Search Legislation

Animal Health Act 1981

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

Point in time view as at 02/01/2018.

Changes to legislation:

There are currently no known outstanding effects for the Animal Health Act 1981, Cross Heading: Interpretation, functions, and orders etc.. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Interpretation, functions, and orders etc.E+W+S

86 Ministers and their functions.E+W+S

(1)In this Act—

(a)the Minister” means, in relation to the whole of Great Britain, the Minister of Agriculture, Fisheries and Food, and “Ministry” shall be construed accordingly,

(b)the appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or to Wales, the Secretary of State,

(c)the Ministers” means, in relation to the whole of Great Britain, the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly,

but in the case of any function under the following provisions of this Act—

(i)section 21, so far as it is applicable in relation to brucellosis, tuberculosis, dourine or infestation with maggot of the warble fly,

(ii)any other provision so far as it is applica ble in relation to brucellosis, brucellosis melitensis, tuberculosis or infestation of cattle with the maggot of the warble fly,

that function, notwithstanding that it is expressed to be exercisable by the Minister or the Ministers, shall be exercisable only by the appropriate Minister.

(2)The powers and duties conferred and imposed by this Act on the Minister shall be executed and discharged by F1. . . this Act.

Textual Amendments

F1Words in s. 86(2) repealed (27.3.2002) by S.I. 2002/794, art. 5(2), Sch. 2 (with art. 6)

87 Meaning of “animals” and “poultry”.E+W+S

(1)In this Act, unless the context otherwise requires, “animals” means—

(a)cattle, sheep and goats, and

(b)all other ruminating animals and swine,

subject to subsections (2) and (3) below.

(2)The Ministers may by order for all or any of the purposes of this Act extend the definition of “animals” in subsection (1) above so that it shall for those or any of those purposes comprise—

(a)any kind of mammal except man; and

(b)any kind of four-footed beast which is not a mammal.

(3)The Ministers may by order for all or any of the purposes of this Act (except so far as it relates to disease) extend the definition of “animals” in subsection (1) so that it shall for those or any of those purposes comprise—

(a)fish, reptiles, crustaceans, or

(b)other cold-blooded creatures of any species,

not being creatures in respect of which an order can be made under subsection (2) above.

(4)In this Act, subject to subsection (5) below and unless the context otherwise requires, “poultry” means birds of the following species—

(a)domestic fowls, turkeys, geese, ducks, guinea-fowls and pigeons, and

(b)pheasants and partridges,

and subject to the provisions mentioned below, this Act has effect in relation to poultry as it has effect in relation to animals.

The provisions of this Act referred to above are sections [F215(5), 32(4), and 63(9)].

(5)The Ministers may by order for all or any of the purposes of this Act, in so far as it applies to poultry—

(a)extend the definition of “poultry” in subsection (4) above so that it shall for those or any of those purposes comprise any other species of bird; or

(b)restrict that definition so that it shall for those or any of those purposes exclude any of the species of bird mentioned in paragraph (b) of subsection (4).

Textual Amendments

Modifications etc. (not altering text)

C3S. 87 definitions extended (W.) (30.3.2007) by Welfare of Animals (Transport) (Wales) Order 2007 (S.I. 2007/1047), arts. 1, 3

C4S. 87(1) extended by S.I. 1989/285, art. 2(a)

C5S. 87(1) extended by S.I. 1991/1155, art. 2(1)

S. 87(1): definition of “animals” extended (W.) (21.7.2001) by S.I. 2001/2662, art. 1(3)(a)

C6S. 87(1) extended for certain purposes (1.1.1993) by S.I. 1992/3303, art. 2(a)

C7S. 87(1) extended for certain purposes (1.1.1993) by S.I. 1992/3304, art. 2(a)

C8Definition of “animal” extended for certain purposes (1.1.1993) by S.I. 1992/3159, art. 2(2)

Definition of “animal” extended (23.1.1995) by S.I. 1994/3141, art. 1(2)(a)

Definition of “animal” extended (1.8.1996) by S.I. 1996/2007, art. 3(a)

Definition of “animal”extended (21.10.1996) by S.I. 1996/2628, arts. 3(1)(a), 4(1)(a)

Definition of “animal” extended (24.1.1997) by S.I. 1996/3183, art. 3(a)

Definition of “animal” extended (23.1.1995) by S.I. 1994/3249, art. 1(2)(a)

Definition of “animal” extended (1.4.1999) by S.I. 1999/646, art. 2(a)

C13S. 87(1) definition extended (W.) (1.2.2006) by The Foot-and-Mouth Disease (Wales) Order 2006 (S.I. 2006/179), arts. 1(2), 2(a)

C14S. 87(1) definition extended (S.) (23.2.2006) by The Foot-and-Mouth Disease (Scotland) Order 2006 (S.S.I. 2006/44), arts. 1(1), 3

C15S. 87(1) definition extended (E.) (23.2.2006) by The Foot-and-Mouth Disease (England) Order 2006 (S.I. 2006/182), arts. 1(2), 3(a)

C19S. 87(1) definition extended (S.) (1.7.2012) by The African Horse Sickness (Scotland) Order 2012 (S.S.I. 2012/178), arts. 1(b), 3(a) (with art. 4)

C20S. 87(2) extended (W.) (11.2.2002) (temp. until 1.12.2002) by S.I. 2002/280, arts. 1, 14

S. 87(2) extended (W.) (11.2.2002) (temp. until 1.12.2002) by S.I. 1995/11, art. 20 (as inserted by S.I. 2002/281, arts. 1, 2(1)(10))

S. 87(2) extended (E.) (11.2.2002) (temp. until 1.12.2002) by S.I. 2002/242, arts. 1, 14

C21S. 87(4) extended by S.I. 1989/285, art. 2(b)

C22S. 87(4) extended for certain purposes (1.1.1993) by S.I. 1992/3303, art. 2(b)

C23S. 87(4) extended for certain purposes (1.1.1993) by S.I. 1992/3304, art. 2(b)

S. 87(4): definition of “poultry” extended (W.) (21.7.2001) by S.I. 2001/2662, art. 1(3)(b)

Definition of “poultry” extended (1.1.1995) by S.I. 1994/3141, art. 2(1)(a)

Definition of “poultry” extended (23.1.1995) by S.I. 1994/3249, art. 1(2)(b)

Definition of “poultry” extended (1.8.1996) by S.I. 1996/2007, art. 3(b)

Definition of “poultry” extended (21.10.1996) by S.I. 1996/2628, art. 4(1)(b)

Definition of “poultry” extended (21.1.1997) by S.I. 1996/3183, art. 3(b)

Definition of “poultry”extended (1.4.1999) by S.I. 1999/646, art. 2(b)

C25S. 87(4) definition extended (W.) (12.4.2003) by Diseases of Poultry (Wales) Order 2003 (S.I. 2003/1079), arts. 1(1), 2(1)

C26S. 87(4) definition extended (E.) (30.4.2003) by Diseases of Poultry (England) Order 2003 (S.I. 2003/1078), arts. 1(1), 2(1)

C29S. 87(4) definition extended (W.) (1.2.2006) by The Foot-and-Mouth Disease (Wales) Order 2006 (S.I. 2006/179), arts. 1(2), 2(b)

C30S. 87(4) definition extended (S.) (23.2.2006) by The Foot-and-Mouth Disease (Scotland) Order 2006 (S.S.I. 2006/44), arts. 1(1), 3

C31S. 87(4) definition extended (E.) (23.2.2006) by The Foot-and-Mouth Disease (England) Order 2006 (S.I. 2006/182), arts. 1(2), 3(b)

C32S. 87(4) definition extended (S.) (5.4.2006 at midnight) by Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2006 (S.S.I. 2006/196), arts. 1(1), 3

88 Meaning of “disease”.E+W+S

(1)In this Act, unless the context otherwise requires, “disease” means cattle plague, pleuro-pneumonia, foot-and-mouth disease, sheep-pox, sheep scab, or swine fever, subject to subsection (2) below.

(2)The Ministers may by order for all or any of the purposes of this Act extend the definition of “disease” in subsection (1) above so that it shall for those or any of those purposes comprise any other disease of animals.

(3)In this Act, in so far as it applies to poultry, and unless the context otherwise requires, “disease” means—

(a)fowl pest in any of its forms, including Newcastle disease and fowl plague; and

(b)fowl cholera, infectious bronchitis, infectious laryngotracheitis, pullorum disease, fowl typhoid, fowl pox and fowl paralysis,

subject to subsection (4) below.

(4)The Ministers may by order for all or any of the purposes of this Act—

(a)extend the definition of “disease” in subsection (3) above so that it shall for those or any of those purposes comprise any other disease of birds; or

(b)restrict that definition so that it shall for those or any of those purposes exclude any of the diseases mentioned in paragraph (b) of subsection (3).

Modifications etc. (not altering text)

C35S. 88(1): extended by S.I. 1991/1155, art. 2(b)

S. 88(1): definition of “disease” extended (W.) (21.7.2001) by S.I. 2001/2662, art. 1(3)(c)

Definition of “disease” extended (1.1.1995) by S.I. 1994/3141, art. 2(b)

S. 88(3) restricted (1.1.1995) by S.I. 1994/3141, art. 2(b)

Definition of “disease” extended (1.8.1995) by 1995/1755, art. 2

Definition of “disease” extended (1.8.1996) by 1996/2007, art. 2

Definition of “disease” extended (21.10.1996) by 1996/2628, arts. 3(1)(b), 4(1)(c), Sch. 1 Pt. I

Definition of “disease” extended (24.1.1997) by S.I. 1996/3183, art. 2

Definition of “disease” extended (1.4.1999) by S.I. 1999/646, art. 2(c)

C36S. 88(1) definition extended (S.) (19.2.2003) by Bluetongue (Scotland) Order 2003 (S.S.I. 2003/91), arts. 1(1), 3

C37S. 88(1) definition extended (W.) (19.2.2003) by Bluetongue (Wales) Order 2003 (S.I. 2003/326), arts. 1(1), 3 (with art. 4)

C38S. 88(1) definition extended (E.) (19.2.2003) by Bluetongue Order 2003 (S.I. 2003/130), arts. 1(1), 3

C43S. 88(1) definition extended (S.) (28.11.2003) by African Swine Fever (Scotland) Order 2003 (S.S.I. 2003/586), arts. 1(1), 2(3)

C44S. 88(1) definition extended (S.) (23.9.2005) by Tuberculosis (Scotland) Order 2005 (S.S.I. 2005/434), arts. 1(1), 4

C45S. 88(1) definition extended (E.) (27.3.2006) by Tuberculosis (England) Order 2006 (S.I. 2006/394), arts. 1(1)(b), 4 (with art. 24)

C48S. 88(1) definition extended (E.) (6.4.2007) by Tuberculosis (England) Order 2007 (S.I. 2007/740), arts. 1(1), 4

C49S. 88(1) definition extended (S.) (6.4.2007) by Tuberculosis (Scotland) Order 2007 (S.S.I. 2007/147), arts. 1(1), 3

C50S. 88(1) definition extended (W.) (2.11.2007 at 6.00 p.m.) by The Bluetongue (Wales) Order 2007 (S.I. 2007/3150), arts. 1, 3 (with art. 4)

C51S. 88(1) definition extended (W.) (23.11.2007 at 2.25 p.m.) by The Bluetongue (No. 2) (Wales) Order 2007 (S.I. 2007/3309), arts. 1, 3

C52S. 88(1) definition extended (E.) (23.11.2007) by Bluetongue (No.2) Order 2007 (S.I. 2007/3304), arts. 1, 3

C53S. 88(1) definition extended (S.) (11.2.2008) by Bluetongue (Scotland) Order 2008 (S.S.I. 2008/11), arts. 1(1), 5

C55S. 88(1) definition extended (S.) (26.6.2009) by Brucellosis (Scotland) Order 2009 (S.S.I. 2009/232), art. 3 (with art. 27)

C56S. 88(1) definition extended (W.) (25.5.2010) by The Tuberculosis (Wales) Order 2010 (S.I. 2010/1379), art. 6(1)

C57S. 88(1) definition extended (S.) (1.4.2012) by The Bovine Viral Diarrhoea (Scotland) Order 2012 (S.S.I. 2012/78), arts. 1(1), 3

C58S. 88(1) definition extended (S.) (1.7.2012) by The African Horse Sickness (Scotland) Order 2012 (S.S.I. 2012/178), arts. 1(b), 3(b) (with art. 4)

C59S. 88(1) definition extended (S.) (24.9.2012) by The Bluetongue (Scotland) Order 2012 (S.S.I. 2012/199), arts. 1(b), 7 (with art. 8)

C60S. 88(1) definition extended (S.) (9.2.2013) by The Bovine Viral Diarrhoea (Scotland) Order 2013 (S.S.I. 2013/3), arts. 1(1), 4 (with Sch.)

C61S. 88(3): definition of “disease” extended (W.) (21.7.2001) by S.I. 2001/2662, art. 1(3)(d)

C63S. 88(3) definition extended (W.) (12.4.2003) by Diseases of Poultry (Wales) Order 2003 (S.I. 2003/1079), arts. 1(1), 2(2)

C64S. 88(3) definition extended (E.) (30.4.2003) by Diseases of Poultry (England) Order 2003 (S.I. 2003/1078), arts. 1(1), 2(2)

89 Other interpretation provisions.E+W+S

(1)In this Act, unless the context otherwise requires—

  • aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft;

  • carcase” means the carcase of an animal and includes part of a carcase, and the meat, bones, hide, skin, hooves, offal or other part of an animal, separately or otherwise, or any portion thereof;

  • cattle” means bulls, cows, steers, heifers, and calves;

  • cattle plague” means rinderpest or the disease commonly called cattle plague;

  • the customs and excise Acts” has the meaning given by the M1Customs and Excise Management Act 1979;

  • diseased” means affected with disease;

  • “district”, when used with reference to a local authority, means the area for which the local authority exercises powers under this Act;

  • export quarantine station” has the meaning given by section 12(1) above;

  • fodder” means hay or other substance commonly used for food of animals;

  • horse” includes ass and mule;

  • imported” means brought to Great Britain from a country out of Great Britain;

  • inspector” means a person appointed to be an inspector for the purposes of this Act by the Minister or by a local authority, and, when used in relation to an officer of the Ministry, includes a veterinary inspector;

  • justice” means justice of the peace;

  • litter” means straw or other substance commonly used for bedding or otherwise for or about animals;

  • local authority” has the meaning given by section 50 above;

  • order of the Minister” means an order under this Act of the Minister, the appropriate Minister, or the Ministers, as the case may be;

  • pleuro-pneumonia” means contagious pleuro-pneumonia of cattle;

  • pony” means any horse not more than 147 centimetres in height, except a foal travelling with its dam if the dam is over 147 centimetres;

  • suspected” means suspected of being diseased;

  • swine-fever” means the disease known as typhoid fever of swine, soldier purples, red disease, hog cholera or swine-plague;

  • veterinary inspector” means a veterinary inspector appointed by the Minister.

(2)In the computation of time for the purposes of this Act, a period reckoned by days from the happening of an event or the doing of an act or thing shall be deemed to be exclusive of the day on which the event happened or the act or thing is done.

Marginal Citations

90 Application to hovercraft.E+W+S

The enactments and instruments with respect to which provision may be made by Order in Council in pursuance of section 1(1)(h) of the M2Hovercraft Act 1968 include this Act and any instrument made or having effect as if made under it.

This section is without prejudice to section 17 of the M3Interpretation Act 1978 (repeal and re-enactment).

Marginal Citations

91 Orders etc.E+W+S

(1)The Minister, the appropriate Minister or the Ministers, as the case may be, shall publish in the London Gazette and the Edinburgh Gazette a notice of any order of the Minister stating—

(a)that the order has been made; and

(b)where copies of the order may be obtained.

(2)[F3Every local authority shall at their own expense publish every order of the Minister, and every licence or other instrument sent to them by the Minister, the appropriate Minister, or the Ministers—

(a)in such manner as he or they shall direct; and

(b)subject to and in the absence of any direction, by advertisement in a newspaper circulating in the district of the local authority.]

(3)The validity or effect of an order of the Minister, or licence or other instrument issued by the Minister, the appropriate Minister or the Ministers shall not be affected by want of or defect or irregularity in its publication.

(4)Subsections (1) to (3) above do not apply to an order made under section 32 above.

(5)A power conferred by this Act to make an order of the Minister, other than by—

(a)section 14(2),

(b)section 59(1),

shall be exercisable by statutory instrument.

(6)An order of the Minister made under either of the provisions referred to in paragraphs (a) and (b) of subsection (5) above may be altered or revoked by a subsequent order made in the like manner and subject to the like conditions, but section 14(b) of the M4Interpretation Act 1978 shall not apply to an order made by the Ministers under section 34(7) above providing that section 34(6) shall cease to have effect.

Textual Amendments

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources