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" Animals on common land
     34A. The owner or person in charge of any animal on common or unenclosed land shall not move the animal from that land unless instructed to do so by a notice from a veterinary inspector.".

    (4) Schedule 2 to this Order is added after Schedule 5 to the 1983 Order.

Transitional provisions
     3.  - (1) Declaratory Orders made under Part III of the 1983 Order before this Order comes into force shall have effect so that the provisions of Part III of the 1983 Order as amended by this Order apply in those areas instead of the provisions specified in article 2 of and Schedule 2 to the Declaratory Orders.

    (2) Licences under regulation 18(4) of the amended Order shall not permit any movement before 23 April 2001.


Hayman
Minister of State Ministry of Agriculture Fisheries and Food

7 p.m.
20th April 2001

(a) under the authority of a licence granted by the Minister (or, in the case of knacker's yard, an inspector); or

(b) for disposal under the Animal By-Products Order 1999[3], the Specified Risk Material Order 1997[4] or the Specified Risk Material Regulations 1997[5].

    (2) Anything moved under paragraph 1(a) above shall be moved in a drip-proof container or vehicle, and the owner or person in charge of that container or vehicle shall, as soon as possible after unloading, and in any case before it is used again, cleanse and disinfect it.

    (3) No person shall move anything under this paragraph to premises on which there is an animal and any person moving or receiving anything under this paragraph and the occupier of the premises to which it is moved shall ensure that it is not brought into contact with, or fed to, any animal.

Control of carcases
     21. No person shall move any carcase (other than the carcase of an animal slaughtered for human consumption or a suspect BSE or scrapie carcase destined for disposal) from premises other than a slaughterhouse or knacker's yard, except under the authority of a licence issued by the Minister.

Disposal of manure, slurry, and litter
     22.  - (1) No person shall - 

(a) move any manure, slurry or litter out of an infected area;

(b) discharge any slurry produced in an infected area by means of equipment which produces a jet or spray of liquid, unless the discharge point of the jet or spray is - 


(i) directed downwards at an angle of not less than 45° from horizontal; and

(ii) not more than 1 metre above ground level;



(c) move any manure, slurry or litter in a manner likely to cause spillage - 



(i) on a highway; or

(ii) on any premises other than the premises on which that manure, slurry or litter was produced; or



(d) permit any animal to come into contact with any manure, slurry or litter produced on premises in an infected area, other than at the premises on which the animal is kept.

    (2) The owner or person in charge of any container or vehicle used to carry manure, slurry or litter in an infected area shall cleanse and disinfect the outside surface and wheels of that container or vehicle immediately before and immediately after each occasion on which it is so used except when it is used on the premises on which that manure, slurry or litter was produced.

Control of milk produced in an infected area
     23.  - (1) Subject to paragraph (2) below no person shall feed to any animal any milk produced in an infected area, or any washings from a container which has held any such milk, except milk or container washings produced on the premises where the animal is kept.

    (2) Sub-paragraph (1) shall not apply if - 

(a) before being moved on to the premises the milk or washings are treated in accordance with the requirements of paragraph (3); and

(b) after being so treated the milk or washings - 


(i) are kept separate at all times from other milk and washings not so treated, and

(ii) are kept in containers which have first been cleansed and disinfected.

    (3) The requirements referred to in sub-paragraph (2) are that the milk or washings must be - 

(a) heated to a temperature of 76.66°C, and held at that temperature for a least 5 seconds;

(b) heated to a temperature of 72°C, and held at that temperature for a least one minute;

(c) heated to a temperature of 65°C, and held at that temperature for a least 2 minutes;

(d) heated to a temperature of 60°C, and held at that temperature for a least 30 minutes;

(e) heated to such temperature as may be specified in writing by a veterinary inspector, and held at that temperature for such period as may be so specified; or

(f) in the case of whey only, held at a temperature of not less than 10°C for a period of at least 24 hours.

    (4) No person shall sell or dispose of milk produced in an infected area (except by way of retail sale or disposal as waste), unless that sale or disposal is accompanied by a declaration signed by him and stating - 

(a) that the milk was produced in an infected area; and

(b) whether or not it has been treated in accordance with the requirements of paragraph (3).

    (5) Any person disposing of milk produced in an infected area as waste shall ensure that it does not come into contact with any animal.

    (6) No person shall use a tanker vehicle for the collection of milk from farms in an infected area unless an air filter of a type approved by the Minister has been fitted to the air outlet of the tank.

    (7) For the purposes of this paragraph "milk" does not include cream.

Animals on common land
     24. The owner or person in charge of any animal on common or unenclosed land shall not move the animal from that land unless instructed to do so by a notice from a veterinary inspector.

Straying animals
     25.  - (1) The owner or person in charge of an animal shall take all such steps as may be necessary to prevent it from straying from the premises on which it is kept.

    (2) If an inspector finds a stray or feral animal, he may detain it and if he cannot ascertain the owner after reasonable enquiries, he may destroy it.

Control of dogs and poultry in an infected area
     26.  - (1) It shall be the duty of the owner of any dog to ensure that (except when it is in a dwellinghouse) it is kept under proper control by being - 

(a) confined in a kennel or other enclosure from which it cannot escape;

(b) effectively secured to some fixed object by a collar and chain; or

(c) accompanied by, and under the effectual control of, the owner or some responsible person authorised by him for the purpose.

    (2) Any dog which is not kept under control in accordance with the provisions of this paragraph may be seized by the local authority or by the police, and dealt with in the same manner as a stray dog seized under the powers conferred by section 3 of the Dogs Act 1906.

    (3) An inspector may, by notice served on the occupier of any premises on which any dog or poultry is kept, require him to keep such dog or poultry under such control as may be specified in the notice, or to confine that dog or poultry to the part of the premises specified in the licence.

Precautions to be taken by persons clipping or dipping sheep in infected area
     27. No person shall clip or dip sheep in an infected area except under a licence issued by a veterinary inspector.

Power to close footpaths and to prevent entry on to premises
     28.  - (1) Subject to paragraph (2) below, an inspector may, not withstanding the existence of any right of way, prohibit the entry of any person on to any land, or into any agricultural building, by displaying, or causing to be so displayed, a notice to that effect at every entrance to that land or building.

    (2) No person shall enter any land or building in respect of which a notice is displayed under paragraph (1) above, other than - 

(a) the owner of any animal on that land or in that building, or a person authorised by him, who enters for the purpose of tending that animal; or

(b) a person entering that land or building under the authority of a licence granted by an inspector.

    (3) A notice under paragraph (1) above shall only be removed in accordance with the written instructions of an inspector.

Cleansing and disinfection of certain premises
     29. The occupier of a collecting centre, slaughterhouse or knacker's yard shall cleanse and disinfect the premises as soon as practicable after it has been emptied of animals and in any event before any animal, fodder, litter or thing is moved there again, at his own expense and in accordance with the provisions of paragraphs 1 and 2 of Schedule 2 to this Order together with any additional requirements notified by inspector.

Prohibition of certain sporting and recreational activities
     29A.  - (1) The following activities are prohibited - 

(a) hunting, hawking and stalking (other than culling deer under the authority of a licence of the Minister);

(b) point-to-point meetings;

(c) shooting game or other wildlife; and

(d) racing or coursing, or training for racing or coursing, of any hounds or dogs, other than the racing or training of greyhounds on a track which is a licensed track for the purposes of the Betting, Gaming and Lotteries Act 1963, or the training of greyhounds for racing at kennels licensed by the National Greyhound Racing Club.

    (2) Nothing in paragraph (1) shall make it unlawful for the occupier of any land, or for a member of a shooting party consisting of not more than three persons who are members of the occupier's household or persons employed by him or beaters, to shoot or attempt to shoot any game or other wildlife or any marauding deer found on that land.

    (3) If a veterinary inspector is of the opinion that holding any sporting or recreational activity may cause the spread of disease he may prohibit it by serving a notice on the person responsible for the activity.

Markets, fairs, shows or other gatherings of animals
     29B. No person shall use any premises for a fair, market, show or other gathering of animals, or collect or distribute animals for such an event.

CATTLE (including water buffalo and bison) - A broad arrow, 15cm long, clipped on left hindquarter, and hair clipped off end of tail.

SHEEP AND GOATS - A single red stripe, 30cm long and 2cm wide, painted with adhesive composition, or in such manner that it will remain legible for the entire length of the journey, down the centre of the sheep's back.

PIGS AND WILD BOAR - A single red stripe, 30cm long and 2cm wide, painted with adhesive composition, or in such manner that it will remain legible for the entire length of the journey, down the centre of the pig's back.

DEER - A single red stripe, 60cm long and at least 5cm wide, painted with adhesive composition, or in such manner that it will remain legible for the entire length of the journey, down the centre of the back.

     2. A veterinary inspection must be carried out by a Local Veterinary Inspector (LVI) not more than 24 hours prior to the start of the licensed movement. The LVI will inspect all the animals to be moved (which must be marked as at Condition 1) and those in contact with them as well as other susceptible animals, other than those on remote grazings, for signs of Foot-and-Mouth Disease. The LVI must complete a written declaration at Part II of the licence.

     3. Where no time period is specified for the completion of this licence, it shall be completed within 5 days or such shorter period as may be specified by an inspector.

     4. Where no time limit is specified for the slaughter of the animals, they shall be slaughtered within 24 hours of arrival at the slaughterhouse or such shorter period as may be specified by an inspector.

     5. The animals to which this licence relates shall - 

(a) while being moved, be kept separate from any animal not being moved under this licence;

(b) be moved by the most direct route available to the place of destination specified in the licence only;

(c) be moved so as not to leave the Infected Area (a specified route must be inserted overleaf). The route taken and the place of destination chosen must not be such as to require a scheduled stop; and

(d) be accompanied throughout their movement by this licence which shall be handed to the occupier of the premises to which they are delivered (or his representative) before the animals are unloaded.

     6. The Declarations in Part III of this licence shall be completed on the day the animals are moved but before the animals leave the premises.

     7. Where an animal is moved to a slaughterhouse under the authority of a licence granted by an inspector, it shall be slaughtered there in accordance with any condition relating to slaughter specified in this licence.

     8. The vehicle transporting the animals to the slaughterhouse or collecting centre shall be thoroughly cleansed and disinfected before leaving those premises in accordance with the requirements of Schedule 2 to the Foot-and-Mouth Disease Order 1983.

NOTE:
Any person involved in the movement or slaughter of animals under Part III of the Foot-and-Mouth Disease Order 1983 (as amended) must comply with any provisions of the following legislation applicable to them.

The Welfare of Animals (Transport) Order 1997 (as amended)

The Transport of Animals (Cleansing and Disinfection) (England) (No 2) Order 2000

The Welfare of Farmed Animals (England) Regulations 2000

The Disease of Animals (Approved Disinfectants) Order 1978 (as amended)

The Cattle Identification Regulations 1998 (as amended)

The Bovine Animals (Records, Identification and Movement) Order 1995 (as amended)

The Cattle Identification of Older Animals Regulations 2000

The Pigs Records, Identification and Movement Order 1995 (as amended)

The Sheep and Goats Identification Order (England) 2000

The Sheep and Goats (Records, Identification and Movement) Order 1996.

This licence shall be produced on demand to an inspector or other officer of the Ministry or local authority or to a constable, who may take a copy thereof or an extract there from, and may also require the person in charge of the animals to which this licence relates to furnish his name and address.

THIS LICENCE IS VALID FOR A PERIOD OF 5 DAYS FROM THE DATE OF ISSUE (OR SUCH SHORTER PERIOD AS MAY BE SPECIFIED BY AN INSPECTOR). HOWEVER, IT CANNOT BE USED UNTIL THE OWNER/KEEPER DECLARATION HAS BEEN SIGNED AND THE MOVEMENT MUST BE COMPLETED ON THE DAY THE DECLARATION IS SIGNED.

FAILURE TO COMPLY WITH ANY OF THESE PROVISIONS MAY RENDER A PERSON LIABLE TO PROSECUTION AND HEAVY PENALTIES ON CONVICTION.

[2] S.I. 1983/1950, as amended by S.I. 1993/3119, S.I. 1995/2922 and, as regards England, S.I. 2001/571, S.I. 2001/680, S.I. 2001/974, S.I. 2001/1078 and S.I. 2001/1407.back

[3] S.I. 1999/646.back

[4] S.I. 1997/2964 as amended by S.I. 2000/3234, S.I. 2000/3377 and S.I. 2000/3387/W/224.back

[5] S.I. 1997/2965 as amended by S.I. 1997/3062, S.I. 1998/2045 itself amended by S.I. 1998/2431, S.I. 1999/539, S.I. 2000/656, S.I. 2000/2672, S.I. 2000/3381 and S.I. 2000/3387/W/224.back

[6] the time specified here shall be less than 24 hours.back

[7] the number of days specified here is to be no more than 5.back

 © Crown copyright 2001