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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2006 No. 182

ANIMALS, ENGLAND

ANIMAL HEALTH

The Foot-and-Mouth Disease (England) Order 2006

  Made 30th January 2006 
  Coming into force 23rd February 2006 


CONTENTS


PART 1

Introduction
1. Title, application and commencement
2. Interpretation
3. Extension of definitions of "animals" and "poultry"
4. Premises comprising common or unenclosed land
5. Licences and declarations
6. Notices
7. Dissemination of information concerning restrictions and requirements
8. Disinfection

PART 2

Notification, suspicion and investigation of disease
9. Notification of disease or suspected disease
10. Notice of suspicion of disease
11. Suspicion of disease in animals in transit
12. Veterinary inquiry into the existence of disease and declaration of suspect premises and infected premises
13. Separate production units
14. Tracing of possible disease spread
15. Maintenance of measures in respect of premises
16. Declaration of a temporary control zone
17. Measures applicable in respect of a temporary control zone
18. Supplementary measures in respect of a temporary control zone: straying of susceptible animals
19. Declaration of supplementary movement control zone
20. Measures applicable in respect of a supplementary movement control zone

PART 3

Measures following confirmation of disease
21. Tracing of products originating on infected premises
22. Notice of intention to slaughter animals
23. Sampling and clinical examination of susceptible animals before slaughter
24. Place of slaughter
25. Slaughter: control of carcases
26. Slaughter: control of faecal material
27. Slaughter: isolation of things liable to spread disease
28. Slaughter: cleansing and disinfection of premises other than slaughterhouses and border inspection posts
29. Slaughter: cleansing and disinfection of slaughterhouses and border inspection posts
30. Restocking of premises following slaughter
31. Declaration of protection zones and surveillance zones on confirmation of disease in England
32. Declaration of protection zones and surveillance zones on confirmation of disease in Scotland or Wales
33. Protection zones and surveillance zones: general provisions
34. Measures applicable in respect of protection zones and surveillance zones
35. Veterinary inspection of premises in protection zones and surveillance zones
36. Power to prohibit entry to land or agricultural buildings in a protection zone
37. Amendment and revocation of declarations creating protection zones and surveillance zones
38. Declaration of a restricted zone
39. Measures applicable in respect of a restricted zone
40. Presence of disease in wild animals and declaration of a wild animal infected zone
41. Measures applicable in a wild animal infected zone

PART 4

General and supplementary provisions
42. Production of licences
43. Further provision relating to certain premises
44. Duty of the local authority to erect signs
45. Cleansing and disinfection of vehicles transporting susceptible animals
46. Cleansing and disinfection of vehicles: provision of facilities, equipment and materials
47. Marks applied under this Order
48. Change of occupation of premises under restriction
49. Reasonable assistance
50. False information
51. Compliance with notices and directions
52. Production of records
53. Retention of records
54. Designated areas and periods for the inspection of vehicles
55. General powers of veterinary inspectors to take action to prevent the spread of disease
56. Powers of inspectors in case of default
57. Offences by bodies corporate
58. Offences: no knowledge of restriction or requirement
59. Enforcement

PART 5

Amendments and revocations
60. Amendment to the Diseases of Animals (Approved Disinfectants) Order 1978
61. Amendment to the Foot-and-Mouth Disease (Ascertainment of Value) (No. 5) Order 2001
62. Amendment to the Disease Control (England) Order 2003
63. Revocations

  SCHEDULE 1— Measures applicable in respect of premises on suspicion and confirmation of disease

  SCHEDULE 2— Criteria for confirming disease

  SCHEDULE 3— Cleansing and Disinfection of premises
 PART 1— General procedures for cleansing and disinfection of premises
 PART 2— Cleansing and disinfection of infected premises
 PART 3— Disinfection of contaminated used litter, manure and slurry
 PART 4— Special cases

  SCHEDULE 4— Restocking of premises
 PART 1— General principles
 PART 2— Restocking of premises in a vaccination zone or with vaccinated animals
 PART 3— Movement of susceptible animals during restocking and completion of restocking

  SCHEDULE 5— Measures applicable in respect of protection zones and surveillance zones
 PART 1— Measures applicable in respect of both protection zones and surveillance zones
 PART 2— Measures applicable only in respect of a protection zone
 PART 3— Measures applicable only in respect of a surveillance zone

  SCHEDULE 6— Treatments to ensure the destruction of disease virus
 PART 1— Products of animal origin (other than fresh meat, milk and milk products)
 PART 2— Products not of animal origin
 PART 3— Fresh meat
 PART 4— Milk and milk products

  SCHEDULE 7— Measures applicable in respect of a restricted zone

  SCHEDULE 8— Measures applicable in respect of a wild animal infected zone

  SCHEDULE 9— Orders revoked

The Secretary of State makes the following Order in exercise of the powers conferred by sections 1, 2, 7(1), 8(1), 13, 15(3), 15(4), 17(1), 23, 25, 26(1), 26(2), 28, 34(7), 38(1), 65A(3), 83(2), 87(2) and 87(5) of the Animal Health Act 1981[
1] and now vested in her[2]:



PART 1

Introduction

Title, application and commencement
     1. —(1) This Order may be cited as the Foot-and-Mouth Disease (England) Order 2006.

    (2) It applies only in England and comes into force on 23rd February 2006.

Interpretation
    
2. —(1) In this Order—

    (2) References in this Order to "emergency slaughter" mean slaughter of animals which are not suspected of infection or contamination and are not on infected premises, where an inspector considers that the circumstances require urgent slaughter (including slaughter for welfare reasons).

    (3) References in this Order to "susceptible animals originating in", in respect of a protection zone or surveillance zone or "susceptible animals originating on", in respect of infected premises mean—

    (4) References in this Order to "susceptible animals originating in", in respect of a vaccination zone or temporary control zone or "susceptible animals originating on", in respect of suspect premises or contact premises mean—

Extension of definitions of "animals" and "poultry"
     3. For the purposes of the Act in its application to disease and to this Order—

Premises comprising common or unenclosed land
    
4. For the purposes of this Order—

Licences and declarations
    
5. —(1) Licences granted under this Order—

    (2) Except where otherwise directed by the Secretary of State, a licence granted in Scotland or Wales for the same purpose as a licence which may be granted under this Order is valid for that purpose in England and its conditions apply in England as if it was a licence granted under this Order.

    (3) Declarations made under this Order shall be in writing.

    (4) Any amendment to or revocation of a declaration shall be made by further declaration.

Notices
    
6. —(1) Notices issued under this Order may be amended or revoked in writing at any time.

    (2) A notice which—

shall contain a description of the premises sufficient to enable the extent of the premises to be ascertained.

    (3) Such a description may be amended by a veterinary inspector if he is satisfied that it does not describe an appropriate area for the purposes of investigating and monitoring the spread of disease in respect of animals which are usually kept together.

Dissemination of information concerning restrictions and requirements
    
7. —(1) The Secretary of State shall take such steps as she considers fit to ensure that licences, declarations and notices are brought to the attention of those who may be affected by them as soon as is reasonably practicable.

    (2) She shall also ensure that—

are publicised.

Disinfection
    
8. Disinfection under this Order shall be carried out with a disinfectant which is—



PART 2

Notification, suspicion and investigation of disease

Notification of disease or suspected disease
     9. —(1) Subject to paragraph (6), a person who has in his possession or charge an animal or carcase which is infected or suspected of being infected shall immediately notify the Divisional Veterinary Manager.

    (2) Subject to paragraph (6), a person who in the course of his occupation discovers that an animal or carcase not in his possession or charge is infected or suspected of being infected shall immediately notify the Divisional Veterinary Manager.

    (3) If the occupier of any premises notifies the Divisional Veterinary Manager under this article of an animal or carcase at those premises Schedule 1 shall then apply in respect of those premises.

    (4) Any constable who receives notification of disease under section 15(1) of the Act shall immediately inform the Divisional Veterinary Manager.

    (5) Any Divisional Veterinary Manager who receives notification under this article from someone other than the occupier of the premises where the notified animal or carcase is located may serve a notice on the occupier informing him of the notification and Schedule 1 shall then apply in respect of those premises.

    (6) Paragraphs (1) and (2) do not apply to a person in possession of or carrying the disease pathogen in accordance with the terms of a licence granted under the Specified Animal Pathogens Order 1998[
12].

Notice of suspicion of disease
     10. —(1) If an inspector knows or suspects that disease exists or has in the previous 56 days been present on any premises, he shall immediately serve a notice on the occupier stating that fact and Schedule 1 shall then apply in respect of those premises.

    (2) If an inspector knows or suspects that an animal suspected of being contaminated is on any premises, he shall immediately serve a notice on the occupier stating that fact and Schedule 1 shall then apply in respect of those premises.

Suspicion of disease in animals in transit
    
11. —(1) If an inspector knows or suspects that an animal in transit is infected or contaminated he shall immediately serve a notice on the keeper of the animal (if present) and on the person in charge of the vehicle—

    (2) The inspector shall ensure that the occupier of premises to which animals are directed is served with a notice on their arrival stating that those premises are under restriction and Schedule 1 shall then apply in respect of those premises.

    (3) The person in charge of any vehicle detained under paragraph (1)(c) shall cleanse and disinfect it without delay in accordance with Schedule 2 to the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 2003[
13] and with any additional requirements an inspector imposes by serving a notice on him.

    (4) The person in charge of any equipment or other thing detained under paragraph (1)(c) shall cleanse and disinfect it in accordance with the directions of an inspector.

Veterinary inquiry into the existence of disease and declaration of suspect premises and infected premises
     12. —(1) The Chief Veterinary Officer shall ensure that the presence or suspicion of infection or contamination is investigated in accordance with this article by a veterinary inspector as soon as is reasonably practicable.

    (2) The Chief Veterinary Officer shall ensure that the presence or absence of disease on every premises in a temporary control zone where susceptible animals are kept or have in the 56 days before the declaration of that zone been kept is investigated in accordance with this article by a veterinary inspector as soon as is reasonably practicable.

    (3) The veterinary inspector investigating shall take all steps he considers necessary to determine whether disease exists or has in the 56 days before the commencement of the investigation existed on the premises, and the related circumstances.

    (4) Subject to paragraph (5), in taking such steps he shall ensure that any samples necessary for that determination are taken.

    (5) Sampling shall not be considered necessary on premises which the Chief Veterinary Officer considers to be epidemiologically linked with a primary source of disease for which samples have already been taken.

    (6) The veterinary inspector investigating may mark any animal, carcase or other thing liable to spread disease found on the premises.

    (7) If the veterinary inspector investigating considers it necessary to submit a serological sample for testing to determine whether disease exists or has in the 56 days before the investigation existed on the premises, he shall declare the premises to be suspect premises.

    (8) The veterinary inspector investigating shall communicate to the Chief Veterinary Officer his opinion as to whether disease exists or has in the 56 days before the investigation existed on any premises under inquiry.

    (9) If his opinion is that disease exists or has in the 56 days before the investigation existed on any premises the officer investigating shall also communicate to the Chief Veterinary Officer his opinions on at least the following—

and in sub-paragraphs (c), (e) and (f), "premises" includes premises outside England.

    (10) The Chief Veterinary Officer shall consider and may confirm every opinion communicated to her under this article.

    (11) If the Chief Veterinary Officer concludes after consideration of any opinion communicated to her under this article that one or more of the criteria in Schedule 2 are satisfied in respect of any premises she shall confirm disease there.

    (12) If the Chief Veterinary Officer confirms disease at any premises the Secretary of State shall declare those premises to be infected premises.

    (13) A declaration under paragraph (7) or (12) shall be by notice served on the occupier.

    (14) Any infected premises is an infected place for the purposes of the Act.

Separate production units
    
13. —(1) The Secretary of State may by notice served on the occupier of any premises investigated under article 12 (other than infected premises) declare that they are to be regarded as two or more separate production units if the Chief Veterinary Officer advises at the time of the veterinary inquiry that in her opinion—

    (2) A declaration under paragraph (1) shall identify, and designate the boundaries of, each separate unit and shall declare every separate unit which is free of disease to be a free unit.

    (3) A unit shall cease to be a free unit on—

Tracing of possible disease spread
    
14. —(1) The Secretary of State shall declare premises (other than infected premises) to be suspect premises if the Chief Veterinary Officer advises that she suspects them of contamination from premises already declared to be suspect premises or from a suspected case of disease outside England.

    (2) The Secretary of State shall declare premises (other than infected premises or suspect premises) to be contact premises if the Chief Veterinary Officer advises either—

and in sub-paragraphs (a) and (b) "premises" includes premises outside England.

    (3) Declarations under this article shall be by notice served on the occupier.

    (4) The Secretary of State shall ensure that any premises declared to be suspect premises or contact premises under this article are subjected to investigation in accordance with article 12 as soon as is reasonably practicable.

    (5) Where, following a declaration under article 13(1), premises are to be regarded as consisting of separate production units the Secretary of State shall amend any declaration under paragraph (2) to specify to or from which units disease may have been carried and only those units specified shall form the contact premises.

    (6) Schedule 1 applies in respect of suspect premises or contact premises declared under this article.

Maintenance of measures in respect of premises
    
15. —(1) If premises are declared to be infected premises, they shall no longer be suspect premises or contact premises.

    (2) Schedule 1 shall continue to apply to premises if they are declared to be infected premises.

    (3) The Secretary of State shall not revoke any notice declaring premises to be suspect premises until she is advised by the Chief Veterinary Officer that she no longer suspects infection or contamination there.

    (4) The Secretary of State shall not revoke any notice declaring premises to be contact premises until she is advised by the Chief Veterinary Officer that she no longer suspects that disease may have been carried there or from there.

    (5) The Secretary of State shall not revoke any notice declaring premises to be infected premises until completion of the final cleansing and disinfection measures in paragraphs 15 to 17 of Schedule 3.

Declaration of a temporary control zone
    
16. —(1) On the declaration of any suspect premises the Secretary of State shall also declare an area around those premises of such size as she considers fit to prevent the spread of disease to be a temporary control zone.

    (2) If the Secretary of State is satisfied that an animal or carcase in Scotland or Wales is suspected of being infected or contaminated, she may declare a temporary control zone of such size as she considers fit to prevent the spread of disease.

    (3) An area shall remain a temporary control zone (or part of one) until—

    (4) If the Secretary of State is advised as mentioned in paragraph (3)(b)—

    (5) Any amendment or revocation of a declaration creating a temporary control zone shall refer to that declaration and state the date and time it is to take effect.

    (6) Any premises which are partly inside and partly outside a temporary control zone shall be deemed to be wholly inside it.

Measures applicable in respect of a temporary control zone
    
17. —(1) No person shall move any susceptible animal into or out of a temporary control zone, except where the movement is—

    (2) Subject to paragraph (3), no person shall move any susceptible animal from or to premises in a temporary control zone (without leaving that zone) except to complete a journey started before the creation of that zone or under the authority of a licence granted by an inspector.

    (3) The Secretary of State may, after considering the factors in paragraph (4), declare that instead of the restriction in paragraph (2) all the following measures apply in a temporary control zone—

    (4) When considering a declaration under paragraph (3), the Secretary of State shall take into account the following factors in respect of the temporary control zone—

    (5) The measures in paragraphs (2) and (3) apply—

Supplementary measures in respect of a temporary control zone: straying of susceptible animals
    
18. —(1) The keeper of a susceptible animal in a temporary control zone shall take all such steps as are necessary to prevent it from straying from the premises on which it is kept.

    (2) An inspector may detain any stray or feral susceptible animal found in a temporary control zone.

Declaration of supplementary movement control zone
    
19. —(1) When a temporary control zone has been declared, the Secretary of State may also declare a supplementary movement control zone which—

    (2) An area shall remain a supplementary movement control zone (or part of one) until—

    (3) Any amendment or revocation of a declaration creating a supplementary movement control zone shall refer to that declaration and state the date and time it is to take effect.

    (4) Any premises which are partly inside and partly outside a supplementary movement control zone shall be deemed to be wholly inside it.

    (5) A supplementary movement control zone applies in respect of—

Measures applicable in respect of a supplementary movement control zone
    
20. —(1) No person shall move any animal in respect of which a supplementary movement control zone applies from or to any premises in such a zone or into or out of such a zone except where the movement is—

    (2) Paragraph (1) applies—

    (3) Any inspector granting a licence under paragraph (1)(c) shall take account of the recommended measures in paragraph 2.1 of Annex VI to the Directive.



PART 3

Measures following confirmation of disease

Tracing of products originating on infected premises
    
21. —(1) The Secretary of State shall trace all milk, milk products, meat, meat products, carcases, hides and skins, wool, semen, ova and embryos derived or collected from susceptible animals originating on infected premises.

    (2) After tracing any semen, ovum or embryo, the Secretary of State shall, by notice served on the owner, or if that person is not readily ascertainable, the person in charge of it, direct that person to arrange for its disposal.

    (3) After tracing any other item referred to in paragraph (1), the Secretary of State shall, by notice served on its owner, or if the owner is not readily ascertainable the person in charge of it, direct the owner or that person to either—

Notice of intention to slaughter animals
    
22. —(1) Subject to paragraph (2), before causing the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act, the Secretary of State shall serve notice of her intention to cause such slaughter—

    (2) Paragraph (1) does not apply where the Secretary of State intends to cause the slaughter of a stray or feral animal detained by an inspector under article 18(2) or under paragraph 2(2) of Schedule 5 or paragraph 5(2) of Schedule 7.

Sampling and clinical examination of susceptible animals before slaughter
    
23. Where the Secretary of State serves notice of her intention to cause the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act, she shall ensure that any sampling and clinical examination she considers necessary to carry out the veterinary inquiry under article 12 is undertaken before, or immediately following, such slaughter.

Place of slaughter
    
24. —(1) This article applies where the Secretary of State serves notice of her intention to cause the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act.

    (2) Subject to paragraph (3), where the animals to be slaughtered are on premises slaughter shall take place there without delay.

    (3) Paragraph (2) shall not apply where—

    (4) In the cases referred to in paragraph (3), the Secretary of State may direct that slaughter be carried out at another place she considers satisfactory for the purpose of preventing the spread of disease.

    (5) Where the animals to be slaughtered are in transit, they shall be transported to another place at the direction of the Secretary of State as soon as is reasonably practicable.

    (6) In directing transport to another place under this article the Secretary of State shall grant a licence under paragraphs 4(6), 7(d) and 10(b) of Schedule 1 authorising movement of the animals, persons and vehicles necessary for that action.

Slaughter: control of carcases
    
25. —(1) This article applies to every carcase of a susceptible animal on premises where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act.

    (2) No person shall move any carcase to which this article applies from the premises except for disposal and under the authority of a licence granted by the Secretary of State.

    (3) The Secretary of State shall ensure that every carcase to which this article applies is disposed of without undue delay, and in so ensuring—

Slaughter: control of faecal material
    
26. —(1) This article applies to premises where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act.

    (2) No person shall move any dung, manure, slurry or used litter of susceptible animals from premises to which this article applies except—

Slaughter: isolation of things liable to spread disease
     27. —(1) This article applies to the occupier of—

    (2) Subject to paragraph (3) a person to whom this article applies shall isolate all milk, milk products, meat, meat products, carcases, hides and skins, wool, semen, embryos, ova, slurry, manure, animal feed and used litter on the premises from any animal until—

    (3) Paragraph (2) does not apply to milk on free units where this is authorised by a licence granted by the Secretary of State

    (4) A licence granted under paragraph (3) shall contain terms requiring that—

Slaughter: cleansing and disinfection of premises other than slaughterhouses and border inspection posts
    
28. —(1) This article applies to any premises, other than a slaughterhouse or border inspection post, where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act and to any vehicle used to carry susceptible animals on those premises, after—

    (2) The Secretary of State shall ensure that every building, other part of the premises, vehicle used to carry susceptible animals and any other thing or place on the premises normally used by animals which may be contaminated is cleansed and disinfected in accordance with Schedule 3.

    (3) The Secretary of State shall ensure that any part of the premises normally used by humans to the exclusion of animals (including a dwelling) she suspects to be contaminated is cleansed and disinfected in accordance with Schedule 3.

Slaughter: cleansing and disinfection of slaughterhouses and border inspection posts
    
29. —(1) This article applies to a slaughterhouse or border inspection post where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act, and to any vehicle used to carry susceptible animals on those premises, after—

    (2) The Secretary of State shall ensure that every building and place, equipment, vehicle and other thing which may be contaminated on premises to which this article applies are cleansed and disinfected in accordance with Schedule 3.

    (3) No person shall move any animal on to the premises until at least 24 hours after completion of the final cleansing and disinfection measures in paragraphs 15 to 17 of Schedule 3.

Restocking of premises following slaughter
    
30. —(1) This article applies to any premises where the Secretary of State has caused the slaughter of animals under paragraph 2A or 3 of Schedule 3 to the Act.

    (2) No person shall restock premises to which this article applies except under the authority of a licence granted by the Secretary of State and in accordance with Schedule 4.

    (3) No licence shall be granted allowing restocking to commence—

Declaration of protection zones and surveillance zones on confirmation of disease in England
    
31. —(1) The Secretary of State shall declare an area to be a protection zone and an area to be a surveillance zone in the circumstances mentioned in paragraph (2).

    (2) The circumstances referred to in paragraph (1) are when the Chief Veterinary Officer confirms disease on premises in England, other than—

    (3) The Secretary of State may declare an area to be a protection zone in the circumstances mentioned in paragraph (4) and if she decides to do so, she shall also declare an area to be a surveillance zone.

    (4) The circumstances referred to in paragraph (4) are when the Chief Veterinary Officer confirms disease—

    (5) Subject to paragraph (6), a protection zone or surveillance zone declared under this article shall be of such size as the Secretary of State considers fit to prevent the spread of disease.

    (6) A declaration under this article shall designate—

Declaration of protection zones and surveillance zones on confirmation of disease in Scotland or Wales
    
32. —(1) If the Secretary of State is satisfied that disease is present on premises (other than a slaughterhouse or border inspection post) in Scotland or Wales—

    (2) If the Secretary of State is satisfied that disease is present at—

she may declare an area to be a protection zone, or an area to be a surveillance zone, or both, in England.

    (3) Subject to paragraph (4), a protection zone or surveillance zone declared under this article shall be of such size as the Secretary of State considers fit so as to prevent the spread of disease.

    (4) A declaration under this article shall designate the extent of any protection zone or surveillance zone declared and the Secretary of State shall ensure that—

    (5) In this article border inspection post means—

Protection zones and surveillance zones: general provisions
     33. —(1) Any premises which are partly inside and partly outside a protection zone shall be deemed to be wholly inside that zone.

    (2) Any premises (except premises which are partly inside a protection zone) which are partly inside and partly outside a surveillance zone shall be deemed to be wholly inside that zone.

    (3) Any protection zone or surveillance zone is an infected area for the purposes of the Act.

Measures applicable in respect of protection zones and surveillance zones
    
34. —(1) The measures in Parts 1 and 2 of Schedule 5 apply in respect of a protection zone and those in Parts 1 and 3 of Schedule 5 apply in respect of a surveillance zone.

    (2) Subject to paragraphs (3) and (4),the Secretary of State may declare that any other measure she considers fit so as to prevent the spread of disease applies in respect of the whole or any part of any protection zone or surveillance zone and any such measure shall then apply in respect of that protection zone or surveillance zone or that part of it.

    (3) The Secretary of State shall not make a declaration under paragraph (2), unless she is satisfied that the measures to be applied by that declaration are—

    (4) The Secretary of State shall take into account the recommended measures in paragraph 2.2 of Annex VI to the Directive before restricting the movement of horses in a surveillance zone by a declaration under paragraph (2).

    (5) An area shall remain a protection zone or surveillance zone until the declaration creating it is amended or revoked in accordance with article 37.

Veterinary inspection of premises in protection zones and surveillance zones
    
35. —(1) The Secretary of State shall ensure that all premises within a protection zone or a surveillance zone where susceptible animals are kept are inspected by a veterinary inspector as regularly as she considers fit to prevent the spread of disease.

    (2) A veterinary inspector inspecting premises under paragraph (1) shall ensure that the inspection includes—

Power to prohibit entry to land or agricultural buildings in a protection zone
    
36. —(1) Subject to paragraph (2), and with the prior written consent of the Secretary of State, an inspector may, notwithstanding the existence of any public footpath or other right of way, prohibit the entry of any person—

in a protection zone by causing a notice to that effect to be displayed at every entrance to that land or building.

    (2) No person other than—

shall enter any land or building in respect of which a notice is displayed under paragraph (1)

    (3) No person shall remove or alter a notice displayed under this article except at the direction of an inspector.

    (4) Any prohibition on entry to land or buildings imposed under this article is revoked if the declaration creating the protection zone is amended in accordance with article 37 so that the protection zone becomes part of a surveillance zone.

    (5) Any prohibition on entry to land or buildings imposed under this article may be revoked in whole or in part by—

Amendment and revocation of declarations creating protection zones and surveillance zones
    
37. —(1) The Secretary of State may, where she is satisfied that the conditions in paragraph (2) are met, amend the declaration creating a protection zone so that the area within its boundaries becomes part of the surveillance zone centred on the same premises.

    (2) The conditions for amendment of a declaration creating a protection zone are—

    (3) The Secretary of State may, where she is satisfied that the conditions in paragraph (4) are met, revoke the declaration creating a surveillance zone.

    (4) The conditions for revocation of a declaration creating a surveillance zone are—

    (5) An amendment or revocation under this article shall refer to the declaration creating the protection zone and surveillance zone and specify the date and time the amendment or revocation is to take effect.

    (6) In this article "preliminary cleansing and disinfection" means cleansing and disinfection undertaken in accordance with paragraphs 12 and 13 of Schedule 3, as required by article 28 or 29, and ending 24 hours after the application of disinfectant.

Declaration of a restricted zone
    
38. —(1) The Secretary of State shall declare a restricted zone if the Chief Veterinary Officer advises her that in her opinion disease has become extensive in Great Britain and the declaration of such a zone would prevent its spread.

    (2) The Secretary of State may, on confirmation by the Chief Veterinary Officer of disease on premises in Great Britain, declare an area to be a restricted zone.

    (3) A restricted zone shall be of such size as the Secretary of State considers fit to prevent the spread of disease, having considered a thorough epidemiological assessment of the situation.

    (4) The epidemiological assessment shall include consideration of the possible time and probable location of the introduction of disease to Great Britain, its possible spread and the probable period of time necessary to eradicate it.

    (5) An area shall remain a restricted zone (or part of one) until—

    (6) Any amendment or revocation of a declaration creating a restricted zone shall refer to that declaration and state the date and time it is to take effect.

    (7) Subject to paragraph (8), any premises which are partly inside and partly outside a restricted zone shall be deemed to be wholly inside that restricted zone.

    (8) Paragraph (7) does not apply to premises which are also partly inside—

Measures applicable in respect of a restricted zone
    
39. —(1) The measures in Schedule 7 apply in respect of a restricted zone in addition to any requirement or restriction applying in any part of it because that part falls within a zone listed in article 38(8).

    (2) The Secretary of State may declare that any other measure she considers fit so as to prevent the spread of disease applies in respect of the whole or any part of any restricted zone and any such measure shall then apply in respect of that restricted zone or that part of it.

Presence of disease in wild animals and declaration of a wild animal infected zone
    
40. —(1) The Secretary of State shall, on confirmation of disease in a wild animal in England, declare an area to be a wild animal infected zone.

    (2) The Secretary of State may, if she is satisfied that disease is present in a wild animal in Scotland or Wales, declare a wild animal infected zone.

    (3) A wild animal infected zone shall be of such size as the Secretary of State considers fit to prevent the spread of disease.

    (4) An area shall remain a wild animal infected zone (or part of one) until—

    (5) Any amendment or revocation of a declaration creating a wild animal infected zone shall refer to that declaration and state the date and time it is to take effect.

    (6) Any premises which are partly inside and partly outside a wild animal infected zone shall be deemed to be wholly inside that zone.

    (7) Any wild animal infected zone is an infected area for the purposes of the Act.

Measures applicable in a wild animal infected zone
    
41. —(1) The measures in Schedule 8 apply in respect of a wild animal infected zone in addition to any requirement or restriction applying in any part of it because that part falls within—

    (2) The Secretary of State may declare that any other measure she considers fit so as to prevent the spread of disease applies in respect of the whole or any part of any wild animal infected zone and any such measure shall then apply in respect of that wild animal infected zone or part of it.



PART 4

General and supplementary provisions

Production of licences
    
42. —(1) Every person issued with a licence under this Order shall, while executing the activity permitted by that licence, carry the licence and produce it to an inspector on demand.

    (2) Paragraphs (3) and (4) apply where any of the following licences are granted for movement of susceptible animals between premises, unless that licence provides otherwise—

    (3) Where this paragraph applies, no person shall unload susceptible animals on premises to which they are moved unless that person first gives the movement licence to the occupier of those premises or his authorised representative.

    (4) Where this paragraph applies, the occupier of any premises to which susceptible animals are moved shall—

Further provision relating to certain premises
    
43. —(1) This article applies to the following premises—

    (2) The Secretary of State shall take such steps as she considers necessary to prevent the spread of disease to premises to which this article applies.

    (3) In taking such steps, the Secretary of State of State may—

Duty of the local authority to erect signs
     44. The local authority shall, as soon as is reasonably practicable after declaration of the zone, ensure that the boundaries of the following zones are indicated by signs erected in a conspicuous position on all roads entering the zones on which it considers susceptible animals are likely to be moved—

Cleansing and disinfection of vehicles transporting susceptible animals
    
45. —(1) Subject to paragraph (3), where the cleansing and disinfection of any vehicle in accordance with this article is required, it shall be carried out in accordance with Schedule 2 to the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 2003[18] and with any additional directions an inspector imposes by serving a notice on the person in charge of the vehicle.

    (2) Such cleansing and disinfection shall be undertaken—

    (3) Such cleansing and disinfection shall also be undertaken after loading and before leaving the premises of origin in respect of the wheels and wheel arches only of the vehicle to ensure they are clean on leaving the premises.

Cleansing and disinfection of vehicles: provision of facilities, equipment and materials
     46. Where cleansing and disinfection of vehicles is required at any premises by or under this Order, the occupier of those premises shall, at his own expense, provide adequate facilities and proper equipment and materials for that cleansing and disinfection.

Marks applied under this Order
    
47. No person shall remove, obscure or erase a mark applied to any animal, carcase, animal product, vehicle or other thing under this Order without the written authority of an inspector.

Change of occupation of premises under restriction
    
48. —(1) This article applies if the keeper of any animal or poultry is unable to move it from premises on the termination of his right of occupation because of a restriction imposed by or under this Order and continues to apply for seven days after the last restriction is removed.

    (2) Where this article applies, the person entitled to occupation of the premises on that termination shall—

    (3) If the keeper is unable or unwilling to feed or tend the animal or poultry, the person entitled to occupation of the premises shall ensure it is properly fed and tended.

    (4) The keeper of the animal or poultry is liable to pay the reasonable costs incurred by any person feeding or tending it under this article, or providing facilities for feeding, tending or otherwise using it under this article.

Reasonable assistance
    
49. Any person required to give reasonable assistance or information to a person acting under this Order shall, unless he has reasonable cause, do so without delay.

False information
    
50. No person shall furnish information which he knows to be false or misleading to a person acting under this Order.

Compliance with notices and directions
    
51. —(1) Any notice served under this Order shall be complied with at the expense of the person on whom it is served, except where otherwise provided in that notice.

    (2) Any direction given under this Order shall be complied with at the expense of the person to whom it is given, except where otherwise provided in a written direction of the Secretary of State.

Production of records
    
52. —(1) Any person required to produce a record by a person acting under this Order shall do so without delay.

    (2) On production, a person acting under this Order may—

    (3) A person removing records under this article shall give a written receipt for them.

Retention of records
    
53. Any person making a record required by this Order shall retain it for the following period—

Designated areas and periods for the inspection of vehicles
    
54. The following are designated for the purposes of section 65A of the Act (inspection of vehicles)—

General powers of veterinary inspectors to take action to prevent the spread of disease
    
55. —(1) This article applies to—

    (2) Where this article applies, a veterinary inspector may, if he considers it necessary to prevent the spread of disease, require—

    (3) A notice under this article may contain such directions and conditions as the person serving it considers necessary to prevent the spread of disease.

Powers of inspectors in case of default
    
56. —(1) Where a person fails to comply with a requirement imposed by or under this Order an inspector may take any steps he considers necessary to ensure the requirement is met.

    (2) Where a person fails to comply with a requirement imposed by or under this Order an inspector may take any steps he considers necessary to rectify the situation so as to prevent the spread of disease.

    (3) In taking steps under paragraph (1) or (2) an inspector may seize and detain any animal moved, kept or otherwise dealt with in contravention of a restriction or requirement imposed by or under this Order.

    (4) In taking steps under paragraph (2), an inspector may by notice served on any person direct that person to take or refrain from specified action in respect of any place, animal, poultry, vehicle, animal product or other thing.

    (5) The person in default shall reimburse any reasonable expenses incurred by the Secretary of State or the local authority in taking such steps and any such debt is recoverable summarily.

Offences by bodies corporate
    
57. —(1) If an offence against the Act committed by a body corporate is shown—

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

    (2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.

    (3) "Officer", in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Offences: no knowledge of restriction or requirement
    
58. No person shall be guilty of failing to comply with a restriction or requirement which applies because of the declaration of—

if he shows to the court's satisfaction that he did not know of that restriction or requirement and that he could not with reasonable diligence have obtained knowledge of it.

Enforcement
    
59. —(1) Subject to paragraphs (2) and (3), this Order shall be enforced by the local authority.

    (2) This Order shall be enforced in relation to slaughterhouses by the Secretary of State.

    (3) The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this Order shall be discharged by the Secretary of State and not by the local authority.



PART 5

Amendments and revocations

Amendment to the Diseases of Animals (Approved Disinfectants) Order 1978
    
60. In article 2 of the Diseases of Animals (Approved Disinfectants) Order 1978[19], for the definition "Foot-and-Mouth Disease Orders", substitute “"Foot-and-Mouth Disease Orders" means the Foot-and-Mouth Disease (England) Order 2006[20] and the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006[21];“.

Amendment to the Foot-and-Mouth Disease (Ascertainment of Value) (No. 5) Order 2001
     61. In the Foot-and-Mouth Disease (Ascertainment of Value) (No. 5) Order 2001[22]—

Amendment to the Disease Control (England) Order 2003
     62. In the Disease Control (England) Order 2003[23], for article 3 substitute—

Revocations
     63. The Orders listed in Schedule 9 are revoked to the extent specified in that Schedule.


Ben Bradshaw
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

30th January 2006



SCHEDULE 1
Articles 9(3), 9(5), 10(1), 10(2), 11(2), 14(6) and 17(3)


Measures applicable in respect of premises on suspicion and confirmation of disease


Record keeping
     1. —(1) Subject to sub-paragraph (4), the occupier shall create and maintain the following records in respect of the premises—

    (2) Records shall be kept in a form approved for the purpose by the Secretary of State.

    (3) The occupier shall maintain the records kept under sub-paragraphs (1)(a) and (1)(b) by updating them within 24 hours of any change.

    (4) This paragraph does not apply to any person subject to paragraph 1 of Schedule 5.

Signs publicising infection or suspicion
     2. The occupier shall ensure that—

Isolation, removal and detention of susceptible animals
     3. —(1) The occupier shall ensure that susceptible animals are isolated from persons not attending them and from non-susceptible animals.

    (2) On service of a notice by an inspector requiring it the occupier shall—

    (3) No person shall move any animal isolated or detained under a notice served under sub-paragraph (2) except under the authority of a licence granted by an inspector.

Movement of susceptible animals
     4. —(1) Subject to the provisions of this paragraph no person shall move any susceptible animal from or to the premises.

    (2) The prohibition in sub-paragraph (1) does not apply to susceptible animals leaving contact premises (other than contact premises in a temporary control zone)—

    (3) No inspector shall grant a licence under sub-paragraph (2)(b) unless he is satisfied that the animals to be moved have been clinically examined by a veterinary inspector with a negative result and the slaughterhouse is the nearest slaughterhouse to the premises with capacity to slaughter the animals.

    (4) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub-paragraph (2)(b) shall ensure that it is cleansed and disinfected in accordance with article 45.

    (5) The prohibition in sub-paragraph (1) does not apply to animals entering or leaving free units (other than free units in a temporary control zone).

    (6) The prohibition in sub-paragraph (1) does not apply to the movement of animals leaving infected premises for slaughter under the authority of a licence granted by the Secretary of State.

    (7) The prohibition in sub-paragraph (1) does not apply to movement from one part of premises to another part of the same premises using a public highway under the authority of a licence granted by a veterinary inspector or by an inspector at the direction of a veterinary inspector.

Movement of things liable to spread disease
     5. —(1) Subject to the provisions of this paragraph, no person shall move from the premises any meat, carcase, meat product, milk, milk product, semen, ovum or embryo of a susceptible animal.

    (2) Where the Secretary of State is satisfied that it is not reasonable to require milk to be kept on the premises, she may—

    (3) Transport of milk under the authority of a licence granted under sub-paragraph (2)(b) shall be carried out in a vehicle which an inspector has approved as equipped to ensure that there is no risk of spreading disease.

    (4) If the Secretary of State grants a licence under sub-paragraph (2)(b), she shall serve a notice on the person in charge of the premises to which milk is transported directing the method of disposal or treatment.

Movement of fodder, etc.
     6. No person shall move from the premises any fodder, utensils, wool, hide or skin, bristles, animal waste, slurry, manure or any other thing liable to spread disease except under the authority of a licence granted by the Secretary of State.

Movement of persons on to or off the premises
     7. No person shall enter or leave the premises unless—

Cleansing and disinfection of clothing, etc
     8. —(1) No person shall enter or leave the premises—

    (2) No person shall enter any part of the premises—

unless wearing clothing and footwear approved by an inspector.

    (3) No person shall leave any such part of the premises without having cleansed his hands to the satisfaction of an inspector and having either—

    (4) A notice under sub-paragraph (3)(b) shall specify the required method of laundering, cleansing and disinfection or disposal.

Disinfection
     9. —(1) The occupier shall provide and renew such clean water and means of disinfection as an inspector directs at every entrance to the premises and at every entrance to a building where susceptible animals are kept.

    (2) The occupier shall ensure that any slurry or shed washings are disinfected in accordance with the directions of an inspector before they are permitted to drain or escape from any part of the premises where an infected animal or an animal suspected of being infected or contaminated is or has been kept.

Movement of vehicles on to or off the premises
     10. No person shall move any vehicle on to or off the premises unless the movement is—

Movement of non-susceptible animals
     11. No person shall move from the premises any non-susceptible animal except under the authority of a licence granted by the Secretary of State.

Control of rodents
     12. The occupier shall take steps to destroy any rats, mice and other rodents on the premises (other than pet rats, mice and other rodents).



SCHEDULE 2
Article 12(11)


Criteria for confirming disease


     1. Disease virus has been isolated from an animal kept on the premises, any product derived from that animal, or its environment.

     2. Clinical signs consistent with disease are observed in an animal kept on the premises, and the viral antigen or viral ribonucleic acid (RNA) specific to one or more of the serotypes of the disease virus has been detected and identified in samples collected from the animal or animals of the same epidemiological group.

     3. Clinical signs consistent with disease are observed in an animal kept on the premises and the animal or its cohorts have tested positive for antibody to the disease virus structural or non-structural proteins (and previous vaccination, residual maternal antibodies or non-specific reactions can be excluded as possible causes of seropositivity).

     4. Viral antigen or viral RNA specific to one or more of the serotypes of the disease virus has been detected and identified in samples collected from an animal kept on the premises and the animal is positive for antibody to disease virus structural or non-structural proteins (and in the case of antibodies to structural proteins previous vaccination, residual maternal antibodies or non-specific reactions can be excluded as possible causes of seropositivity).

     5. An epidemiological link has been established to infected premises and at least one of the following conditions applies—



SCHEDULE 3
Articles 15(5), 28(2), 28(3), 29(2), 29(3), 30(3), 37(6), 43(3) and 55(2)


Cleansing and Disinfection of premises




PART 1

General procedures for cleansing and disinfection of premises

     1. This Part applies to all cleansing and disinfection of premises (including cleansing and disinfection of vehicles, equipment and other things liable to spread disease on those premises).

     2. The Secretary of State may by notice served on the occupier of any premises direct that any cleansing and disinfection operation shall be carried out by that person and such a notice shall state whether such cleansing and disinfection is to be carried out at the expense of that person or at the expense of the Secretary of State.

     3. Every person carrying out cleansing or disinfection under this Schedule shall do so in accordance with any additional directions given by an inspector.

     4. Used litter and faecal matter shall be thoroughly soaked with disinfectant.

     5. All surfaces which may be contaminated shall be brushed and scrubbed thoroughly, in particular floors, ramps, walls and the ground, followed by an application of disinfectant.

     6. Equipment or other things obstructing thorough cleansing and disinfection shall be moved or dismantled where this is reasonably practicable.

     7. Water used for cleansing shall be disposed of so as to minimise the risk of the spread of disease.

     8. Washing of surfaces with liquids under pressure shall be carried out so as to minimise any risk of contamination.

     9. Equipment, installations or other things which may be contaminated shall be cleansed and disinfected or destroyed.

     10. —(1) Every person carrying out a cleansing and disinfection operation shall ensure that a written record of it is made.

    (2) The record shall include the date and time of the operation.

    (3) The person in charge of a vehicle which is cleansed and disinfected under this Schedule shall ensure, so far as is possible, that the record is kept with the vehicle at all times.



PART 2

Cleansing and disinfection of infected premises

     11. This Part applies to the cleansing and disinfection of infected premises.



CHAPTER 1

Preliminary disinfection of infected premises

     12. Cleansing and disinfection shall be carried out during and immediately following slaughter so as to minimise the risk of disease spread and in accordance with the directions of an inspector.

     13. Following slaughter—

     14. Disinfectant shall not be removed for at least 24 hours after application.



CHAPTER 2

Final cleansing and disinfection of infected premises

     15. Grease and dirt shall be removed from all surfaces by the application of a degreasing agent and washed with water or steam.

     16. Following degreasing and washing with water or steam, disinfectant shall be reapplied.

     17. At least seven days after the reapplication of disinfectant, the operations in paragraphs 15 and 16 shall be repeated, followed by final washing with water or steam.



PART 3

Disinfection of contaminated used litter, manure and slurry

     18. This Part applies to the disinfection of contaminated used litter, manure and slurry on premises.

     19. Unless otherwise directed by the Secretary of State by notice served on the occupier, the used litter and the solid phase of manure shall be—

     20. —(1) Unless otherwise directed by the Secretary of State by notice served on the occupier, slurry and the liquid phase of manure shall be stored for at least the period in sub-paragraph (2) after the last addition of infective material.

    (2) The period for the purposes of sub-paragraph (1) is 42 days or such other period as the Secretary of State directs by notice served on the occupier having taken into account—



PART 4

Special cases

     21. Where the Secretary of State is satisfied that cleansing and disinfection of premises cannot be completed in accordance with Parts 1 to 3 of this Schedule, she shall serve a notice on the occupier notifying him of that opinion and paragraph 22 then applies to those premises.

     22. Cleansing and disinfection of premises to which this paragraph applies shall be carried out in accordance with the directions of an inspector.



SCHEDULE 4
Article 30(2)


Restocking of premises




PART 1

General principles

     1. —(1) In this Schedule, "vaccinated" means treated with hyperimmune serum or vaccine against disease and "unvaccinated" shall be construed accordingly.

    (2) Paragraphs 2 to 5 apply subject to paragraphs 6 and 7.

     2. Animals for restocking may only be introduced under the following conditions—

     3. During restocking, animals shall be introduced into all units and buildings of the premises.

     4. —(1) Subject to sub-paragraph (2), during restocking each animal shall—

    (2) If no infected premises have been declared within 10 kilometres of any premises for at least 3 months before the commencement of restocking, the Secretary of State may, by notice served on the occupier of those premises, except those premises from the requirements of sub-paragraph (1).

     5. Not earlier than 28 days after the last introduction, each animal shall be clinically examined by a veterinary inspector and samples tested for the presence of antibodies against the disease virus.



PART 2

Restocking of premises in a vaccination zone or with vaccinated animals

     6. Instead of restocking in accordance with paragraphs 2 to 5, premises in a vaccination zone may be restocked if the following conditions are satisfied—

     7. Where any vaccinated animal is to be introduced to premises outside a vaccination zone—



PART 3

Movement of susceptible animals during restocking and completion of restocking

     8. During restocking, no person shall move a susceptible animal from the premises.

     9. The Secretary of State shall declare the completion of restocking by notice served on the occupier if—



SCHEDULE 5
Articles 22(2), 34(1) and Schedule 1


Measures applicable in respect of protection zones and surveillance zones




PART 1

Measures applicable in respect of both protection zones and surveillance zones

Record keeping in protection zones and surveillance zones
     1. —(1) The occupier of every premises in a protection zone or surveillance zone where susceptible animals are kept shall create and maintain the following records in respect of the premises—

    (2) Records shall be kept in a form approved for the purpose by the Secretary of State.

    (3) The occupier shall maintain the records kept under sub-paragraphs (1)(a) and (1)(b) by updating them within 24 hours of any change.

Straying of susceptible animals
     2. —(1) The keeper of a susceptible animal in a protection zone or surveillance zone shall take all such steps as are necessary to prevent it from straying from the premises on which it is kept.

    (2) An inspector may detain any stray or feral susceptible animal found in a protection zone or a surveillance zone.

Control of dogs and poultry in protection zones and surveillance zones
     3. —(1) The owner of any dog in a protection zone or surveillance zone shall keep it under control by—

    (2) An inspector may seize any dog which is not kept under control in accordance with sub-paragraph (1) and deal with it as if it was a dog seized under the powers conferred by section 149 of the Environmental Protection Act 1990[25].

    (3) An inspector may, if he considers any dog or poultry not to be under control, by notice served on the occupier of the premises where it is kept require him to keep that dog or poultry under control, or to confine it to the part of the premises specified in the notice.

Shearing or dipping sheep in a protection or surveillance zone
     4. —(1) Subject to sub-paragraph (2), no person shall—

in a protection zone or surveillance zone except under the authority of a licence granted by an inspector.

    (2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his employees (other than any person employed by him primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.

    (3) In this article—

Ultrasound scanning of sheep in a protection or surveillance zone
     5. —(1) Subject to sub-paragraph (2), no person shall carry out ultrasound scanning of sheep in a protection zone or surveillance zone except under the authority of a licence granted by an inspector.

    (2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his employees (other than any person employed by him primarily for the purpose of carrying out ultrasound scanning of sheep) in respect of the carrying out of ultrasound scanning of sheep kept on those premises using ultrasound scanning equipment of which the occupier is the owner or person in charge.

Semen, ova and embryos collected in a protection or surveillance zone
     6. —(1) This paragraph applies to semen, ova and embryos collected from susceptible animals originating in a protection zone or surveillance zone.

    (2) No person shall sell or consign for sale—

    (3) Semen, ova and embryos comply with this sub-paragraph if they satisfy the following requirements—

    (4) Semen complies with this sub-paragraph if it satisfies the following requirements—

Hides and skins of susceptible animals originating in a protection or surveillance zone
     7. —(1) This paragraph applies to hides and skins of susceptible animals originating in a protection zone or surveillance zone.

    (2) No person shall sell or consign for sale any animal product to which this paragraph applies unless either—

Wool, ruminant hair and pig bristles from animals originating in a protection or surveillance zone
     8. —(1) This paragraph applies to wool, ruminant hair and pig bristles from animals originating in a protection zone or a surveillance zone.

    (2) No person shall sell or consign for sale any animal product to which this paragraph applies unless either—

Other animal products produced in a protection zone or a surveillance zone or from animals originating in such a zone
     9. —(1) This paragraph applies to any animal product other than—

if it is produced in a protection zone or surveillance zone from susceptible animals, or from susceptible animals originating in a protection zone or surveillance zone.

    (2) No person shall sell or consign for sale an animal product to which this paragraph applies unless it satisfies one of the following requirements—



PART 2

Measures applicable only in respect of a protection zone

Movement of susceptible animals from or to premises in a protection zone
     10. —(1) Subject to the provisions of this paragraph, no person shall move any susceptible animal from or to premises in a protection zone.

    (2) The prohibition in sub-paragraph (1) does not apply to the transport of susceptible animals for emergency slaughter under the authority of a licence granted by an inspector from premises in a protection zone direct to a slaughterhouse—

    (3) No inspector shall grant a licence under sub-paragraph (2) unless he is satisfied that—

    (4) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub-paragraph (2) shall ensure that it is cleansed and disinfected in accordance with article 45.

    (5) The prohibition in sub-paragraph (1) does not apply to the movement of animals leaving infected premises for slaughter under the authority of a licence granted under paragraph 4(6) of Schedule 1.

    (6) The prohibition in sub-paragraph (1) does not apply to movement from one part of premises to another part of the same premises using a public highway under the authority of a licence granted by a veterinary inspector or by an inspector at the direction of a veterinary inspector.

Movement of non-susceptible animals from or to premises in a protection zone where susceptible animals are kept
     11. —(1) Subject to the provisions of this paragraph, no person shall move any non-susceptible animal from or to premises in a protection zone where susceptible animals are kept.

    (2) The prohibition in sub-paragraph (1) does not apply to—

    (3) Any inspector granting a licence under sub-paragraph (2)(b) shall take account of the recommended measures in paragraph 2.2 of Annex VI to the Directive.

Movement of animals into or out of a protection zone
     12. —(1) Subject to the provisions of this paragraph, no person shall move any animal into or out of a protection zone.

    (2) The prohibition in sub-paragraph (1) does not apply to—

    (3) Any inspector granting a licence under sub-paragraph (2)(c) shall take account of the recommended measures in paragraph 2.2 of Annex VI to the Directive.

    (4) A licence granted under paragraph (2)(e) shall—

    (5) The person in charge of any vehicle used to transport animals under the authority of a licence granted under sub-paragraph (2)(e)) shall—

Movement of vehicles from premises in a protection zone where susceptible animals are kept
     13. No person shall move any vehicle designed or adapted for the transport of animals from premises in a protection zone where susceptible animals are kept except under the authority of a licence granted by an inspector.

Control of animal gatherings in a protection zone
     14. No person shall hold any animal gathering in a protection zone.

Control of gatherings of people in a protection zone
     15. —(1) No person shall hold or take part in the following activities in a protection zone—

    (2) Subject to sub-paragraphs (3), (4) and (5), no person shall shoot game or other wildlife or deer in a protection zone.

    (3) The occupier of any land, members of his household, persons employed by him as beaters and any member of a shooting party of not more than three persons authorised by him, may shoot game, other wildlife or deer found on that land.

    (4) A person may shoot birds under the authority of a licence granted by the Secretary of State, and

    (5) A person may cull deer under the authority of a licence granted by the Secretary of State.

    (6) Where holding any recreational or sporting activity may, in the opinion of the Secretary of State, spread disease, she may prohibit it by serving a notice on the person responsible for the activity.

    (7) In this paragraph "falconry" means the use of birds of the order Falconiformae to hunt for game or other wildlife.

Breeding in a protection zone
     16. —(1) No person shall carry out breeding of susceptible animals by means of itinerant service in a protection zone.

    (2) No person shall carry out artificial insemination of animals or collect any embryo or ovum in a protection zone except in compliance with sub-paragraph (3) or (4).

    (3) Artificial insemination of a susceptible animal complies with this sub-paragraph if it satisfies the following requirements—

    (4) Artificial insemination of a non-susceptible animal or the collection of embryos or ova from such an animal complies with this sub-paragraph if—

Slaughter for private consumption in a protection zone
     17. No person shall slaughter a susceptible animal on premises in a protection zone for private consumption on those premises.

Transport of fodder in a protection zone
     18. No person shall transport fodder to premises in a protection zone where susceptible animals are kept except under the authority of a licence granted by an inspector.

Sale of fodder originating in a protection zone
     19. No person shall sell or consign for sale fodder produced in a protection zone unless it satisfies one of the following requirements—

Transport, treatment and spreading of dung and manure produced in a protection zone
     20. —(1) This paragraph applies to dung or manure—

    (2) No person shall transport dung or manure to which this paragraph applies unless such transport complies with sub-paragraph (3) or (5), and with sub-paragraph (6).

    (3) Transport of dung or manure complies with this sub-paragraph where it is to an establishment for treatment to destroy the disease virus and under the authority of a licence granted by an inspector.

    (4) The occupier of premises to which dung or manure is transported by authority of a licence granted under sub-paragraph (3) shall ensure that it is treated in accordance with point 5 of Section II in Part A of Chapter III of Annex VIII to Regulation (EC) No. 1774/2002, as amended[
26].

    (5) Transport of dung or manure for spreading complies with this sub-paragraph if it satisfies the following requirements—

    (6) Transport of dung or manure complies with this sub-paragraph if it is carried out in vehicles which are—

    (7) After transporting dung or manure under this paragraph, the person in charge of the vehicle shall ensure it is cleansed and disinfected after unloading or spreading and before leaving the premises of destination.

    (8) The person in charge of a vehicle to be cleansed and disinfected so as to comply with sub-paragraph (6) or under sub-paragraph (7) shall ensure that such cleansing and disinfection is carried out so that—

    (9) No person shall spread dung or manure to which this paragraph applies unless such spreading is authorised by a licence granted by an inspector and the dung or manure—

    (10) Any licence granted under sub-paragraph (9) shall contain at least the following terms—

Fresh meat etc. derived from susceptible animals originating in a protection zone
     21. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from susceptible animals originating in a protection zone.

    (2) No person shall sell or consign for sale meat to which this paragraph applies or move such meat out of a protection zone unless—

Fresh meat etc. produced on premises in a protection zone
     22. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from susceptible animals and produced on premises in a protection zone.

    (2) No person shall sell or consign for sale meat to which this paragraph applies or move such meat out of a protection zone unless it has been produced in an establishment which—

    (3) Meat falls within this sub-paragraph if—

Meat products produced from meat derived from susceptible animals originating in a protection zone
     23. —(1) This paragraph applies to meat products produced from meat derived from susceptible animals originating in a protection zone.

    (2) No person shall sell or consign for sale any meat product to which this paragraph applies unless—

Milk and milk products produced from susceptible animals originating in a protection zone or on premises in a protection zone
     24. —(1) No person shall sell or consign for sale the milk of a susceptible animal originating in a protection zone or any milk product produced from such milk unless it complies with sub-paragraph (2) or (3).

    (2) Milk and milk products comply with this sub-paragraph if—

    (3) Milk and milk products comply with this sub-paragraph if—

    (4) No person shall sell or consign for sale the milk of a susceptible animal produced on premises in the protection zone or any milk product produced from such milk unless—

    (5) Transport of raw milk complies with this sub-paragraph if—

    (6) Premises comply with this sub-paragraph if they satisfy the following requirements—

Collection, transport and processing of milk and milk products produced in a protection zone
     25. —(1) No person shall collect and transport milk produced on premises in a protection zone where susceptible animals are kept out of that protection zone or process any such milk unless such transport complies with sub-paragraph (2) and is carried out in a vehicle which complies with sub-paragraph (3).

    (2) Transport complies with this sub-paragraph if it is—

    (3) A vehicle complies with this sub-paragraph if it—

    (4) A licence granted under sub-paragraph (2)(b) shall specify the route to be taken and shall include a condition prohibiting the vehicle from entering any premises in the zone where susceptible animals are kept for purposes other than to load milk.

    (5) Any person transporting milk under the authority of a licence granted under sub-paragraph (2)(b) shall ensure that—

    (6) No person shall process milk transported to a laboratory under this paragraph except under the authority of a licence granted by an inspector.



PART 3

Measures applicable only in respect of a surveillance zone

Movement of animals from premises in a surveillance zone
     26. —(1) Subject to the provisions of this paragraph, no person shall move any susceptible animal from premises in a surveillance zone.

    (2) The prohibition in sub-paragraph (1) does not apply to the transport of susceptible animals for emergency slaughter under the authority of a licence granted by an inspector from premises in a surveillance zone direct to a slaughterhouse—

    (3) No inspector shall grant a licence under sub-paragraph (2) unless he is satisfied that—

    (4) The prohibition in sub-paragraph (1) does not apply to transport of susceptible animals for slaughter under the terms of a licence granted by an inspector—

    (5) No inspector shall grant a licence under sub-paragraph (4) unless he is satisfied that—

    (6) No inspector shall grant a licence under sub-paragraph (4)(a) unless he is also satisfied that—

    (7) A licence granted under sub-paragraph (2) or (4) may permit transport through the associated protection zone and in such a case shall include a condition requiring that the vehicle travels through that protection zone without stopping.

    (8) The person in charge of any vehicle used to move susceptible animals under the authority of a licence granted under sub-paragraph (2) or (4) shall ensure that it is cleansed and disinfected in accordance with article 45.

    (9) The prohibition in sub-paragraph (1) does not apply to the leading of susceptible animals to pasture in that surveillance zone under the authority of a licence granted by an inspector.

    (10) No inspector shall grant a licence under sub-paragraph (9) unless—

    (11) The prohibition in sub-paragraph (1) does not apply to movement from one part of premises to another part of the same premises using a public highway under the authority of a licence granted by a veterinary inspector or by an inspector at the direction of a veterinary inspector.

Control of animal gatherings and gatherings of people in a surveillance zone
     27. —(1) No person shall—

except under the authority of a licence granted by the Secretary of State.

    (2) No person shall hold or take part in the following activities in a surveillance zone—

except under the authority of a licence granted by the Secretary of State.

    (3) Subject to sub-paragraph (4), no person shall shoot deer except under the authority of a licence granted by the Secretary of State.

    (4) The occupier of any land, members of his household, persons employed by him as beaters and any member of a shooting party of not more than three persons authorised by him may shoot deer found on that land.

Fresh meat etc. derived from susceptible animals originating in a surveillance zone
     28. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from susceptible animals originating in a surveillance zone.

    (2) No person shall sell or consign for sale meat to which this paragraph applies or move such meat out of a surveillance zone unless—

    (3) Meat falls within this sub-paragraph if it satisfies the following requirements—

    (4) Meat complies with this sub-paragraph if it is from ruminants and has been deboned so that it falls within paragraph 11 of Schedule 6 and from a carcase which has been matured so that it falls within paragraph 12 of Schedule 6.

    (5) Meat complies with this sub-paragraph if—

    (6) Meat complies with this sub-paragraph if—

    (7) Meat falls within this sub-paragraph if—

    (8) In this paragraph, "trimmed offal" means any of—

Fresh meat etc. produced on premises in a surveillance zone
     29. —(1) This paragraph applies to fresh meat, minced meat, mechanically separated meat and meat preparations derived from susceptible animals and produced on premises in a surveillance zone.

    (2) No person shall sell or consign for sale meat to which this paragraph applies or move such meat out of a surveillance zone unless it has been produced in an establishment which—

    (3) Meat complies with this sub-paragraph if—

Meat products produced from meat derived from susceptible animals originating in a surveillance zone or produced on premises in a surveillance zone
     30. —(1) This paragraph applies to meat products—

    (2) No person shall sell or consign for sale any product to which this paragraph applies or move any such product out of a surveillance zone unless it complies with sub-paragraph (3) or (4).

    (3) Meat products comply with this sub-paragraph if they are produced from fresh meat, minced meat, mechanically separated meat or a meat preparation which was—

    (4) Meat products comply with this sub-paragraph if they are produced in an establishment which—

Milk and milk products produced from susceptible animals originating in a surveillance zone or on premises in a surveillance zone
     31. —(1) No person shall sell or consign for sale the milk of a susceptible animal originating in a surveillance zone or any milk product produced from such milk unless it complies with sub-paragraph (2) or (3).

    (2) Milk and milk products comply with this sub-paragraph if—

    (3) Milk and milk products comply with this sub-paragraph if—

    (4) No person shall sell or consign for sale the milk of a susceptible animal produced on premises in a surveillance zone or any milk product produced from such milk unless—

    (5) Transport of raw milk complies with this sub-paragraph if—

    (6) Premises comply with this sub-paragraph if they satisfy the following requirements—

Collection, transport and processing of raw milk produced in a surveillance zone
     32. —(1) No person shall collect and transport raw milk produced on premises in a surveillance zone where susceptible animals are kept out of that surveillance zone or process any such milk unless such transport complies with sub-paragraph (2) and is carried out in a vehicle which complies with sub-paragraph (3).

    (2) Transport complies with this sub-paragraph if it is—

    (3) A vehicle complies with this sub-paragraph if it—

    (4) A licence granted under sub-paragraph (2)(b) shall specify the route to be taken and shall include a condition prohibiting the vehicle from entering any premises in the zone where susceptible animals are kept for purposes other than to load milk.

    (5) Any person transporting milk under the authority of a licence granted under sub-paragraph (2)(b) shall ensure that—

    (6) No person shall process milk transported under this paragraph except under the authority of a licence granted by an inspector.

Transport, treatment and spreading of dung and manure produced in a surveillance zone
     33. —(1) This paragraph applies to dung or manure—

    (2) No person shall transport dung or manure to which this paragraph applies unless such transport complies with sub-paragraph (3), (5) or (7), and with sub-paragraph (10).

    (3) Transport of dung or manure complies with this sub-paragraph where it is to an establishment for treatment to destroy the disease virus and under the authority of a licence granted by the Secretary of State.

    (4) The occupier of any premises to which dung or manure is transported by authority of a licence granted under sub-paragraph (3) shall ensure that it is treated in accordance with point 5 of Section II in Part A of Chapter III of Annex VIII to Regulation (EC) No 1774/2002, as amended[29].

    (5) Transport of dung or manure complies with this sub-paragraph if—

    (6) No person shall spread dung or manure to which this paragraph applies unless such spreading is authorised by a licence granted by an inspector and the dung or manure—

    (7) Transport of dung or manure complies with this sub-paragraph if—

    (8) No person shall spread dung or manure transported by authority of a licence granted under sub-paragraph (7) unless such spreading is authorised by a licence granted by an inspector and the dung or manure is injected into the ground.

    (9) Any licence granted under sub-paragraph (6) or (8) shall contain at least the following terms—

    (10) Transport of dung or manure complies with this sub-paragraph if it is carried out in a vehicle which is—

    (11) After transporting dung or manure under this paragraph, the person in charge of the vehicle shall ensure it is cleansed and disinfected after unloading or spreading and before leaving the premises of destination.

    (12) The person in charge of a vehicle to be cleansed and disinfected so as to comply with sub-paragraph (10) or under sub-paragraph (11) shall ensure that such cleansing and disinfection is carried out so that—



SCHEDULE 6
Article 27(3) and Schedule 5


Treatments to ensure the destruction of disease virus




PART 1

Products of animal origin (other than fresh meat, milk and milk products)

Meat products
     1. Meat products fall within this paragraph if they have undergone any of the following treatments or are produced from meat which has undergone those treatments—

Hides and skins
     2. Hides and skins fall within this paragraph if they comply with the requirements in article 20 of and points A(2)(c) or (d) of Chapter VI of Annex VIII to Regulation (EC) No. 1774/2002, as amended.

Wool, ruminant hair and pig bristles
     3. Wool, ruminant hair and pig bristles fall within this paragraph if they comply with the requirements of article 20 of and point A(1) of Chapter VIII to Regulation (EC) No. 1774/2002, as amended.

Animal products derived from susceptible animals
     4. Animal products derived from susceptible animals fall within this paragraph if they have undergone one of the following treatments—

Blood and blood products
     5. Blood and blood products of susceptible animals fall within this paragraph if they are used for technical purposes (including pharmaceuticals, in vitro diagnostics and laboratory reagents) and have undergone any of the treatments referred to in point B(3)(e)(ii) of Chapter IV of Annex VIII to Regulation (EC) No. 1774/2002, as amended.

Lard and rendered fats
     6. Lard and rendered fats fall within this paragraph if they have undergone the heat treatment referred to in point B(2)(d)(iv) of Chapter IV of Annex VII to Regulation (EC) No. 1774/2002, as amended.

Petfood and dog chews
     7. Petfood and dog chews fall within this paragraph if they comply with the requirements of points B(2), (3) or (4) of Chapter II of Annex VIII to Regulation (EC) No. 1774/2002, as amended.

Game trophies of ungulates
     8. Game trophies of ungulates fall within this paragraph if they comply with the requirements of points A(1), (3) or (4) of Chapter VII of Annex VIII to Regulation (EC) No. 1774/2002, as amended.

Animal casings
     9. Animal casings fall within this paragraph if they have been cleaned, scraped and either salted with sodium chloride for 30 days or bleached or dried after scraping and were protected from recontamination after treatment.



PART 2

Products not of animal origin

Straw and forage
     10. Straw and forage falls within this paragraph if it has either—



PART 3

Fresh meat

De-boning
     11. Meat (together with diaphragms but excluding offal) is deboned so that it falls within this paragraph if the bone and main accessible lymphatic glands have been removed.

Maturation
     12. Carcases are matured so that they fall within this paragraph if they—



PART 4

Milk and milk products

Milk and milk products for human consumption
     13. —(1) Milk and milk products for human consumption fall within this paragraph if they have undergone one of the following treatments—

    (2) Milk products for human consumption fall within this paragraph if they are produced from milk which has undergone one of the treatments in sub-paragraph (1).

Milk and milk products not intended for human consumption
     14. —(1) Milk and milk products not intended for human consumption (including whey intended for susceptible animals) fall within this paragraph if they have undergone one of the following treatments—

    (2) Milk products not for human consumption (other than whey intended for susceptible animals) fall within this paragraph if they are produced from milk which has been subjected to one of the treatments in sub-paragraph (1).

    (3) Whey intended for susceptible animals falls within this paragraph if it is—



SCHEDULE 7
Article 39(1)


Measures applicable in respect of a restricted zone


Movement of susceptible animals in a restricted zone
     1. —(1) Subject to sub-paragraph (3), no person shall move a susceptible animal—

except under the authority of a licence granted by an inspector.

    (2) The person in charge of any vehicle used to move susceptible animals under such a licence shall ensure that it is cleansed and disinfected in accordance with article 45.

    (3) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone, surveillance zone or vaccination zone.

Slaughter of susceptible animals in a restricted zone
     2. Where a susceptible animal is moved to a slaughterhouse in a restricted zone, the occupier of the slaughterhouse shall ensure that it is slaughtered in accordance with any directions given by an inspector and in any case within 24 hours of arrival.

Control of products from slaughterhouses in a restricted zone
     3. —(1) No person shall move any carcase or animal product (unless intended for human consumption) or any manure, slurry or used litter from a slaughterhouse in a restricted zone except—

    (2) Any person transporting any thing under the authority of a licence granted under sub-paragraph (1)(b) shall—

    (3) The occupier of premises to which any carcase or animal product is moved under this paragraph shall ensure that it is not brought into contact with, or fed to, any susceptible animal.

Control of carcases in a restricted zone
     4. —(1) No person shall move any carcase of a susceptible animal (other than the carcase of an animal slaughtered for human consumption or the carcase of an animal suspected of having contracted BSE or scrapie intended for disposal) from premises in a restricted zone other than a slaughterhouse except under the authority of a licence granted by an inspector.

    (2) The carcase of a deer which has been culled shall not be considered to have been slaughtered for human consumption.

Straying of susceptible animals in a restricted zone
     5. —(1) The keeper of a susceptible animal in a restricted zone shall take all such steps as are necessary to prevent it from straying from the premises on which it is kept.

    (2) An inspector may detain any stray or feral susceptible animal found in a restricted zone.

Control of animal gatherings and gatherings of people in a restricted zone
     6. —(1) Subject to sub-paragraph (5), no person shall—

except under the authority of a licence granted by the Secretary of State.

    (2) Subject to sub-paragraph (5), no person shall hold or take part in the following activities in a restricted zone—

except under the authority of a licence granted by the Secretary of State.

    (3) Subject to sub-paragraphs (4) and (5), no person shall shoot deer except under the authority of a licence granted by the Secretary of State.

    (4) The occupier of any land, members of his household, persons employed by him as beaters and any member of a shooting party of not more than three persons authorised by him may shoot deer found on that land.

    (5) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.

Shearing or dipping of sheep in a restricted zone
     7. —(1) Subject to sub-paragraphs (2) and (4), no person shall—

in a restricted zone except under the authority of a licence granted by an inspector.

    (2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his employees (other than any person employed by him primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.

    (3) In this paragraph—

    (4) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.

Ultrasound scanning of sheep in a restricted zone
     8. —(1) Subject to sub-paragraphs (2) and (3), no person shall carry out ultrasound scanning of sheep in a restricted zone except under the authority of a licence granted by an inspector.

    (2) The prohibition in sub-paragraph (1) does not apply to the occupier of any premises or his employees (other than any person employed by him primarily for the purpose of carrying out ultrasound scanning of sheep) in respect of the carrying out of ultrasound scanning of sheep kept on those premises using ultrasound scanning equipment of which the occupier is the owner or person in charge.

    (3) This paragraph does not apply in any part of a restricted zone which is also part of a protection zone or surveillance zone.

Cleansing and disinfection of slaughterhouses in a restricted zone
     9. The occupier of any collecting centre or slaughterhouse in a restricted zone shall cleanse and disinfect the premises in accordance with the directions of an inspector as soon as is practicable after it has been emptied of animals and in any event before any susceptible animal, fodder, used litter or other thing liable to spread disease is moved there again.



SCHEDULE 8
Article 41(1)


Measures applicable in respect of a wild animal infected zone


Notification of dead wild susceptible animals in a wild animal infected zone
     1. Any person who kills a wild susceptible animal or finds such an animal dead in a wild animal infected zone shall notify the Divisional Veterinary Manager of that fact.

Record keeping in a wild animal infected zone
     2. The occupier of any premises in a wild animal infected zone where susceptible animals are kept shall create a record of the number of each species of susceptible animal kept on the premises and shall maintain that record by updating it every time that number changes.

Isolation of susceptible animals in a wild animal infected zone
     3. The occupier of any premises in a wild animal infected zone where susceptible animals are kept shall ensure that—

Movement of susceptible animals in a wild animal infected zone
     4. No person shall move any susceptible animal from or to premises in a wild animal infected zone except under the authority of a licence granted by the Secretary of State.

Cleansing and disinfection in a wild animal infected zone
     5. —(1) The occupier of any premises in a wild animal infected zone shall ensure that means of disinfection are provided and used at all entrances to buildings where susceptible animals are kept in accordance with the directions of an inspector.

    (2) Any person coming into contact with a wild susceptible animal shall cleanse himself and launder his clothing as soon as reasonably practicable after such contact.

Carcases and things which may be contaminated in a wild animal infected zone
     6. No person shall bring the following on to premises in a wild animal infected zone where susceptible animals are kept—

Movement of semen, ova and embryos out of a wild animal infected zone for trade
     7. No person shall move any semen, embryo or ovum of a susceptible animal out of a wild animal infected zone for the purpose of trade with another member State, Norway, Iceland or Liechtenstein.



SCHEDULE 9
Article 63


Orders revoked


Orders revoked References Extent of revocation
The Foot-and-Mouth Disease Order 1983 S.I. 1983/1950 The Order insofar as it applies in England.
The Foot-and-Mouth Disease Order (Amendment) (No.2) Order 1993 S.I. 1993/3119 The Order insofar as it applies in England.
The Foot-and-Mouth Disease (Amendment) (England) Order 2001 S.I. 2001/571 The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.2) Order 2001 S.I. 2001/680 The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.3) Order 2001 S.I. 2001/974 The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.4) Order 2001 S.I. 2001/1078 The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.4) (Amendment) Order 2001 S.I. 2001/1241 The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.5) Order 2001 S.I. 2001/1407 The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.6) Order 2001 S.I. 2001/1514 The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.7) Order 2001 S.I. 2001/1862 The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.8) Order 2001 S.I. 2001/2238 The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.9) Order 2001 S.I. 2001/2735 The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.10) Order 2001 S.I. 2001/2814 The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.11) Order 2001 S.I. 2001/2994 The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.12) Order 2001 S.I. 2001/3140 The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.13) Order 2001 S.I. 2001/3722 The whole Order
The Foot-and-Mouth Disease (Amendment) (England) (No.14) Order 2001 S.I. 2001/4029 The whole Order



EXPLANATORY NOTE

(This note is not part of the Order)


This Order, read with the Animal Health Act 1981 (c.22, amended by the Animal Health Act 1981 (Amendment) Regulations 1992 (S.I. 1992/3293), the Animal Health Act 2002, c.42, and the Animal Health Act 1981 (Amendment) Regulations 2005 (S.I. 2005/3475)) ("the Act"), partially transposes for England Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC (OJ No. L306, 22.11.2003, p1). The other measures transposing the Directive in England are the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006 (S.I. 2006/183) and the Animal Health Act 1981 (Amendment) Regulations 2005.

The Order transposes the Directive except insofar as it deals with vaccination against foot-and-mouth disease ("the disease").

It revokes the Foot-and-Mouth Disease Order 1983 (S.I. 1983/1950) insofar as it applies in England. It also revokes the amendments to that Order. Schedule 9 lists these instruments.

Part 1 of the Order contains introductory and interpretation provisions.

Part 2 makes provision for notification, suspicion and investigation of the disease.

Articles 9 and 10 provide for notification of the disease or suspicion of it. Schedule 1 contains the restrictions which apply in relation to premises under suspicion.

Article 11 relates to animals in transit which are known or suspected of infection or contamination with the disease.

Article 12 provides for veterinary investigation into the disease using the criteria in Schedule 2 to confirm the existence or absence of disease. Consequent on that investigation, article 13 allows parts of premises to be declared as separate production units, which has the effect of excusing those parts from some of the restrictions in Schedule 1. Also consequent on the investigation, article 14 requires the Secretary of State to trace the possible spread of disease and to impose the restrictions in Schedule 1 on further premises. The restrictions in Schedule 1 are maintained in relation to premises where infection with the disease is found (article 15).

Articles 16 to 18 provide for the declaration of a temporary control zone on suspicion of the disease and for the measures applying within that zone. Articles 19 and 20 provide for the declaration of a further zone supplementary to a temporary control zone (a supplementary movement control zone) and the measures applying there.

Part 3 sets out the measures applying following confirmation of the disease.

Article 21 requires the Secretary of State to trace items from infected premises which may spread disease and provides for their treatment or disposal. The Act imposes a duty on the Secretary of State to slaughter animals on infected premises, with exceptions, and confers power to slaughter other animals to prevent the spread of the disease (paragraphs 2A and 3 of Schedule 3 to the Act). Articles 22 to 30 provide for the circumstances relating to such slaughter, including the place of slaughter (article 24), movement and disposal of carcases and faecal material (respectively articles 25 and 26), isolation of things which may spread the disease until they have been certified as free of contamination, treated or disposed of (article 27), cleansing and disinfection of the premises (articles 28 and 29 and Schedule 3) and restocking of the premises (article 30 and Schedule 4).

Articles 31 to 33 provide for the declaration of protection and surveillance zones around infected premises. In particular, article 32 provides for an outbreak in Scotland or Wales close to the border with England. Article 34 and Schedule 5 set out the measures which apply in those zones. Article 35 requires the Secretary of State to investigate every premises keeping susceptible animals in such a zone. Article 36 confers power on an inspector appointed under the Act to prohibit access to land or buildings in a protection zone. Article 37 sets out the circumstances in which protection and surveillance zones may be brought to an end.

Article 38 provides for the declaration of a restricted zone on confirmation of the disease; article 39 and Schedule 7 provide for the measures applying there.

Article 40 provides for the declaration of a wild animal infected zone on confirmation of the disease in a wild animal; article 41 and Schedule 8 provide for the measures applying there.

Part 4 makes general and supplementary provision.

Article 42 applies after specified movements and requires licences to be produced before animals are unloaded and that those licences are forwarded to the local authority.

Article 43 requires the Secretary of State to take steps to prevent spread of the disease to certain premises (such as premises keeping rare breeds).

Article 44 requires the local authority to erect signs indicating the perimeters of zones declared under the Order.

Article 45 sets out the method to be used when cleansing and disinfecting vehicles transporting susceptible animals. Article 46 requires occupiers to provide facilities, equipment and materials where cleansing and disinfection of vehicles is required on their premises.

Article 47 makes provision to maintain marks applied under the Order.

Article 48 provides for the feeding and tending of animals or poultry which cannot be moved on termination of a right of occupation because of a restriction imposed by the Order.

Articles 49 to 54 and 56 to 59 make provision related to offences and enforcement. Article 55 confers general powers on veterinary inspectors to take action to prevent spread of the disease.

Articles 60 to 62 make consequential amendment to other statutory instruments.

Article 63 revokes the statutory instruments in Schedule 9 insofar as they apply in England.

Failure to comply with this Order is an offence under section 73 of the Act.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been prepared and placed in the library of each House of Parliament, together with a Transposition Note setting out how the main elements of Directive 2003/85/EC are transposed in this Order. Copies may be obtained from the Department for Environment, Food and Rural Affairs, Exotic Disease Prevention and Control Division, 1A Page Street, London SW1P 4PQ.


Notes:

[1] 1981 c.22. Amended by the Animal Health Act 1981 (Amendment) Regulations 1992 (S.I. 1992/3293), the Animal Health Act 2002, c.42 and the Animal Health Act 1981 (Amendment) Regulations 2005 (S.I. 2005/3475). Section 65A was inserted by the Animal Health Act 2002, section 10.back

[2] Functions conferred under the 1981 Act on "the Ministers" (as defined in section 86 of that Act) are now exercisable by the Secretary of State. They were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, 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 further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back

[3] S.I. 2005/2002.back

[4] OJ No. L306, 22.11.2003, p1.back

[5] OJ No. L139, 30.4.2004, p206. The revised text of the Regulation is contained in a corrigendum (OJ No. L226, 25.6.2004, p83).back

[6] OJ No. L139, 30.4.2004, p55. The revised text of the Regulation is contained in a corrigendum (OJ No. L226, 25.6.2004, p22).back

[7] OJ No. L165, 30.4.2004, p1. The revised text of the Regulation is contained in a corrigendum (OJ No. L191, 28.5.2004, p1).back

[8] S.I. 1995/539, revoked in England by S.I. 2005/2059, in Scotland by S.S.I. 2005/505 and in Wales by S.I. 2005/3292.back

[9] S.I.. 1995/540, revoked in England by S.I. 2005/2059, in Scotland by S.S.I. 2005/505 and in Wales by S.I. 2005/3292.back

[10] S.I. 2006/183.back

[11] S.I. 1978/32, amended by this Order; there are other amending instruments but none is relevant.back

[12] S.I. 1998/463.back

[13] S.I. 2003/1724.back

[14] OJ No. L273, 10.10.2002, p1 as last amended by Commission Regulation (EC) No. 668/2004 (OJ N. L112, 19.4.2004, p1).back

[15] S.S.I. 2000/216, to which there are amendments not relevant to this Order.back

[16] S.I. 2005/1158 (W.75).back

[17] S.I. 2005/2002.back

[18] S.I. 2003/1724.back

[19] S.I. 1978/32, to which there are amendments not relevant to this Order.back

[20] S.I. 2006/182.back

[21] S.I. 2006/183.back

[22] S.I. 2001/2734.back

[23] S.I. 2003/1729.back

[24] 1981 c.37.back

[25] 1990, c.43.back

[26] OJ No. L273, 10.10.2002, p1 as last amended by Commission Regulation (EC) No. 668/2004 (OJ N. L112, 19.4.2004, p1).back

[27] S.I. 1998/463.back

[28] S.I. 1998/463.back

[29] OJ No. L273, 10.10.2002, p1 as last amended by Commission Regulation (EC) No. 668/2004 (OJ No. L112, 19.4.2004, p1).back



ISBN 0 11 073971 X


 © Crown copyright 2006

Prepared 8 February 2006


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