration and renewal of a licence;

(d) conditions that must or may be imposed on granting or renewing a licence;

(e) circumstances in which a licence (or any of the conditions imposed in relation to the licence) must or may be revoked or suspended;

(f) requirements for notification of any granting, renewal, revocation, suspension or variation of a licence;

(g) appeals in connection with licences.

(6) An order under subsection (1) may, in particular, also include provision as to the inspection, for the purpose of ensuring compliance with any condition of a licence, of premises where animal gatherings may take, or are taking or have taken, place.

(7) Conditions under subsection (5)(d) may, in particular, relate to measures for the prevention of the spread of disease.

(8) A person who holds a licence in accordance with an order made under subsection (1) commits an offence if, without excuse (proof of which lies on the person), that person contravenes any condition of the licence.

(9) A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(10) An order under subsection (1) may make different provision for different cases or classes of case.

(11) Before making an order under subsection (1), the Scottish Ministers must consult—

(a) such persons appearing to them to represent relevant interests; and

(b) such other persons,

as they consider appropriate.

(12) In this section, “premises” includes—

(a) any land or building; or

(b) any other place, in particular—

(i) a vehicle or vessel; or

(ii) a tent or moveable structure.]

Textual Amendments

F5 S. 8A inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 6, 55(1) (with s. 54); S.S.I. 2006/482, art. 2