(1)A person having a function under this Act relating to foot-and -mouth disease or a disease specified by order under section 6A(1) must not exercise the function unless the guidance under section 6A has been published and has not been withdrawn.
(2)Any act which is done in contravention of subsection (1) is done without lawful authority.
(3)If a person to whom subsection (5) applies fails to comply with the guidance he is not by reason only of that failure liable in any civil or criminal proceedings.
(4)But the guidance is admissible in evidence in such proceedings and a court may take account of any failure to act in accordance with it in deciding any question in the proceedings.
(5)This subsection applies to—
(a)any person having functions under this Act;
(b)any person who is the owner or occupier of premises on which animals are kept;
(c)any person who has charge of animals;
(d)any person who is under the direction of a person mentioned in paragraphs (a) to (c).]
Textual Amendments
F1S. 6A - S. 6B inserted (E.W.) (1.7.2003) by Animal Health Act 2002 (c. 42), ss. 16, 19(1); S.I. 2002/3044, art. 2(b)