The Warble Fly (Ascertainment of Infestation) (England and Wales) Order 1985

Statutory Instruments

1985 No. 1766

ANIMALS

ANIMAL HEALTH

The Warble Fly (Ascertainment of Infestation) (England and Wales) Order 1985

Made

31st October 1985

Coming into Operation

6th December 1985

The Minister of Agriculture, Fisheries and Food, in relation to England, and the Secretary of State for Wales, in relation to Wales, in exercise of the powers conferred on them by sections 1, 8(1)(a) and 88(2) of the Animal Health Act 1981 and of all other powers enabling them in that behalf, hereby order as follows:—

Title, commencement and interpretation

1.—(1) This order may be cited as the Warble Fly (Ascertainment of Infestation) (England and Wales) Order 1985 and shall come into operation on 6th December 1985.

(2) In this order—

“the Act” means the Animal Health Act 1981;

“inspector of the Minister” means a person appointed to be an inspector for the purposes of the Act by the Minister of Agriculture, Fisheries and Food and includes a veterinary inspector so appointed.

Extension of the definition of “disease”

2.  For the purposes of section 63(9) of the Act (power to enter land etc to ascertain whether disease exists)(1) the definition of “disease” in section 88(1) of the Act is hereby extended so as to comprise the infestation of cattle with the maggot of the warble fly.

Inspections, taking samples etc

3.—(1) An inspector of the Minister who enters any land, building or other place in exercise of his powers under section 63(9) of the Act may—

(a) carry out such inquiries, examinations and tests; and

(b) take such samples as are necessary to ascertain whether the infestation of cattle with the maggot of the warble fly exists, or has within 56 days existed, there.

(2) An inspector of the Minister may, for the purposes of identification, mark any cattle in relation to which any of the powers under paragraph (1) above has been exercised.

(3) No person shall, or shall attempt to, deface, obliterate or remove any such mark as is referred to in paragraph (2) above.

(4) The occupier of any land, building or other place or any person in his employment shall render such reasonable assistance to an inspector of the Minister as the inspector may require for the purpose of facilitating the exercise of his powers under paragraphs (1) or (2) above.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th October 1985.

L.S.

Michael Jopling

Minister of Agriculture, Fisheries and Food

Nicholas Edwards

Secretary of State for Wales

31st October 1985

EXPLANATORY NOTE

This order extends the meaning of “disease” to the infestation of cattle with the maggot of the warble fly for the purposes of section 63(9) of the Animal Health Act 1981 (Article 2). Section 63(9) as amended by section 2 of the Animal Health and Welfare Act 1984 enables a Ministry inspector to enter any land, building or other place for the purpose of ascertaining whether any disease exists, or has within 56 days existed, there. These powers will now be exercisable not only in relation to the diseases mentioned in Article 3 of the Diseases of Animals (Ascertainment of Disease) Order 1985 (S.I. 1985/1765) but also in relation to the infestation of cattle with the maggot of the warble fly.

The order also enables a Ministry inspector to carry out such inquiries etc and take such samples as are necessary to ascertain whether infestation exists, or has within 56 days existed, on the premises he has entered and provides for the marking of cattle (Article 3).

(1)

Section 63(9) of the Act was amended by section 2 of the Animal Health and Welfare Act 1984 (c.40).