PART IIDISEASES OF ANIMALS AND POULTRY

Eradication of disease

F1Biosecurity compliance4B

1

If a person to whom paragraph (2) applies fails to comply with guidance which has been published under Article 4A(3) and has not been withdrawn, that person is not by reason only of that failure liable in any civil or criminal proceedings but the guidance is admissible in evidence in such proceedings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.

2

This paragraph applies to—

a

any person having functions under this Order;

b

any person who is the owner or occupier of premises on which animals or poultry are kept;

c

any person who is the owner of, or has charge of, animals or poultry;

d

any person who is under the direction or control of a person mentioned in sub-paragraphs (a) to (c).

3

The Department may by order prescribe the circumstances in which it may withhold, either wholly or partly, compensation or any other payment in respect of an animal slaughtered under this Order where—

a

the slaughter has been necessitated by brucellosis;

b

guidance relating to brucellosis has been published under Article 4A(3) and has not been withdrawn; and

c

the owner or person having charge of the animal has failed to comply with the guidance.