Bovine Spongiform Encephalopathy (No. 2) Order 1988
| Jurisdiction | UK Non-devolved |
1988 No. 2299
ANIMALSANIMAL HEALTH
The Bovine Spongiform Encephalopathy (No. 2) Order 1988
Made 27th December 1988
Coming into force 30th December 1988
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, 7(1), 8(1), 15(4), 32(2), 72, 86(1), 87(2) and (4) and 88(2) of the Animal Health Act 19811and of all other powers enabling them in that behalf, hereby make the following Order:
Title and commencement
1. This Order may be cited as the Bovine Spongiform Encephalopathy (No. 2) Order 1988 and shall come into force on 30th December 1988.
Extension of definition of “disease”
2. For the purposes of the Act the definition of “disease” in section 88(1) of the Act is hereby extended so as to comprise bovine spongiform encephalopathy.
Interpretation
3.—(1) In this Order, unless the context otherwise requires—
“the Act” means the Animal Health Act 1981;
“affected animal” means a bovine animal which is affected with the disease;
“animals” means bovine animals, sheep, goats, deer and all other ruminating animals;
“animal protein” means any protein material which is derived from a carcase but does not include milk or any milk product or dicalcium bone phosphate;
“appropriate Minister” means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;
“bovine animal” means a bull, cow, steer, heifer or calf;
“carcase”, except in the definition of animal protein, means the carcase of a bovine animal and includes part of a carcase, and the meat, blood, bones, hair, hide, horn, hooves, offal or other part of a bovine animal, separately or otherwise, or any portion thereof and the intestinal contents of a bovine animal; and in the definition of animal protein “carcase” means the carcase of an animal and includes part of a carcase, and the meat, blood, bones, hair, wool, hide, skin, horn, hooves, offal or other part of an animal, separately or otherwise, or any portion thereof;
“the disease” means bovine spongiform encephalopathy;
“Divisional Veterinary Officer” means the veterinary inspector appointed for the time being by the Minister to receive information about affected or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are;
“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;
“market” means a market, fairground, sale-yard or any other place where bovine animals are commonly exposed for sale;
“the Minister” and “the Ministry” means respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
“premises” includes land;
“research establishment” means an establishment carrying out research into the disease;
“suspected animal” means a bovine animal which is suspected of being affected with the disease;
“slaughterhouse” means—
(a) in relation to England and Wales, a slaughterhouse or knacker’s yard as defined in section 34 of the Slaughterhouse Act 19742, and
(b) in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 19803;
“veterinary inspector” means a veterinary inspector appointed by the Minister;
“veterinary surgeon” means a person registered in the register of veterinary surgeons or in the supplementary veterinary register.
(2) Any reference in this Order to a lettered form is a reference to the form bearing that letter in the Schedule to this Order.
Notification of disease in bovine animals
4.—(1) A person who has in his possession or under his charge an affected or a suspected animal, or the carcase of such an animal, and any veterinary surgeon or other person who, in the course of his duties, examines or inspects any such animal or carcase shall, with all practicable speed, notify the fact to the Divisional Veterinary Officer.
(2) A person who has in his possession or under his charge on any premises an affected or a suspected animal, or the carcase of such an animal, shall detain it on the premises until it has been examined by a veterinary inspector.
Application of section 32 of the Act to the disease and notice of intended slaughter
5.—(1) Section 32 of the Act, which enables the Minister to cause animals to be slaughtered on account of disease, shall apply to the disease.
(2) Where the Minister proposes to cause an affected or a suspected animal to be slaughtered under the powers conferred on him by section 32 of the Act in its application to the disease a veterinary inspector shall serve a notice of intended slaughter in Form C on the owner or person in charge of the animal.
Veterinary enquiry as to existence of disease and requirements as respects affected or suspected animals
6.—(1) If a veterinary inspector has reasonable grounds for supposing that the disease exists or has within 56 days existed on any premises he shall, with all practicable speed, take such steps as may be necessary to establish the correctness of that supposition.
(2) For the purposes of such an enquiry a veterinary inspector may—
(a)
(a) examine any bovine animal or carcase on the premises;
(b)
(b) make such tests and take such samples from any bovine animal or carcase on the premises as he may consider necessary for the purpose of diagnosis;
(c)
(c) mark for identification purposes any bovine animal or carcase on the premises.
(3) The occupier of the premises and his employees, and any person who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall—
(a)
(a) provide such reasonable facilities and comply with such reasonable requirements as are necessary for the purposes of the enquiry; and
(b)
(b) if so required by an inspector of the Minister or by an officer of the appropriate Minister, give such information as he possesses as to—
(i) any animal or carcase which is or has been on the premises;
(ii) any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact, and
(iii) the location and movement of any animal or carcase which is or has been in his possession or charge.
(4) If, on completion of the enquiry, the veterinary inspector is of the opinion that there is an affected or a suspected animal on the premises he shall serve a notice in Form A on the owner or person in charge of that animal.
(a)
(a) (5) Subject to sub-paragraph (b)...
To continue reading
Request your trial