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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2002/20022154.html

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2002 No. 2154

ANIMALS, ENGLAND

ANIMAL HEALTH

The Pigs (Records, Identification and Movement)(Interim Measures) (England) (No. 2) Order 2002

  Made 5.15 pm 16th August 2002 
  Coming into force 6th September 2002 


ARRANGEMENT OF ARTICLES

Article

PART I

Preliminary
1. Title, extent, commencement and cessation
2. Interpretation

PART II

Records and identification of pigs

Records of pigs
3. Records and notifications of holdings
4. Records of pigs

Identification of pigs
5. Identification marks
6. Ear tags

PART III

Movement of pigs
7. Prohibition on certain movements of pigs
8. Restriction on movements of pigs within 20 days of a previous movement
9. Regulation of movement of pigs (other than pet pigs)
10. Regulation of movement of pet pigs
11. Regulation of sales of pigs
12. Provisions as to licences, etc.

PART IV

Miscellaneous
13. Enforcement
14. Revocations etc.
15. Forms

SCHEDULES

  Schedule 1. Holding movement record

  Schedule 2. Movement of pet pigs

The Secretary of State, in exercise of the powers conferred on her by sections 1, 8 and 83(2) of the Animal Health Act 1981[
1] and of all other powers enabling her in that behalf, makes the following Order - 



PART I

PRELIMINARY

Title, extent, commencement and cessation
     1.  - (1) This Order may be cited as the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No. 2) Order 2002 and shall extend to England only.

    (2) This Order shall come into force on 6th September 2002 and shall cease to have effect on 1st February 2003.

Interpretation
    
2.  - (1) In this Order - 

    (2) It shall be sufficient compliance with any provision of this Order requiring or permitting the making of an application, the issue of a licence, notice or authority, the depositing of a document or the sending or giving of a document to effect this by means of a facsimile transmission service.



PART II

RECORDS AND IDENTIFICATION OF PIGS RECORDS OF PIGS

Records and notifications of holdings
     3.  - (1) The owner or keeper of any pig on a holding shall notify in writing the Divisional Veterinary Officer for the area in which the holding is situated of - 

    (2) In the case of a holding established after this Order comes into force, the obligation imposed by paragraph (1) shall be complied with within one month of the establishment of the holding.

    (3) Within one month of any change being made in the notified particulars or of any addition to the information referred to in paragraph (1), the owner or keeper of any pig on a holding shall in writing notify the Divisional Veterinary Officer of the change or the addition.

    (4) The owner or keeper of a pig on a holding shall give the notified particulars to an inspector if requested to do so.

    (5) In this article "Divisional Veterinary Officer" means the veterinary inspector appointed as such by the Secretary of State for the area in which the holding is situated.

Records of pigs
    
4.  - (1) The owner or keeper of a pig on a holding shall make and maintain a record - 

    (2) In the case of any person who sells any pig (whether by auction or by private treaty) on premises used as a market of pigs by auction, he shall (in addition to the records required by paragraph (1) above) make and retain a written record of the name and address of the vendor and purchaser of each lot of pigs, and the number of the pen or pens in which each lot was held.

    (3) Every record under this article shall - 

    (4) Any person who is for the time being in charge of any record required to be kept under this article shall, on demand made by an inspector at any reasonable hour, produce the record and allow a copy to be made of it.

    (5) Where a record required to be made under this article is made in electronic or magnetic form, references in paragraph (4) - 

IDENTIFICATION OF PIGS

Identification marks
    
5.  - (1) No person shall move a pig with a view to its being moved to a place outside Great Britain unless, before the movement commences, it is marked with an identification mark (which shall be legible for the life of the pig to which it is applied) in the form of an ear tag or of a tattoo.

    (2) The identification mark referred to in paragraph (1) - 

    (3) It shall not be lawful to move a pig from a holding (other than with a view to it being moved outside Great Britain) unless, before the movement commences, it is marked - 

    (4) Save in accordance with an authority issued by a veterinary inspector, it shall not be lawful for any person - 

Ear tags
    
6.  - (1) No person shall attach an identification mark to a pig in the form of an ear tag unless the ear tag satisfies the provisions of paragraph (2); and in this Order references to an ear tag are to an ear tag which satisfies those provisions.

    (2) An ear tag shall be so constructed as - 



PART III

MOVEMENT OF PIGS

Prohibition on certain movements of pigs
    
7.  - No person shall - 

Restriction on movement of pigs within 20 days of a previous movement
    
8.  - (1) Subject to the following provisions of this article, whenever any animal has been moved to any premises, no person shall move any pig from those premises (or any other premises in the same sole occupancy group) before the expiry of a period of 20 days from the day on which the animal first referred to was delivered to those premises.

    (2) The restriction contained in paragraph (1) shall not apply in any of the cases set out in article 3(2) of the Disease Control (Interim Measures) (England) (No. 2) Order 2002.

    (3) Notwithstanding the prohibition in paragraph (1), no account shall be taken of the following movements - 

Regulation of movement of pigs (other than pet pigs)
    
9.  - (1) Without prejudice to articles 7 and 8, no person shall move or cause to be moved a pig (other than a pig that is kept solely as a pet) from any premises, unless it is accompanied by a document signed by the owner of the pig or his agent and which specifies - 

    (2) When the pigs arrive at their destination, the person moving the pigs shall give the document referred to in paragraph (1) to the keeper at the premises of destination who shall retain it for a period of 6 months.

    (3) The keeper at the premises of destination shall, within 3 days of the arrival of pigs, send a copy of the document referred to in paragraph (1) to the local authority for the area in which the premises of destination are situated.

    (4) The keeper of a pig being moved to premises outside Great Britain shall send a copy of the document referred to in paragraph (1) to the Local Authority for the area in which the premises from which the pigs are being moved, are situated.

Regulation of movement of pet pigs
    
10.  - (1) Subject to paragraph (3), no person shall move, or cause to be moved from any premises, a pig kept solely as a pet, except under the authority of a licence issued under this article and in the form set out in Schedule 2.

    (2) Paragraph (1) shall not apply where the pig is being moved temporarily from the premises for the purpose of emergency veterinary treatment.

    (3) A licence under this article may be issued by an inspector of the local authority for the area in which the movement commences or by an inspector of the Secretary of State.

Regulation of sales of pigs
    
11.  - (1) No person shall hold a sale of pigs on a farm except in accordance with a licence issued by an inspector of the local authority for the area in which the farm is situated.

    (2) A licence under paragraph (1) above shall not be issued, and a sale shall not be held, unless - 

Provisions as to licences, etc.
    
12.  - (1) Any licence under this Order shall be issued only on application and shall be valid only for the period stated in it.

    (2) Any licence, notice or authority under this Order shall be in writing and - 

    (3) Where this Order refers to a form which appears in a Schedule to this Order that reference shall be taken to include a form substantially to the like effect.



PART IV

MISCELLANEOUS

Enforcement
    
13.  - The provisions of this Order shall, except where otherwise provided, be executed and enforced by the local authority. Revocations etc.
    
14.  - (1) The Pigs (Records, Identification and Movement) (Interim Measures) (England) Order 2002[4] is revoked.

    (2) The Pigs (Records, Identification and Movement) Order 1995[5] shall cease to have effect whilst this Order is in force.

Forms
     15.  - Notwithstanding article 9 of the Animals (Miscellaneous Provisions) Order 1927[6], the local authority may provide and supply printed copies of any document or form required under this Order.
Elliot Morley
Parliamentary Under Secretary of State, Department for Environment, Food and Rural Affairs

Signed at: 5.15 pm on: 16th August 2002



SCHEDULE 1
Article 4


HOLDING MOVEMENT RECORD




The Pigs (Records, Identification and Movement) (Interim Measures) (England) (No. 2) Order 2002

Name and address of person keeping the record


Date of movement Identification mark Number of pigs Premises from which moved Premises to which moved
                        



SCHEDULE 2
Article 10


MOVEMENT OF PET PIGS




LICENCE FOR THE MOVEMENT OF PET PIGS

The Pigs (Records, Identification and Movement) (Interim Measures) (England) (No. 2) Order 2002


(Name and address of person who will be moving the pig) is hereby licensed to move the pig/pigs* described in the table below.

Description of pig being moved Identification mark Name, address (including postcode) and CPH number of premises from which pigs are to be moved and returned to
              

The pig/pigs* to which this licence relates must only be moved in accordance with the route/routes* detailed in schedule(s) [insert schedule number(s)] to this licence.

This licence is issued subject to the conditions set out overleaf.

This licence is valid until (insert date - up to 1 year from date of issue). It must be returned to the issuing authority if not used.

Date of issue

Signature

Name (In block letters)


Divisional Veterinary Manager

Department for Environment, Food and Rural Affairs.

(*Delete as appropriate)

IMPORTANT SEE CONDITIONS ON THE BACK

Conditions
     1. This licence shall be valid only for the period stated, and may be varied, suspended or revoked by the issuing authority at any time.

     2. The person moving the pig under this licence must carry a copy of it throughout the movement and produce it on demand to a constable or an inspector and, if required by that person, give his name and address.

Note to issuing authority: the issuing authority must send a copy of this licence to the local authority of the place of destination within 3 days of it being issued.



EXPLANATORY NOTE

(This note is not part of the Order)


This Order, which extends to England and ceases to have effect on 1st February 2003, temporarily dis-applies and replaces the Pigs (Records, Identification and Movement) Order 1995 (S.I. 1995/11, as amended) ("the 1995 Order"). It consolidates (with amendments) the temporary changes to the 1995 Order, made by the Pigs (Records, Identification and Movement) (Interim Measures) (England) Order 2002 (S.I. 2002/241) (the 2002 Order).

In addition to the changes made by the 2002 Order, this Order - 

A regulatory impact assessment has not been prepared for this Order.


Notes:

[1] 1981 c. 22. See section 86(1) for the definitions of "the Ministers" and "the Minister". Functions of "the Ministers", so far as exercisable by the Secretaries of State for Scotland and Wales, were transferred to the Minister of Agriculture, Fisheries and food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) and were then transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back

[2] S.I. 1995/539 to which there are amendments not relevant to this Order.back

[3] S.I. 2002/2152.back

[4] S.I. 2002/241.back

[5] S.I. 1995/11.back

[6] S.I. 1927/290.back



ISBN 0 11 042781 5


  Prepared 23 September 2002


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URL: http://www.bailii.org/uk/legis/num_reg/2002/20022154.html