Statutory Instruments
2002 No. 241
ANIMALS, ENGLAND
ANIMAL HEALTH
The Pigs (Records, Identification and Movement) (Interim Measures) (England) Order 2002
Made
7th February 2002
Coming into force
11th February 2002
The Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred on her by sections 1, 7(1), 8(1) and 87(2) of the Animal Health Act 1981(1) and of all other powers enabling her in that behalf, makes the following Order—
Title, extent, commencement and cessation
1.—(1) This Order may be cited as the Pigs (Records, Identification and Movement) (Interim Measures) (England) Order 2002 and shall extend to England only.
(2) This Order shall come into force on 11th February 2002 and shall cease to have effect on 1st December 2002.
Application of the Pigs (Records, Identification and Movement) Order 1995
2.—(1) In so far as it extends to England, the Pigs (Records, Identification and Movement) Order 1995(2) shall apply as if amended in accordance with the following provisions of this article.
(2) In article 2(1) the following definitions shall be inserted in the appropriate places—
““CPH number” means the county parish holding number assigned from time to time to any premises or part of any premises by the Department for Environment, Food and Rural Affairs;”;
““sole occupancy group” shall have the meaning given to it in the Disease Control (Interim Measures) (England) Order 2002(3);”.
(3) For article 5(3) there shall be substituted the following paragraph—
“(3) It shall not be lawful to move a pig from a holding (other than with a view to it being moved outside Great Britain) unless before the movement commences it is marked—
(a)in the case of a pig moving to an exhibition or show or for breeding purposes and which is intended to be returned to the premises from which it is moved, with an identification mark comprising the herd mark of the holding on which the mark is applied and a unique individual identification number allotted to the pig by the owner or person in charge of it; or
(b)in all other cases—
(i)with an identification mark which complies with paragraph (2) above, or
(ii)with an identification mark which will last at least until the pig reaches its destination and which, either by itself or by reference to a document accompanying the pig during the movement, enables the holding from which the pig was last moved to be identified.”.
(4) For article 7(2) there shall be substituted the following paragraph—
“(2) It shall not be lawful for any person—
(a)to move a pig to a slaughterhouse save for the purpose of slaughter within 48 hours of its arrival there;
(b)to remove a pig from a slaughterhouse except after slaughter; or
(c)to return a pig to a farm from a market for pigs intended for immediate slaughter.”.
(5) For article 8 there shall be substituted the following article—
“8.—(1) Subject to the following provisions of this article, whenever any animal has been moved to any premises it shall not be lawful to move any pig from those premises (or any other premises in the same sole occupancy group) before the expiry of a period of 20 days from the day on which the animal first referred to was delivered to those premises.
(2) The restriction contained in paragraph (1) of this article shall not apply in any of the cases set out in article 3(2) of the Disease Control (Interim Measures) (England) Order 2002.
(3) Notwithstanding the prohibition in paragraph (1) above, no account shall be taken of the following movements—
(a)any movement referred to in article 3(3) of the Disease Control (Interim Measures) (England) Order 2002; and
(b)movement of a pig intended for breeding or growing from a source approved by the Minister onto any premises, when such movement is authorised in accordance with conditions set out in writing by a veterinary inspector.”.
(6) For article 9 there shall be substituted the following article—
“9.—(1) No person shall move a pig from a farm to other premises for any purpose other than those set out in paragraphs (2) or (3) below unless the pig is accompanied by a completed declaration in the form set out in Schedule 2.
(2) No person shall move a pig from a farm to other premises for the purposes of exhibition or show, artificial insemination or veterinary treatment or return a pig to a farm from such premises unless the pig is accompanied by a completed declaration in the form set out in Schedule 3.
(3) No person shall move a pig from a farm to other premises for breeding purposes unless the pig is accompanied by a completed declaration in the form set out in Schedule 3.
(4) No person shall return a pig to a farm from premises to which it was moved for breeding purposes unless the pig is accompanied by a completed declaration in the form set out in Schedule 4.”
(7) For article 11(3) there shall be substituted the following paragraph—
“(3) It shall be the duty of the person in charge of the collecting centre in the case of a movement to a farm, within the period of three days after the movement is commenced, to send a further copy of the declaration to the local authority of the area in which the collecting centre is situated.”.
(8) For article 13 there shall be substituted the following article—
“13.—(1) It shall not be lawful for any person to hold a sale of pigs on a farm except in accordance with a licence issued by an inspector of the local authority for the area in which the farm is situated.
(2) A licence under paragraph (1) above shall not be issued, and a sale shall not be held, unless—
(i)the sale will comprise only pigs forming the whole or part of the standing herd of that farm, and
(ii)no animals (other than animals moved on to the farm in accordance with the provisions of article 3(3) of the Disease Control (Interim Measures) (England) Order 2002) have been moved on to that farm on the day of sale or within a period of 20 days preceding the day of sale.”.
(9) Article 14 shall be deleted.
(10) After article 19 there shall be inserted the following article—
“Extension of definition of “animals”
20. For the purposes of the Animal Health Act 1981 in its application to this order, the definition of “animals” in section 87(2) of the Act is extended so as to comprise elephants.”.
(11) For Schedules 2, 3, 4, 6 and 7 there shall be substituted the Schedules contained in the Schedule to this Order.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Dated 7 February 2002
Article 2(11)
SCHEDULE
Article 9
“SCHEDULE 2
MOVEMENT OF PIGS FROM A FARM—FORM OF DECLARATION
”
Article 9
“SCHEDULE 3
MOVEMENT OF PIGS FROM A FARM FOR BREEDING, EXHIBITION, ARTIFICIAL INSEMINATION OR VETERINARY TREATMENT AND ON RETURN TO A FARM FOLLOWING EXHIBITION, ARTIFICIAL INSEMINATION OR VETERINARY TREATMENT—FORM OF DECLARATION
”
Article 9
“SCHEDULE 4
MOVEMENT OF PIGS ON RETURN TO FARM AFTER MOVEMENT FROM FARM FOR BREEDING PURPOSES—FORM OF DECLARATION
”
Article 11
“SCHEDULE 6
MOVEMENT OF PIGS FROM A COLLECTING CENTRE—FORM OF DECLARATION
”
Article 12
“SCHEDULE 7
MOVEMENT OF PIGS OTHER THAN MOVEMENT AUTHORISED UNDER ARTICLE 9 OR 11—FORM OF LICENCE
”
Explanatory Note
(This note is not part of the Order)
This Order, which extends to England, provides that the Pigs (Records, Identification and Movement) Order 1995 (S.I. 1995/11, as amended) (“the principal Order”) shall be read for the specified period as if amended in certain respects.
In particular, the Order inserts into the principal Order—
a new article 5(3) that requires a pig being moved to an exhibition or show or for breeding purposes to be marked with a unique identification number (article 2(3));
a new article 7(2) that prohibits the movement of a pig to a slaughterhouse save for the purpose of slaughter within 48 hours of arrival there; the removal of a live pig from a slaughterhouse, and the return of a pig to a farm from a market for pigs intended for immediate slaughter (article 2(4));
a new article 8 that prohibits the movement of pigs off premises within 20 days of the movement of any animal on to those premises and sets out exemptions to that prohibition (article 2(5));
a new article 9 that requires a pig moved from a farm for certain purposes or returned to it to be accompanied by an appropriate declaration (article 2(6));
a requirement that a movement of a pig must be notified to the local authority within three days of that movement taking place (article 2(7) and Schedule);
a new article 13 that prohibits the sale of pigs on a farm except in accordance with a licence issued by an inspector of the local authority (article 2(8)); and
revised versions of the declarations to accompany movements of pigs in Schedules 2, 3, 4 and 6 and a revised version of the movement licence issued in accordance with article 12 and Schedule 7 (article 2(11) and Schedule).
The Order also disapplies for the specified period article 14 (licensing of collecting centres) of the principal Order (article 2(9)).
The definition of “animals” in the Animal Health Act 1981 is extended for the purposes of the application of that Act to the principal Order so as to cover elephants (article 2(10)).
A regulatory impact assessment has not been prepared for this Order.
1981 c. 22. See section 86(1) for the definitions of “the Ministers” and “the Minister”. Functions of “the Ministers”, so far as exercisable by the Secretaries of State for Scotland and Wales, were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141).
S.I. 2002/242.