The Disease Control (Interim Measures) (England) (Amendment No. 3) Order 2002

Statutory Instruments

2002 No. 1764

ANIMALS, ENGLAND

ANIMAL HEALTH

The Disease Control (Interim Measures) (England) (Amendment No. 3) Order 2002

Made

10th July 2002

Coming into force

31st July 2002

The Secretary of State, in exercise of the powers conferred on her under sections 1, 7, 8(1) and 87(2) of the Animal Health Act 1981(1) makes the following Order:

Title, application and commencement

1.  This Order may be cited as the Disease Control (Interim Measures) (England) (Amendment No. 3) Order 2002; it applies to England and shall come into force on 31st July 2002.

Amendment of the Disease Control (Interim Measures) (England) Order 2002

2.—(1) The Disease Control (Interim Measures) (England) Order 2002(2) shall be amended in accordance with the following provisions of this article.

(2) In article 2—

(a) for the definition of “animals” there shall be substituted the following definition—

““animals” means cattle (excluding bison and yak), deer, goats, sheep and swine;”; and

(b) the definition of “camelid” shall be revoked.

(3) In article 3(2)(b)—

(a) for paragraph (ix) there shall be substituted the following paragraph—

“(ix) of an animal to a show or exhibition from premises to which it has been moved from another show or exhibition, providing no other animal has been moved onto those premises (or other premises in the same sole occupancy group) during the period of 20 days before the day on which the first mentioned animal is to be moved;”;

(b) for paragraph (xiv) there shall be substituted the following paragraph—

“(xiv) of an animal between land over which the owner or keeper of the animal has a registered right of common and—

(aa) premises occupied by the owner or keeper of the animal and in relation to which the registered right of common is customarily exercised; or

(bb) premises occupied by any other person who has a registered right of common over that land and in relation to which the registered right of common is customarily exercised;”;

(c) after paragraph (xiv) there shall be inserted the following paragraph—

“(xivA) of an animal between premises occupied by the owner or keeper of the animal and in relation to which a registered right of common over land is customarily exercised and premises occupied by any other person who has a registered right of common over that land and in relation to which the registered right of common of that other person is customarily exercised;”;

(d) paragraph (xv) shall be revoked;

(e) in paragraph (xvii) the word “camelids” shall be deleted; and

(f) in paragraph (xviii)—

(i) for the words “of a bull or ram or a goat, camelid or deer of either sex” there shall be substituted the words “of a bull or ram or a goat or deer of either sex”; and

(ii) sub-paragraph (dd) shall be revoked.

(4) In article 3(3)—

(a) in sub-paragraph (c) for the words “a bull or a deer or camelid of either sex” there shall be substituted the words “a bull or a deer of either sex”;

(b) paragraph (c)(iii) shall be revoked;

(c) sub-paragraphs (f) and (k) shall be revoked; and

(d) in sub-paragraph (o) the word “camelids” shall be deleted.

(5) In article 3 after paragraph (4A) there shall be inserted the following paragraph—

“(4B) The requirements set out in paragraph (1) above shall not apply to the movement of any animal to or from any zoo licensed under the Zoo Licensing Act 1981(3).”.

(6) Articles 5, 6 and 14 shall be revoked.

Whitty

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

10th July 2002

Explanatory Note

(This note is not part of the Order)

This Order amends the Disease Control (Interim Measures) (England) Order 2002 (the “Principal Order”, S.I. 2002/242 as amended by S.I. 2002/907 and S.I. 2002/1348) by—

(a) substituting a new definition of “animals” in the Principal Order, which now applies to buffalo, cattle, deer, goats, pigs, sheep and wild boar (it previously applied to cattle, sheep, goats, all other ruminating animals, swine and elephants); and making consequential revocations relating to camelids;

(b) amending article 2(3)(b) to provide a relaxation of the restrictions of movements of—

(i) sheep to a show or exhibition from premises to which they have been moved (new paragraph (ix)); and

(ii) animals between common land and premises in relation to which a registered right of common over land is customarily exercised (new paragraph (xiv)) and between these premises (new paragraph (xivA));

(c) disapplying the requirements set out in paragraph (1) of article 3 of the Principal Order to the movement of any animal to which the Principal Order applies to or from any zoo licensed under the Zoo Licensing Act 1981;

(d) revoking articles 5 and 6 of the Principal Order which set out licensing requirements in relation to sheep dipping and shearing and the ultra sound scanning of sheep; and

(e) revoking article 14 of the Principal Order (article 14 extended the definition of “animals” set out in the Animal Health Act 1981, c. 22, to include elephants for the purposes of the Principal Order).

A regulatory impact assessment has not been prepared for this Order.

(1)

1981 c. 22. Functions conferred under the 1981 Act on “the Ministers” (as defined in section 86 of that Act) were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) and were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(2)

S.I. 2002/242 as amended by S.I. 2002/907 and S.I. 2002/1348.

(3)

1981 c. 37.