The Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012

Amendment of the Disease Control (England) Order 2003

5.—(1) The Disease Control (England) Order 2003(1) is amended as follows.

(2) For article 18 substitute—

“Cross-border movements of animals into England

18.— (1) In this article a “cross-border movement” means the movement of an animal—

(a) from Scotland into England, where the movement of the animal within Scotland is carried out under the authority of a licence (general or specific) issued by an authority in Scotland which is responsible for issuing licences in relation to the movement of animals; or

(b) from Wales into England, where the movement of the animal within Wales is carried out under the authority of a licence (general or specific) issued by an authority in Wales which is responsible for issuing licences in relation to the movement of animals.

(2) That part of a cross-border movement which is carried out within England is treated as if it were authorised by a general licence under article 12.

(3) But paragraph (2) does not apply in the case of a cross-border movement by a person specified in a notice under article 13(1)(b), if that notice prohibits movements of animals by that person generally or to premises which are the destination of the cross-border movement in question.”.

(3) In article 22 (enforcement), after paragraph (2) add—

“(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.”.

(1)

S.I. 2003/1729, to which there are amendments not relevant to this Order.