(1)The Ministers may by order make such provision—
[F1(a)for the seizure of anything, whether animate or inanimate, by or by means of which it appears to them that any disease to which this subsection applies might be carried or transmitted, and]
(b)for the destruction, burial, disposal or treatment of anything seized under the order,
as they may think expedient for preventing the spread of any [F2such disease].
[F3(1A)Subsection (1) above does not authorise provision for the seizure of any animal; but such an order may provide for the seizure of carcases and of anything obtained from or produced by an animal.
In this subsection, “animal” includes anything that may, by virtue of an order under section 87 below, be included for any of the purposes of this Act in the definition of animals or of poultry contained in that section, and “carcases” is to be construed accordingly.]
(2)Subsection (1) above applies to the diseases in the case of which powers of slaughter are exercisable under this Act, that is to say—
(a)to cattle plague, pleuro-pneumonia, foot-and-mouth disease [F4, swine-fever and transmissible spongiform encephalopathies], and any disease within the meaning of section 32 above to which that section for the time being applies [F5and any disease in respect of which an order under section 32A is in force]; and
(b)to any disease as defined in relation to poultry by or under section 88 below.
(3)The Ministers may make such orders as they think fit—
(a)for prescribing and regulating the destruction, burial, disposal or treatment of carcases of animals dying while diseased or suspected;
(b)for prescribing and regulating the destruction, burial or disposal of anything seized under subsection (1);
(c)for prohibiting or regulating the digging up of carcases which have been buried.
(4)A person is guilty of an offence against this Act who, without lawful authority or excuse, proof of which shall lie on him—
(a)throws or places, or causes or suffers to be thrown or placed, into any river, stream, canal, navigation, or other water, or into the sea within 4.8 kilometres of the shore, the carcase of an animal which has died of disease, or been slaughtered as diseased or suspected; or
(b)digs up, or causes to be dug up, a carcase buried under the direction of the Minister or of a local authority or of a receiver of wreck.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1S. 35(1)(a) substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 1(1)(a)
F2Words substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 1(1)(b)
F3S. 35(1A) inserted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 1(2)
F4Words in s. 35(2)(a) substituted (14.1.2003) by 2002 c. 42, s. 2(2)(a); S.I. 2002/3044, art. 2
F5Words in s. 35(2)(a) inserted (14.1.2003) by 2002 c. 42, s. 2(2)(b); S.I. 2002/3044, art. 2
(1)The Ministers may by order make such provision—
[F10(a)for the seizure of anything, whether animate or inanimate, by or by means of which it appears to them that any disease to which this subsection applies might be carried or transmitted, and]
(b)for the destruction, burial, disposal or treatment of anything seized under the order,
as they may think expedient for preventing the spread of any [F11such disease].
[F12(1A)Subsection (1) above does not authorise provision for the seizure of any animal; but such an order may provide for the seizure of carcases and of anything obtained from or produced by an animal.
In this subsection, “animal” includes anything that may, by virtue of an order under section 87 below, be included for any of the purposes of this Act in the definition of animals or of poultry contained in that section, and “carcases” is to be construed accordingly.]
(2)Subsection (1) above applies to the diseases in the case of which powers of slaughter are exercisable under this Act, that is to say—
(a)to cattle plague, pleuro-pneumonia, foot-and-mouth disease and swine-fever, and any disease within the meaning of section 32 above to which that section for the time being applies ; and
(b)to any disease as defined in relation to poultry by or under section 88 below.
(3)The Ministers may make such orders as they think fit—
(a)for prescribing and regulating the destruction, burial, disposal or treatment of carcases of animals dying while diseased or suspected;
(b)for prescribing and regulating the destruction, burial or disposal of anything seized under subsection (1);
(c)for prohibiting or regulating the digging up of carcases which have been buried.
(4)A person is guilty of an offence against this Act who, without lawful authority or excuse, proof of which shall lie on him—
(a)throws or places, or causes or suffers to be thrown or placed, into any river, stream, canal, navigation, or other water, or into the sea within 4.8 kilometres of the shore, the carcase of an animal which has died of disease, or been slaughtered as diseased or suspected; or
(b)digs up, or causes to be dug up, a carcase buried under the direction of the Minister or of a local authority or of a receiver of wreck.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F10S. 35(1)(a) substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 1(1)(a)
F11Words substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 1(1)(b)
F12S. 35(1A) inserted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 1(2)
(1)The Minister shall pay compensation—
(a)for anything seized under an order made by virtue of section 35(1) above for the purpose of preventing the spread of foot-and-mouth disease;
(b)for anything seized under such an order for the purpose of preventing the spread of any other disease to which section 35(1) applies, except the carcase of [F6or anything obtained from or produced by] any animal or bird affected with that disease.
(2)The Ministers may by order provide for the payment by the Minister of compensation for carcases [F7of, or things obtained from or produced by] animals or birds affected with any disease to which section 35(1) applies other than foot-and-mouth disease or fowl pest [F8being carcases or things seized under an order made by virtue of section 35(1) above].
(3)The compensation payable under subsection (1) or subsection (2) above for anything seized shall be its value at the time of seizure.
(4)Where anything destroyed, buried or disposed of under an order made under paragraph (e) of section 23 above could have been seized under an order made under section 35(1), the Minister shall pay the like compensation (if any) for it as if it had been so seized at the time of the destruction, burial or disposal.
(5)The Ministers may make such orders as they think fit for all or any of the following purposes—
(a)for prescribing how the value of anything seized under section 35(1) is to be ascertained;
(b)for regulating applications for, and the mode of payment of, any compensation payable by virtue of this section;
(c)for prescribing and regulating the destruction, burial or disposal of anything seized under section 35(1).
Textual Amendments
F6Words inserted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 1(3)(a)
F7Words substituted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 1(3)(b)
F8Words inserted by Animal Health and Welfare Act 1984 (c. 40, SIF 2:8), s. 1(3)(b)
(1)The Scottish Ministers may by order make provision for—
(a)the seizure of anything (whether animate or inanimate) which appears to them might be capable of carrying or transmitting any disease to which this subsection applies;
(b)the destruction, burial, disposal or treatment of anything seized under the order; and
(c)regulating the matters mentioned in paragraphs (a) and (b).
(2)Subsection (1) does not authorise provision for the seizure of a live animal, bird or amphibian; but an order under that subsection may provide for the seizure of carcases and of anything obtained from or produced by an animal, bird or amphibian.
(3)Subsection (1) applies to the diseases in the case of which any power of slaughter is exercisable under or by virtue of section 16B, Part 2B or Schedule 3A.
(4)A person commits an offence if, without lawful authority or excuse (proof of which lies on the person), that person throws or places, or causes or suffers to be thrown or placed, into—
(a)any river, stream, canal, navigation or other water; or
(b)the sea within 4.8 kilometres of the shore,
the carcase of, or anything obtained from or produced by, an animal, bird or amphibian which has been slaughtered in the exercise of any power conferred by or under section 16B, Part 2B or Schedule 3A.
(5)In this section, the references to an animal mean any kind of mammal (except man).]
Textual Amendments
F9S. 36ZA - S. 36ZB inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 8, 55(1) (with s. 54); S.S.I. 2006/482, art. 2
(1)The Scottish Ministers must pay compensation for anything seized under an order made under section 36ZA(1).
(2)But subsection (1) does not apply to—
(a)carcases seized; or
(b)other things seized which are obtained from or produced by creatures.
(3)The Scottish Ministers may pay compensation for—
(a)carcases seized under an order made under section 36ZA(1);
(b)other things seized under such an order which are obtained from or produced by creatures,
of such description as the Scottish Ministers may specify by order.
(4)The compensation payable under subsection (1) or (3) for anything seized shall be its value at the time of seizure.
(5)Where anything destroyed, buried or disposed of under an order made under paragraph (e) of section 23 could have been seized under an order made under section 36ZA(1), compensation (if any) is payable under subsections (1) or (3) as if the thing had been so seized at the time of destruction, burial or disposal.
(6)The Scottish Ministers may make such orders as they think fit for—
(a)prescribing how the value of anything seized under section 36ZA(1) is to be ascertained;
(b)regulating applications for, and the mode of payment of, any compensation payable by virtue of this section.]
Textual Amendments
F9S. 36ZA - S. 36ZB inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 8, 55(1) (with s. 54); S.S.I. 2006/482, art. 2