1987 No. 905

ANIMALSANIMAL HEALTH

The Marek’s Disease (Restriction on Vaccination) Order 1987

Made

Coming into force

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 1, 72 and 88(4)(a) of the Animal Health Act 19811 and of all other powers enabling them in that behalf, hereby Order as follows:

Title and commencement1

This Order may be cited as the Marek’s Disease (Restriction on Vaccination) Order 1987 and shall come into force on 31st May 1987.

Extension of definition of “disease”2

For the purposes of the Act in its application to this Order the definition of “disease” in section 88(3) of the Act is hereby extended so as to comprise Marek’s disease.

Interpretation3

In this Order—

  • the Act” means the Animal Health Act 1981;

  • “the appropriate Minister” means, in relation to England, the Minister and in relation to Scotland or to Wales, the Secretary of State;

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

  • “the Minister” and “the Ministry” means respectively the Minister and the Ministry of Agriculture, Fisheries and Food;

  • “poultry” means live birds of the following species, that is to say domestic fowls, turkeys, geese, ducks, guinea-fowls, pigeons, pheasants and partridges;

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

Restriction on vaccination4

No person shall vaccinate any poultry against Marek’s disease with a vaccine consisting of or containing derivatives of the Rispens strain or the SB1 strain except under the authority of a licence issued by the appropriate Minister and in accordance with the conditions subject to which the licence is issued.

Production of licences5

Any person acting under the authority of a licence issued under this Order shall, on demand made by an inspector or by a police officer, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his name and address.

Offences6

Any person who, without lawful authority or excuse, proof of which shall lie on him—

a

contravenes any provision of this order or any provision of a licence issued under it; or

b

fails to comply with any such provision or with any condition of such a licence; or

c

knowingly causes or permits any such contravention or non-compliance, commits an offence against the Act.

Local authority to enforce Order7

The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th May 1987.

Michael JoplingMinister of Agriculture, Fisheries and Food
John J. MackayParliamentary Under-Secretary of State, Scottish Office
Nicholas EdwardsSecretary of State for Wales

(This note is not part of the Order)

This Order prohibits the vaccination of any poultry against Marek’s disease with a vaccine of the kind specified in the Order (that is to say a vaccine consisting of or containing derivatives of the Rispens strain or the SB1 strain) except under the authority of a licence issued by the appropriate Minister (as defined in the Order) (article 4).