The Foot-and-Mouth Disease (England) Order 2006

PART 3 E+W+S Measures following confirmation of disease

Tracing of products originating on infected premises E+W+S

21.—(1) The Secretary of State shall trace all milk, milk products, meat, meat products, carcases, hides and skins, wool, semen, ova and embryos derived or collected from susceptible animals originating on infected premises.

(2) After tracing any semen, ovum or embryo, the Secretary of State shall, by notice served on the owner, or if that person is not readily ascertainable, the person in charge of it, direct that person to arrange for its disposal.

(3) After tracing any other item referred to in paragraph (1), the Secretary of State shall, by notice served on its owner, or if the owner is not readily ascertainable the person in charge of it, direct the owner or that person to either—

(a) arrange for such treatment as the Secretary of State considers necessary to ensure the destruction of the disease virus; or

(b) arrange for its disposal.

Notice of intention to slaughter animals E+W+S

22.—(1) Subject to paragraph (2), before causing the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act, the Secretary of State shall serve notice of her intention to cause such slaughter—

(a) on the occupier of the premises where the animals are kept; or

(b) where the animals are in transit, on the person in charge of them.

(2) Paragraph (1) does not apply where the Secretary of State intends to cause the slaughter of a stray or feral animal detained by an inspector under article 18(2) or under paragraph 2(2) of Schedule 5 or paragraph 5(2) of Schedule 7.

Sampling and clinical examination of susceptible animals before slaughter E+W+S

23.  Where the Secretary of State serves notice of her intention to cause the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act, she shall ensure that any sampling and clinical examination she considers necessary to carry out the veterinary inquiry under article 12 is undertaken before, or immediately following, such slaughter.

Place of slaughter E+W+S

24.—(1) This article applies where the Secretary of State serves notice of her intention to cause the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act.

(2) Subject to paragraph (3), where the animals to be slaughtered are on premises slaughter shall take place there without delay.

(3) Paragraph (2) shall not apply where—

(a) in the opinion of the Secretary of State slaughter on those premises would be an unsatisfactory method of preventing the spread of disease; or

(b) the premises are a slaughterhouse or border inspection post.

(4) In the cases referred to in paragraph (3), the Secretary of State may direct that slaughter be carried out at another place she considers satisfactory for the purpose of preventing the spread of disease.

(5) Where the animals to be slaughtered are in transit, they shall be transported to another place at the direction of the Secretary of State as soon as is reasonably practicable.

(6) In directing transport to another place under this article the Secretary of State shall grant a licence under paragraphs 4(6), 7(d) and 10(b) of Schedule 1 authorising movement of the animals, persons and vehicles necessary for that action.

Slaughter: control of carcases E+W+S

25.—(1) This article applies to every carcase of a susceptible animal on premises where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act.

(2) No person shall move any carcase to which this article applies from the premises except for disposal and under the authority of a licence granted by the Secretary of State.

(3) The Secretary of State shall ensure that every carcase to which this article applies is disposed of without undue delay, and in so ensuring—

(a) she may serve a notice on the occupier requiring immediate disposal or disposal within a specified period; and

(b) she shall grant any necessary licence under paragraph (2).

Slaughter: control of faecal material E+W+S

26.—(1) This article applies to premises where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act.

(2) No person shall move any dung, manure, slurry or used litter of susceptible animals from premises to which this article applies except—

(a) for disposal and under the authority of a licence granted by the Secretary of State; or

(b) where such material is from a slaughterhouse or border inspection post, for treatment in accordance with [F1 Articles 15 of Regulation (EC) No. 1069/2009 and Articles 10 and 22 of and Section 2 of Chapter I of Annex XI to Regulation (EU) No. 142/2011] and under the authority of a licence granted by the Secretary of State.

Textual Amendments

F1 Words in art. 26(2)(b) substituted (23.3.2011) by The Animal By-Products (Enforcement) (England) Regulations 2011 (S.I. 2011/881), reg. 1, Sch. 2 para. 8(3); and words in art. 26(2)(b) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Animal By-Products (Enforcement) (England) Regulations 2013 (S.I. 2013/2952), reg. 1(2), Sch. 2 para. 2(3) (SI 2011/881, Sch 2 para 8(2) revoked (12.12.2013) by SI 2013/2952, reg. 28(d))

Slaughter: isolation of things liable to spread disease E+W+S

27.—(1) This article applies to the occupier of—

(a) any premises, other than a slaughterhouse or border inspection post, where the Secretary of State has caused the slaughter of animals under paragraph 2A, 3(1)(a) or 3(1)(b) of Schedule 3 to the Act;

(b) any premises, other than a slaughterhouse or border inspection post, where the Secretary of State has caused the slaughter of animals under paragraph 3(1)(c) of Schedule 3 to the Act, in a case where she directs that this article applies; and

(c) any slaughterhouse or border inspection post where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act, in a case where she directs that this article applies.

(2) Subject to paragraph (3) a person to whom this article applies shall isolate all milk, milk products, meat, meat products, carcases, hides and skins, wool, semen, embryos, ova, slurry, manure, animal feed and used litter on the premises from any animal until—

(a) the Secretary of State declares by notice served on that person that all such items are free of contamination; or

(b) all such items have been treated in accordance with her directions; or

(c) the Secretary of State grants a licence authorising any such item to be removed from the premises to be treated in accordance with [F2 Regulation (EC) No. 1069/2009] .

(3) Paragraph (2) does not apply to milk on free units where this is authorised by a licence granted by the Secretary of State

(4) A licence granted under paragraph (3) shall contain terms requiring that—

(a) where it is for human consumption, the milk is subjected to one of the treatments in paragraph 13 of Schedule 6; or

(b) where it is not for human consumption, the milk is subjected to one of the treatments in paragraph 14 of Schedule 6.

Textual Amendments

F2 Words in art. 27(2)(c) substituted (23.3.2011) by The Animal By-Products (Enforcement) (England) Regulations 2011 (S.I. 2011/881), reg. 1, Sch. 2 para. 8(4); and words in art. 27(2)(c) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Animal By-Products (Enforcement) (England) Regulations 2013 (S.I. 2013/2952), reg. 1(2), Sch. 2 para. 2(4) (SI 2011/881, Sch 2 para 8(2) revoked (12.12.2013) by SI 2013/2952, reg. 28(d))

Slaughter: cleansing and disinfection of premises other than slaughterhouses and border inspection posts E+W+S

28.—(1) This article applies to any premises, other than a slaughterhouse or border inspection post, where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act and to any vehicle used to carry susceptible animals on those premises, after—

(a) the disposal of all carcases from those premises in accordance with article 25; and

(b) if article 27(2) applies, isolation of the items referred to that article.

(2) The Secretary of State shall ensure that every building, other part of the premises, vehicle used to carry susceptible animals and any other thing or place on the premises normally used by animals which may be contaminated is cleansed and disinfected in accordance with Schedule 3.

(3) The Secretary of State shall ensure that any part of the premises normally used by humans to the exclusion of animals (including a dwelling) she suspects to be contaminated is cleansed and disinfected in accordance with Schedule 3.

Slaughter: cleansing and disinfection of slaughterhouses and border inspection posts E+W+S

29.—(1) This article applies to a slaughterhouse or border inspection post where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act, and to any vehicle used to carry susceptible animals on those premises, after—

(a) the disposal of all carcases in accordance with article 25; and

(b) if the Secretary of State grants a licence under article 26(2), removal for disposal or treatment of the items referred to in that paragraph.

(2) The Secretary of State shall ensure that every building and place, equipment, vehicle and other thing which may be contaminated on premises to which this article applies are cleansed and disinfected in accordance with Schedule 3.

(3) No person shall move any animal on to the premises until at least 24 hours after completion of the final cleansing and disinfection measures in paragraphs 15 to 17 of Schedule 3.

Restocking of premises following slaughter E+W+S

30.—(1) This article applies to any premises where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act.

(2) No person shall restock premises to which this article applies except under the authority of a licence granted by the Secretary of State and in accordance with Schedule 4.

(3) No licence shall be granted allowing restocking to commence—

(a) on premises to which paragraph 22 of Schedule 3 applies until one year has elapsed following completion of such cleansing and disinfection as is undertaken, or

(b) on premises to which that paragraph does not apply, until 21 days after completion of the final cleansing and disinfection measures in paragraphs 15 to 17 of Schedule 3 on the premises.

Declaration of protection zones and surveillance zones on confirmation of disease in England E+W+S

31.—(1) The Secretary of State shall declare an area to be a protection zone and an area to be a surveillance zone in the circumstances mentioned in paragraph (2).

(2) The circumstances referred to in paragraph (1) are when the Chief Veterinary Officer confirms disease on premises in England, other than—

(a) at a slaughterhouse or border inspection post; or

(b) on premises to which infected or contaminated animals have been transported following a direction under article 11(1)(b).

(3) The Secretary of State may declare an area to be a protection zone in the circumstances mentioned in paragraph (4) and if she decides to do so, she shall also declare an area to be a surveillance zone.

(4) The circumstances referred to in paragraph (4) are when the Chief Veterinary Officer confirms disease—

(a) at a slaughterhouse or border inspection post in England; or

(b) on premises in England to which infected or contaminated animals have been transported following a direction under article 11(1)(b).

(5) Subject to paragraph (6), a protection zone or surveillance zone declared under this article shall be of such size as the Secretary of State considers fit to prevent the spread of disease.

(6) A declaration under this article shall designate—

(a) the extent of the protection zone which shall be centred on the infected premises and of at least three kilometres radius; and

(b) the extent of the surveillance zone which shall be centred on the same premises and of at least ten kilometres radius.

Declaration of protection zones and surveillance zones on confirmation of disease in Scotland or Wales E+W+S

32.—(1) If the Secretary of State is satisfied that disease is present on premises (other than a slaughterhouse or border inspection post) in Scotland or Wales—

(a) she shall declare an area to be a protection zone if those premises are situated within three kilometres of the border with England; and

(b) she shall declare an area to be a surveillance zone if those premises are situated within ten kilometres of that border.

(2) If the Secretary of State is satisfied that disease is present at—

(a) any premises in Scotland or Wales situated more than ten kilometres from the border with England; or

(b) a slaughterhouse or border inspection post in Scotland or Wales situated within ten kilometres of the border with England,

she may declare an area to be a protection zone, or an area to be a surveillance zone, or both, in England.

(3) Subject to paragraph (4), a protection zone or surveillance zone declared under this article shall be of such size as the Secretary of State considers fit so as to prevent the spread of disease.

(4) A declaration under this article shall designate the extent of any protection zone or surveillance zone declared and the Secretary of State shall ensure that—

(a) any such zone abuts the border with Scotland or Wales, as the case may be;

(b) any protection zone extends from that border such that its boundary is at least three kilometres from the premises where disease is present; and

(c) any surveillance zone extends from that border such that its boundary is at least ten kilometres from those premises.

(5) In this article border inspection post means—

(a) in relation to Scotland, a place specified as a border inspection post in Schedule 2 to the Animals and Animal Products (Import and Export) (Scotland) Regulations 2000(1); and

(b) in relation to Wales, a place specified as a border inspection post in Schedule 2 to the Animals and Animal Products (Import and Export) (Wales) Regulations 2005(2);

Protection zones and surveillance zones: general provisions E+W+S

33.—(1) Any premises which are partly inside and partly outside a protection zone shall be deemed to be wholly inside that zone.

(2) Any premises (except premises which are partly inside a protection zone) which are partly inside and partly outside a surveillance zone shall be deemed to be wholly inside that zone.

(3) Any protection zone or surveillance zone is an infected area for the purposes of the Act.

Measures applicable in respect of protection zones and surveillance zones E+W+S

34.—(1) The measures in Parts 1 and 2 of Schedule 5 apply in respect of a protection zone and those in Parts 1 and 3 of Schedule 5 apply in respect of a surveillance zone.

(2) Subject to paragraphs (3) and (4),the Secretary of State may declare that any other measure she considers fit so as to prevent the spread of disease applies in respect of the whole or any part of any protection zone or surveillance zone and any such measure shall then apply in respect of that protection zone or surveillance zone or that part of it.

(3) The Secretary of State shall not make a declaration under paragraph (2), unless she is satisfied that the measures to be applied by that declaration are—

(a) necessary to prevent the spread of disease, and

(b) a proportionate method of preventing such spread, taking into account the epidemiological, animal husbandry, commercial and social conditions in the protection zone or surveillance zone.

(4) The Secretary of State shall take into account the recommended measures in paragraph 2.2 of Annex VI to the Directive before restricting the movement of horses in a surveillance zone by a declaration under paragraph (2).

(5) An area shall remain a protection zone or surveillance zone until the declaration creating it is amended or revoked in accordance with article 37.

Veterinary inspection of premises in protection zones and surveillance zones E+W+S

35.—(1) The Secretary of State shall ensure that all premises within a protection zone or a surveillance zone where susceptible animals are kept are inspected by a veterinary inspector as regularly as she considers fit to prevent the spread of disease.

(2) A veterinary inspector inspecting premises under paragraph (1) shall ensure that the inspection includes—

(a) clinical inspection of all susceptible animals; and

(b) inspection of the records required to be created and maintained by paragraph 1 of Schedule 5.

Power to prohibit entry to land or agricultural buildings in a protection zone E+W+S

36.—(1) Subject to paragraph (2), and with the prior written consent of the Secretary of State, an inspector may, notwithstanding the existence of any public footpath or other right of way, prohibit the entry of any person—

(a) on to any land (excluding buildings but including any common, unenclosed or waste land); or

(b) into any agricultural building,

in a protection zone by causing a notice to that effect to be displayed at every entrance to that land or building.

(2) No person other than—

(a) the owner of any animal on that land or in that building or a person authorised by him, who enters for the purpose of tending that animal; or

(b) a person entering under the authority of a licence granted by an inspector,

shall enter any land or building in respect of which a notice is displayed under paragraph (1)

(3) No person shall remove or alter a notice displayed under this article except at the direction of an inspector.

(4) Any prohibition on entry to land or buildings imposed under this article is revoked if the declaration creating the protection zone is amended in accordance with article 37 so that the protection zone becomes part of a surveillance zone.

(5) Any prohibition on entry to land or buildings imposed under this article may be revoked in whole or in part by—

(a) the removal of all relevant notices in accordance with the directions of an inspector; or

(b) a declaration of the Secretary of State.

Amendment and revocation of declarations creating protection zones and surveillance zones E+W+S

37.—(1) The Secretary of State may, where she is satisfied that the conditions in paragraph (2) are met, amend the declaration creating a protection zone so that the area within its boundaries becomes part of the surveillance zone centred on the same premises.

(2) The conditions for amendment of a declaration creating a protection zone are—

(a) at least 15 days have elapsed since the completion of any preliminary cleansing and disinfection in that protection zone; and

(b) a survey of all susceptible animals to substantiate the absence of infection has been carried out on behalf of the Secretary of State in that protection zone with negative results.

(3) The Secretary of State may, where she is satisfied that the conditions in paragraph (4) are met, revoke the declaration creating a surveillance zone.

(4) The conditions for revocation of a declaration creating a surveillance zone are—

(a) at least 30 days have elapsed since completion of any preliminary cleansing and disinfection in the area within the boundaries of that surveillance zone; and

(b) if the declaration creating that surveillance zone also created a protection zone centred on the same premises, it has previously been amended so that the protection zone has become part of the surveillance zone;

(c) if the declaration creating that surveillance zone did not create a protection zone centred on the same premises, any zone in Scotland or Wales having equivalent effect to a protection zone and centred on the same premises as that surveillance zone is no longer in effect; and

(d) a survey of susceptible animals to substantiate the absence of infection has been carried out in that surveillance zone since that amendment on behalf of the Secretary of State with negative results.

(5) An amendment or revocation under this article shall refer to the declaration creating the protection zone and surveillance zone and specify the date and time the amendment or revocation is to take effect.

(6) In this article “preliminary cleansing and disinfection” means cleansing and disinfection undertaken in accordance with paragraphs 12 and 13 of Schedule 3, as required by article 28 or 29, and ending 24 hours after the application of disinfectant.

Declaration of a restricted zone E+W+S

38.—(1) The Secretary of State shall declare a restricted zone if the Chief Veterinary Officer advises her that in her opinion disease has become extensive in Great Britain and the declaration of such a zone would prevent its spread.

(2) The Secretary of State may, on confirmation by the Chief Veterinary Officer of disease on premises in Great Britain, declare an area to be a restricted zone.

(3) A restricted zone shall be of such size as the Secretary of State considers fit to prevent the spread of disease, having considered a thorough epidemiological assessment of the situation.

(4) The epidemiological assessment shall include consideration of the possible time and probable location of the introduction of disease to Great Britain, its possible spread and the probable period of time necessary to eradicate it.

(5) An area shall remain a restricted zone (or part of one) until—

(a) such date as may be stated in the declaration;

(b) the Secretary of State amends the declaration to exclude that area; or

(c) the Secretary of State revokes the declaration.

(6) Any amendment or revocation of a declaration creating a restricted zone shall refer to that declaration and state the date and time it is to take effect.

(7) Subject to paragraph (8), any premises which are partly inside and partly outside a restricted zone shall be deemed to be wholly inside that restricted zone.

(8) Paragraph (7) does not apply to premises which are also partly inside—

(a) a temporary control zone;

(b) a supplementary movement control zone;

(c) a protection zone;

(d) a surveillance zone;

(e) a vaccination zone;

(f) a vaccination surveillance zone; or

(g) a wild animal infected zone.

Measures applicable in respect of a restricted zone E+W+S

39.—(1) The measures in Schedule 7 apply in respect of a restricted zone in addition to any requirement or restriction applying in any part of it because that part falls within a zone listed in article 38(8).

(2) The Secretary of State may declare that any other measure she considers fit so as to prevent the spread of disease applies in respect of the whole or any part of any restricted zone and any such measure shall then apply in respect of that restricted zone or that part of it.

Presence of disease in wild animals and declaration of a wild animal infected zone E+W+S

40.—(1) The Secretary of State shall, on confirmation of disease in a wild animal in England, declare an area to be a wild animal infected zone.

(2) The Secretary of State may, if she is satisfied that disease is present in a wild animal in Scotland or Wales, declare a wild animal infected zone.

(3) A wild animal infected zone shall be of such size as the Secretary of State considers fit to prevent the spread of disease.

(4) An area shall remain a wild animal infected zone (or part of one) until—

(a) such date as may be stated in the declaration;

(b) the Secretary of State amends the declaration to exclude that area; or

(c) the Secretary of State revokes the declaration.

(5) Any amendment or revocation of a declaration creating a wild animal infected zone shall refer to that declaration and state the date and time it is to take effect.

(6) Any premises which are partly inside and partly outside a wild animal infected zone shall be deemed to be wholly inside that zone.

(7) Any wild animal infected zone is an infected area for the purposes of the Act.

Measures applicable in a wild animal infected zone E+W+S

41.—(1) The measures in Schedule 8 apply in respect of a wild animal infected zone in addition to any requirement or restriction applying in any part of it because that part falls within—

(a) a protection zone;

(b) a surveillance zone;

(c) a vaccination zone; or

(d) a vaccination surveillance zone.

(2) The Secretary of State may declare that any other measure she considers fit so as to prevent the spread of disease applies in respect of the whole or any part of any wild animal infected zone and any such measure shall then apply in respect of that wild animal infected zone or part of it.

(1)

S.S.I. 2000/216, to which there are amendments not relevant to this Order.

(2)

S.I. 2005/1158 (W.75).