The Importation of Animals Order 1977

Interpretation

2.—(1) In this order, unless the context otherwise requires—

“the Act” means the Diseases of Animals Act 1950, as amended or extended by any subsequent enactment;

“animals” means cattle, sheep, goats and all other ruminating animals and swine, and for the purposes of this definition, the expression “ruminating animals” includes Ilamas, guanacos, alpacas, vicunas, Bactrian camels and Arabian camels;

“appropriate Minister” means, in the application of this order to England and Wales, the Minister of Agriculture, Fisheries and Food, and, in its application to Scotland, the Secretary of State;

“approved premises” means approved quarantine premises and approved reception centres;

“approved quarantine premises” means premises which have been approved by a licence issued by the appropriate Minister under Article 10(1) of this order for use for the detention in quarantine of imported animals;

“approved reception centre” means premises which have been approved by a licence issued by the appropriate Minister under Article 10(1) of this order for use for the reception and resting of imported animals;

“commander” means the member of the flight crew designated as commander of an aircraft by the operator thereof, or, failing such designation, the person who is for the time being the pilot in command of the aircraft;

“container” means a crate, box or other rigid container used for the carriage of animals which is not self-propelled, and which does not form part of a vehicle;

“disease” means any disease of animals;

“Divisional Veterinary Officer” means the veterinary inspector appointed for the time being by the Minister of Agriculture, Fisheries and Food to receive information about animals and carcases affected with, or suspected of being affected with, specified diseases for the area in which the port or airport at which a vessel or aircraft arrives in Great Britain is situated;

“import licence” means a licence issued by the appropriate Minister under Article 3(2) of this order authorising imported animals to be landed in Great Britain;

“inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister of Agriculture, Fisheries and Food or a local authority, and when used in relation to a person so appointed by the said Minister, includes a veterinary inspector;

“master” means any person (other than a pilot) having charge or command of a vessel, and includes, in relation to a hovercraft, the person designated commander thereof by the operator of the hovercraft, or, failing such designation, the person who is for the time being in command of the hovercraft;

“quarantine animals” means imported animals landed or intended to be landed in Great Britain under the authority of an import licence which contains a requirement that the animals to which it relates shall be detained in quarantine at approved quarantine premises;

“vehicle” means—

(a)

in relation to the carriage of animals by road, a vehicle (including a trailer of any description and the detachable body of a vehicle) which is constructed or adapted for use on a road, and

(b)

in relation to the carriage of animals by rail, rolling stock of any description;

“vessel” includes hovercraft;

“veterinary inspector” means a veterinary inspector appointed by the Minister of Agriculture, Fisheries and Food.

(2) Where, apart from this paragraph, an animal brought to Great Britain would not be imported within the meaning of section 84(4) of the Act, that animal shall, for the purposes of section 24 of and Schedule 1 to the Act in its application to this order, be deemed to have been so imported if, to the satisfaction of a veterinary inspector, it has been or may have been, whilst outside Great Britain, in contact with—

(a) any animal or the carcase of any animal;

(b) any contact animal or the carcase of any contact animal;

(c) any poultry or the carcases of any poultry; or

(d) any thing by or by means of which it appears to that veterinary inspector disease might be transmitted;

and for the purposes of this paragraph—

(i) “contact animal” means any creature which is not an animal for the purposes of this order, but which is, to the satisfaction of a veterinary inspector, capable of transmitting disease to an animal; and

(ii) “poultry” means birds of any species which are, to the satisfaction of a veterinary inspector, capable of transmitting disease to an animal.

(3) For the purposes of this order, an animal shall be deemed to have been landed—

(a) in the case of an animal which has been carried by sea, immediately it is put or otherwise arrives on land in Great Britain; and

(b) in the case of an animal which has been carried by air, immediately the aircraft which is carrying it touches down in Great Britain;

and the expressions “land” and “landing” shall be construed accordingly.

(4) The Interpretation Act 1889 applies for the interpretation of this order as it applies for the interpretation of an Act of Parliament, and as if this order and the orders revoked by it were Acts of Parliament.