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Animal Health Act 1981

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OutbreakE+W+S

Valid from 14/01/2003

[F114B Duty to consider vaccinationE+W

(1)In relation to any occurrence of foot-and-mouth disease the Secretary of State must consider what is the most appropriate means of preventing the spread of the disease.

(2)In particular he must consider whether in relation to the occurrence treating animals with serum or vaccine is more appropriate than any other means of preventing the spread of the disease.]

Textual Amendments

F1S. 14B inserted (E.W.) (14.1.2003) by 2002 c. 42, s. 15; S.I. 2002/3044, art. 2

15 Separation and notice.E+W+S

(1)Any person having in his possession or under his charge an animal affected with disease shall—

(a)as far as practicable keep that animal separate from animals not so affected; and

(b)with all practicable speed give notice of the fact of the animnal being so affected to a constable of the police force for the police area in which the animal is so affected.

(2)Any person who knows or suspects that an animal (whether in captivity or not) is affected with rabies shall give notice of that fact to a constable unless—

(a)he believes on reasonable grounds that another person has given notice under this section in respect of that animal, or

(b)he is exempted from doing so by an order under section 1 above,

and, if the animal is in his possession or under his charge, shall as far as practicable keep the animal separate from other animals.

(3)The constable to whom notice is given shall forthwith give information of it to such person or authority as the Ministers by order direct.

(4)The Ministers may make such orders as they think fit for prescribing and regulating the notice to be given to or by any person or authority in case of any particular disease or in case of the illness of an animal, and for supplementing or varying for those purposes any of the provisions of subsections (1) to (3) above.

(5)Subsections (1) to (4) above do not have effect in relation to poultry, but the Ministers may by order prescribe and regulate—

(a)the separation of diseased poultry from poultry not affected with disease; and

(b)the notification of disease in, or illness of, poultry.

(6)The local authority shall pay to a veterinary surgeon or veterinary practitioner, in respect of every notification of disease made by him to the local authority in pursuance of an order under this Act requiring such a notification, such fee not exceeding 12½p as may be prescribed by the order.

(7)A person is guilty of an offence against this Act who, without lawful authority or excuse, proof of which shall lie on him, fails where required by this Act or by an order of the Minister—

(a)to keep an animal separate so far as practicable; or

(b)to give notice of disease with all practicable speed.

16 Treatment after exposure to infection.E+W+S

(1)For the purpose of preventing the spread of disease, the Ministers may cause to be treated with serum or vaccine, or with both serum and vaccine, any animal or bird—

(a)which has been in contact with a diseased animal or bird, or

(b)which appears to the Ministers to be or to have been in any way exposed to the infection of disease; or

(c)which is in an infected area.

(2)The powers conferred by this section shall be construed as extending to the taking of any action—

(a)which is requisite for enabling the appropriate treatment to be administered, or

(b)which is otherwise required in connection with that treatment,

and for the purpose of exercising those powers any officer of the Minister may, subject to production of his authority on demand, enter any land or premises taking with him such other persons, if any, as he considers requisite.

Valid from 14/01/2003

[F216A Slaughter of vaccinated animalsE+W

(1)This section applies to any animal which has been treated with vaccine for the purpose of preventing the spread of foot-and-mouth disease or such other disease as the Secretary of State may by order specify.

(2)The Secretary of State may cause to be slaughtered any animal to which this section applies.

(3)The power conferred by this section extends to taking any action—

(a)which is required to enable any such animal to be slaughtered, or

(b)which is otherwise required in connection with the slaughter.

(4)For any animal slaughtered under this section the Secretary of State must pay compensation in accordance with subsections (5) and (6).

(5)In the case of an animal treated with vaccine for the purpose of preventing the spread of foot-and-mouth disease—

(a)if the animal was affected with foot-and-mouth disease the compensation is the value of the animal immediately before it became so affected;

(b)in any other case the compensation is the value of the animal immediately before it was slaughtered.

(6)In the case of an animal treated with vaccine for the purpose of preventing the spread of a disease specified by order under subsection (1) the compensation is of such an amount as may be prescribed by order of the Secretary of State.

(7)In arriving at a value under subsection (5) above no account is to be taken of the fact that the animal had been treated with vaccine as mentioned in that subsection.”

(8)No order may be made under subsection (1) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(9)A statutory instrument containing an order under subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F2S. 16A inserted (E.W.) (14.1.2003) by 2002 c. 42, s. 5; S.I. 2002/3044, art. 2

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