- Latest available (Revised)
- Original (As enacted)
Animal Health Act 2002
You are here:
- UK Public General Acts
- 2002 c. 42
- Part 1
- Section 3
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes to legislation:
There are currently no known outstanding effects for the Animal Health Act 2002, Section 3.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
3 Disease control (slaughter) protocolE+W
This section has no associated Explanatory Notes
In the 1981 Act the following sections are inserted after section 32A (as inserted by section 2 above)—
“32B Disease control (slaughter) protocol
(1)This section applies to a power exercisable by the Secretary of State under—
(a)paragraph 3(1)(c) of Schedule 3;
(b)such other provision of that Schedule (as amended by an order under section 32A(1)(a)) as the Secretary of State by order specifies;
(c)such other provisions of this Act relating to the control of disease as the Secretary of State by order specifies.
(2)The Secretary of State must prepare a document (the disease control (slaughter) protocol) indicating—
(a)the purposes for which any power to which this section applies will be exercised;
(b)the principal factors to be taken into account in deciding whether to exercise the power;
(c)the procedure to be followed in deciding whether in any circumstances or description of circumstances the power is to be exercised, which shall include the application of such methods of detecting disease in animals as may be available;
(d)the procedure to be followed by persons who have functions in relation to the exercise of the power;
(e)the means by which a particular decision to exercise the power may be reviewed.
(3)After preparing a draft of the disease control (slaughter) protocol the Secretary of State—
(a)must send a copy of the draft to such persons and organisations as he thinks are representative of those having an interest in the exercise of the power;
(b)must consider any representations made to him about the draft by such persons and organisations;
(c)may amend the draft accordingly.
(4)After the Secretary of State has proceeded under subsection (3) he must publish the protocol in such manner as he thinks appropriate.
(5)The Secretary of State must from time to time review the protocol and if he thinks it appropriate revise the protocol.
(6)Subsections (2) to (4) apply to a revision of the protocol as they apply to its preparation.
(7)The power to make an order must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(8)It is immaterial that anything done for the purposes of subsections (2) to (4) is done before the passing of the Animal Health Act 2002.
32C Protocol: exercise of powers
(1)A power to which section 32B applies must not be exercised unless the protocol mentioned in that section has been published and has not been withdrawn.
(2)Any act which is done in contravention of subsection (1) is done without lawful authority.
(3)If a person who has any function in relation to the exercise of a power to which section 32B applies fails to act in accordance with the protocol he is not by reason only of that failure liable in any civil or criminal proceedings.
(4)But the protocol is admissible in evidence in such proceedings and a court may take account of any failure to act in accordance with it in deciding any question in the proceedings.”
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.