foot-and-mouth disease;

such other disease as the authority by order specifies.

must send a copy of the draft to such persons and organisations as the authority thinks are representative of those having an interest in the arrangements;

must consider any representations made to the authority about the draft by such persons and organisations;

may amend the draft accordingly.

lay the plan before Parliament (unless subsection (9) applies);

publish it in such manner as the authority thinks likely to bring it to the attention of persons who may be affected by the arrangements.

the Secretary of State in relation to England;

the Secretary of State and the National Assembly for Wales acting jointly in relation to Wales (except for the purposes of subsection (1)(b));

the National Assembly for Wales in relation to Wales for the purposes of subsection (1)(b).

as far as practicable keep that animal separate from animals not so affected; and

with all practicable speed give notice of the fact of the animnal being so affected to a constable of the police force for the police area in which the animal is so affected.

he believes on reasonable grounds that another person has given notice under this section in respect of that animal, or

he is exempted from doing so by an order under section 1 above,

the separation of diseased poultry from poultry not affected with disease; and

the notification of disease in, or illness of, poultry.

to keep an animal separate so far as practicable; or

to give notice of disease with all practicable speed.

which has been in contact with a diseased animal or bird, or

which appears to the Ministers to be or to have been in any way exposed to the infection of disease; or

which is in an infected area.

which is requisite for enabling the appropriate treatment to be administered, or

which is otherwise required in connection with that treatment,

a statement as to whether any representations have been made by the occupier of the land or premises to an inspector concerning the purpose for which the warrant is sought;

a summary of any such representations.

he has been informed of the decision to seek entry to the premises and of the reasons for that decision;

he has failed to allow entry to the premises on being requested to do so by an inspector;

he has been informed of the decision to apply for the warrant.

the premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or

an application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises.

such other persons as he thinks necessary to give him such assistance as he thinks necessary;

such equipment as he thinks necessary.

the occupier of the premises;

a person appearing to the inspector to have charge of animals on the premises;

a person appearing to the inspector to be under the direction or control of a person mentioned in paragraph (a) or (b).

serve a copy of the warrant on the occupier of the premises, or (if the occupier is not on the premises)

leave a copy of the warrant in a conspicuous place on the premises.

a copy of the warrant;

a copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the inspector and any other person entering the premises with him.

he is required to give assistance under subsection (10), and

he fails to give it.

which has been in contact with a diseased animal or bird, or

which appears to the Ministers to be or to have been in any way exposed to the infection of disease; or

which is in an infected area.

which is requisite for enabling the appropriate treatment to be administered, or

which is otherwise required in connection with that treatment,

which is required to enable any such animal to be slaughtered, or

which is otherwise required in connection with the slaughter.

if the animal was affected with foot-and-mouth disease the compensation is the value of the animal immediately before it became so affected;

in any other case the compensation is the value of the animal immediately before it was slaughtered.

respecting the existence or past existence of disease, or

respecting the limits of a place, or

respecting any other matter of fact on which the declaration proceeded,

a place or an area or a portion of an area is declared free from a disease, or

a declaration of a place being an infected place is cancelled as regards the place or as regards any part of it,

declaring a place to be an infected place or area, or

declaring a place or area, or a portion of an area, to be free from disease, or

cancelling a declaration,

authorising any person to enter any land (other than a dwellinghouse) for the purpose of carrying out, or of deciding whether to carry out, the destruction there of animals in accordance with the order;

authorising the erection of fences or other obstacles to restrict the movement of animals into and out of an area where destruction is carried out;

regulating the ownership and disposal of the carcases of animals destroyed in accordance with the order;

prohibiting any person obstructing the destruction of animals in accordance with the order and from interfering with the carcases of animals destroyed;

authorising the use of methods of destruction which would otherwise be unlawful.

requiring notice to be given, in such circumstances as may be prescribed by the order, of the death in an area declared to be so infected of such domestic or wild mammals as may be prescribed;

regulating the ownership and disposal of the carcases of animals whose deaths are required to be notified by virtue of paragraph (a) above;

requiring and regulating the vaccination, confinement and control in such area of such domestic mammals and mammals held in captivity as may be prescribed by the order;

authorising the seizure and detention and the disposal or destruction of any animal in respect of which any provision made by virtue of paragraph (c) above is not complied with;

authorising any person to enter any land for the purpose of seizing or destroying any animal in pursuance of the order.

for the division of an area into zones (whether defined by reference to distance from the places within the area where diseased animals have been found or otherwise); and

for the consequences which may follow a declaration to be different for different zones.

applies to any disease other than rabies which is for the time being a disease for the purposes of section 1(a) above; and

is without prejudice to any powers conferred by other provisions of this Act on the Minister, the appropriate Minister and the Ministers.

that there exists among the wild members of one or more species in the area a disease to which this section applies which has been or is being transmitted from members of that or those species to animals of any kind in the area, and

that destruction of wild members of that or those species in that area is necessary in order to eliminate, or substantially reduce the incidence of, that disease in animals of any kind in the area,

the area to which it applies;

the disease to which it applies; and

the one or more species to which it relates.

for regulating the ownership and disposal of the carcases of members of any such species destroyed in the area to which the order relates.

the occupier of the land, and

any other person who may be there,

for preventing the movement of living creatures into or out of the area or any part of the area to which the order applies while destruction of wild members of any species to which the order relates is being carried out in the area; and

where destruction of wild members of any such species has been or is to be carried out in any part of that area, for preventing the recolonisation of that part by members of that species for as long as he considers necessary to prevent reappearance among them of the disease to which the order applies.

remove from the land anything placed or erected on it; and

take such other steps as are reasonably practicable to reinstate the land.

an officer of the appropriate Minister,

a veterinary inspector, and

any person who, not being such an officer or inspector, is authorised by the appropriate Minister to exercise the powers conferred by this section,

take samples of the wild members of that species, or of their excreta, or of any materials (whether or not forming part of the land) with which wild members of that species may have been in contact;

carry out any other investigations which he considers necessary for the purpose of determining, as regards that species and that disease, whether an order under section 21 should be made in respect of the whole or part of the area in question.

to carry out the destruction of any wild members of a species to which the order relates that may be on that land;

to take any such measures as are mentioned in subsection (7) of that section;

to ascertain, as regards any wild members of a species to which the order relates, whether destruction has been effectively carried out.

whether the land has been or is being recolonised by wild members of that species, and, if so,

whether there exists among them the disease to which the order applies (or, if the order has been revoked, to which it previously applied),

produce to him some duly authenticated document showing his authority; and

state in writing his reasons for entering.

shall not demand admission as of right to any land forming part of a nature reserve (within the meaning of section 15 of the National Parks and Access to the M1Countryside Act 1949) maintained or managed by F11a Nature Conservancy Council under section 132 of the Environmental Protection Act 1990F12or by Scottish Natural Heritage under section 4(7) of the Natural Heritage (Scotland) Act 1991unless 7 days’ notice of the intended entry has been given to the Council; and

in exercising any of his powers under subsection (2), (3) or (4) above on any such land shall, as far as possible, do so in accordance with such reasonable requirements for minimising damage to flora, fauna or geological or physiographical features within the reserve as may have been notified by the Council to the appropriate Minister.

while exposed for sale or exhibited in a market, fair, sale-yard, place of exhibition, or other place; or

while placed in a lair or other place before exposure for sale; or

while in transit or in course of being moved by land, water or air; or

while being in a slaughter-house or place where animals are slaughtered or are kept with a view to slaughter; or

while being on common or unenclosed land; or

generally, while being in a place not in the possession or occupation or under the control of the owner of the animals.

as well with regard to the animals as with regard to the places where they are when so found, and other places; and

with regard to animals being or having been in the same shed or stable, herd or flock as, or in contact with, animals so found.

any provision of this Act requiring the declaration of a place infected with pleuro-pneumonia or foot-and-mouth disease, or relating to any consequence of such a declaration, or to any matter connected with such a declaration; and

any other provision whatsoever of this Act.

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

any animals, or

any animals of a specified kind.

for such period as it thinks necessary to enable arrangements to be made for the keeping of any animals to which the disqualification relates;

pending an appeal.

refuse the application,

remove the disqualification, or

vary the disqualification to apply it only to such animals or kind of animals as it specifies.

the nature of the offence in respect of which the disqualification was imposed;

the character of the applicant;

his conduct since the disqualification was imposed.

having custody or control of an animal;

being concerned in the management or control of a body (whether or not incorporated) whose activities include keeping or dealing in animals.

provide for any provision of this Act which has effect in relation to the disease to have that effect in relation to the disease so designated subject to such modifications as may be specified in the order;

apply any provision of this Act, subject to any modifications so specified, in relation to the presence of the organism in an animal as if the presence of the organism were a disease to which this Act applied.

affected with a disease designated under this section, or

a carrier of an organism so designated,

an animal affected with a disease designated under section 29 above, or

an animal which is a carrier of an organism so designated,

enter the land and make such tests and take such samples of any animal, feeding stuff, litter, dung, vessel, pen, vehicle or other thing whatsoever which is on or forms part of the land as he thinks appropriate for the purpose of ascertaining whether such an animal is or has been on the land; and

require the owner or person having charge of any animals on the land to take such reasonable steps as the inspector may specify for the purpose of collecting or restraining them so as to facilitate the exercise in relation to them of the powers conferred on the inspector by paragraph (a) above.

fails to comply with a requirement imposed on him by virtue of section 29 and this section; or

in purported compliance with a requirement to furnish information which is imposed on him by virtue of section 29 and this section, knowingly or recklessly furnishes information which is false in a material particular.

is affected or suspected of being affected with any disease to which this section applies; or

has been exposed to the infection of any such disease.

“animals” includes horses;

“disease” is not restricted by its definition in this Act.

authorising or requiring the slaughter of animals to be caused with a view to preventing the spread of disease other than foot-and-mouth disease;

requiring the payment of compensation in respect of animals slaughtered by virtue of the order.

amendments corresponding to those made by section 1 of the Animal Health Act 2002;

amendments as to slaughter in relation to any disease not referred to in Schedule 3 (apart from the order);

supplementary or incidental provisions (including amendments of provisions other than Schedule 3).

paragraph 3(1)(c) of Schedule 3;

such other provision of that Schedule (as amended by an order under section 32A(1)(a)) as the Secretary of State by order specifies;

such other provisions of this Act relating to the control of disease as the Secretary of State by order specifies.

the purposes for which any power to which this section applies will be exercised;

the principal factors to be taken into account in deciding whether to exercise the power;

the procedure to be followed in deciding whether in any circumstances or description of circumstances the power is to be exercised, which shall include the application of such methods of detecting disease in animals as may be available;

the procedure to be followed by persons who have functions in relation to the exercise of the power;

the means by which a particular decision to exercise the power may be reviewed.

must send a copy of the draft to such persons and organisations as he thinks are representative of those having an interest in the exercise of the power;

must consider any representations made to him about the draft by such persons and organisations;

may amend the draft accordingly.

paragraph 3(1)(c) of Schedule 3;

any other provision of that Schedule as amended by an order under section 32A(1)(a).

for the exercise of the power;

for not exercising his power under section 16 to cause animals to be treated with serum or vaccine.

for prescribing the mode of ascertainment of the value of an animal slaughtered, or liable to be slaughtered, at their direction;

for regulating applications for, and the mode of payment of, compensation;

for prescribing and regulating the destruction, burial, disposal or treatment of carcases of animals slaughtered at their direction,

for the seizure of anything, whether animate or inanimate, by or by means of which it appears to them that any disease to which this subsection applies might be carried or transmitted, and

for the destruction, burial, disposal or treatment of anything seized under the order,

to cattle plague, pleuro-pneumonia, foot-and-mouth disease F23, swine-fever and transmissible spongiform encephalopathies, and any disease within the meaning of section 32 above to which that section for the time being applies F24and any disease in respect of which an order under section 32A is in force; and

to any disease as defined in relation to poultry by or under section 88 below.

for prescribing and regulating the destruction, burial, disposal or treatment of carcases of animals dying while diseased or suspected;

for prescribing and regulating the destruction, burial or disposal of anything seized under subsection (1);

for prohibiting or regulating the digging up of carcases which have been buried.

throws or places, or causes or suffers to be thrown or placed, into any river, stream, canal, navigation, or other water, or into the sea within 4.8 kilometres of the shore, the carcase of an animal which has died of disease, or been slaughtered as diseased or suspected; or

digs up, or causes to be dug up, a carcase buried under the direction of the Minister or of a local authority or of a receiver of wreck.

for the seizure of anything, whether animate or inanimate, by or by means of which it appears to them that any disease to which this subsection applies might be carried or transmitted, and

for the destruction, burial, disposal or treatment of anything seized under the order,

to cattle plague, pleuro-pneumonia, foot-and-mouth disease and swine-fever, and any disease within the meaning of section 32 above to which that section for the time being applies ; and

to any disease as defined in relation to poultry by or under section 88 below.

for prescribing and regulating the destruction, burial, disposal or treatment of carcases of animals dying while diseased or suspected;

for prescribing and regulating the destruction, burial or disposal of anything seized under subsection (1);

for prohibiting or regulating the digging up of carcases which have been buried.

throws or places, or causes or suffers to be thrown or placed, into any river, stream, canal, navigation, or other water, or into the sea within 4.8 kilometres of the shore, the carcase of an animal which has died of disease, or been slaughtered as diseased or suspected; or

digs up, or causes to be dug up, a carcase buried under the direction of the Minister or of a local authority or of a receiver of wreck.

for anything seized under an order made by virtue of section 35(1) above for the purpose of preventing the spread of foot-and-mouth disease;

for anything seized under such an order for the purpose of preventing the spread of any other disease to which section 35(1) applies, except the carcase of F28or anything obtained from or produced by any animal or bird affected with that disease.

for prescribing how the value of anything seized under section 35(1) is to be ascertained;

for regulating applications for, and the mode of payment of, any compensation payable by virtue of this section;

for prescribing and regulating the destruction, burial or disposal of anything seized under section 35(1).