Diseases of Animals Act (Northern Ireland) 2010

Power to slaughter

Slaughter to prevent spread of disease

1.  In Article 16 of the Diseases of Animals (Northern Ireland) Order 1981 (NI 22) (in this Act referred to as “the 1981 Order”) (slaughter of diseased and suspected animals and poultry)—

(a) for paragraph (1), substitute—

“(1) Schedule 2 has effect as to the slaughter of animals and poultry in relation to any disease specified in that Schedule.”;

(b) after paragraph (2) add—

“(3) An order under paragraph (2) may, in particular, include provision authorising or requiring the slaughter of animals or poultry which the Department thinks should be slaughtered with a view to preventing the spread of any disease whether or not the animals or poultry—

(a) are affected with the disease or suspected of being so affected;

(b) are or have been in contact with animals or poultry so affected;

(c) have been in any way exposed to the disease;

(d) have been treated with serum or vaccine (or both) against the disease.”.

Slaughter of animals and poultry treated with serum or vaccine

2.  After Article 16 of the 1981 Order insert—

“Slaughter of animals and poultry treated with serum or vaccine

16A.— (1) This Article applies to any animal or bird which has been treated with serum or vaccine (or both) for the purpose of controlling disease or preventing the spread of any disease specified for the purposes of this Article by order of the Department.

(2) The Department may cause to be slaughtered any animal or bird to which this Article applies.

(3) The Department shall, by order, make provision for compensation in respect of the slaughter of any animal or bird under this Article.”.

Transmissible spongiform encephalopathies

Transmissible spongiform encephalopathies

3.  Schedule 1 makes provision about transmissible spongiform encephalopathies.

Enforcement

Powers of entry

4.—(1) In Article 46 of the 1981 Order (general powers of inspectors)—

(a) in paragraph (2)—

(i) for “land, building, shed, pen or place” substitute “premises”;

(ii) in sub-paragraph (a)(iii) for “pen, place, vehicle or thing” substitute “pen, place, receptacle, container or thing or ship, vessel, boat, aircraft, hovercraft or vehicle of any other description”;

(b) after paragraph (2) insert—

“(2A) An inspector may at all reasonable times enter premises—

(a) for the purpose of—

(i) ascertaining whether a power conferred by or under this Order to cause an animal or bird to be slaughtered should be exercised;

(ii) doing anything in the exercise of that power;

(b) for the purpose of exercising any power conferred by Article 11.

(2B) An inspector may at all reasonable times enter premises for the purpose of ascertaining—

(a) the identity of any animal or bird;

(b) whether an immune response exists in animals or poultry on the premises;

(c) whether any animal or bird on the premises or which was kept there at any time is, or was at that time, infected with disease;

(d) whether any causative agent of disease in animals or poultry is present on the premises.

(2C) An inspector may at all reasonable times enter premises for the purpose of—

(a) carrying out any function he has under or in pursuance of Part 2A, or

(b) ascertaining whether any such function should be exercised.”;

(c) in paragraph (3)(c) omit “, vessel, or aircraft”;

(d) in paragraph (4), for the words from “pen” to the end of that paragraph substitute “premises”;

(e) in paragraph (5) for “land, building, place, pen, vehicle, vessel, boat or aircraft” substitute “premises”;

(f) after paragraph (5) insert—

“(5A) Paragraphs (1) to (4) do not apply to any premises used exclusively as a dwelling-house unless 24 hours' notice of the intended entry is given to the occupier of the premises.”;

(g) in paragraphs (7)(a)(i) and (7A)(a)(i) for “land, building, place, pen, vehicle, vessel, boat or aircraft” substitute “premises”;

(h) for paragraph (7B) substitute—

“(7B) In this Article “causative agent” includes any virus, bacterium, and any other organism or infectious substance or particle which may cause or transmit disease.”.

(2) In Article 46A of the 1981 Order (powers of inspectors relating to Community obligations), in paragraph (a), for the words from “enter” to “for” substitute “enter premises for”.

(3) After Article 46A of the 1981 Order insert—

“Powers of entry: warrants

46B.— (1) If a lay magistrate is satisfied by complaint on oath that the first condition is satisfied and that the second or third condition is satisfied the lay magistrate may issue a warrant authorising an inspector to enter any premises, if necessary using reasonable force, for any of the purposes mentioned in Article 46, 46A or 47A.

(2) The complaint shall include—

(a) a statement as to whether any representations have been made by the occupier of the premises to an inspector concerning the purpose for which the warrant is sought;

(b) a summary of any such representations.

(3) The first condition is that there are reasonable grounds for an inspector to enter the premises for that purpose.

(4) The second condition is that the occupier of the premises—

(a) has been informed of the decision to seek entry to the premises and of the reasons for that decision;

(b) has failed to allow entry to the premises on being requested to do so by an inspector; and

(c) has been informed of the decision to apply for the warrant.

(5) The third condition is that—

(a) the premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises; or

(b) an application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises.

(6) A warrant issued under this Article remains in force for one month starting with the date of its approval by the lay magistrate, which date shall be clearly visible on the warrant.

(7) A warrant issued under this Article shall be executed only at a reasonable hour unless the inspector thinks that the case is one of urgency.

(8) In relation to any premises to which entry is obtained by virtue of a warrant under this Article the Department shall retain for a period of not less than 3 years beginning with the day after entry—

(a) a copy of the warrant;

(b) a copy of any record of the steps taken to effect entry to the premises and the actions taken on the premises by the inspector and any other person entering the premises with the inspector.

Powers of entry: supplementary provisions

46C.— (1) This Article applies to an inspector who enters any premises by virtue of Article 46, 46A or 47A or under a warrant issued under Article 46B.

(2) The inspector may take with him—

(a) such other persons as he thinks necessary to give him such assistance as he thinks necessary;

(b) such equipment as he thinks necessary.

(3) The inspector may require any person on the premises who falls within paragraph (5) to give such assistance and provide such facilities as the inspector may reasonably require for the purposes mentioned in Article 46, 46A or 47A, as the case may be.

(4) The inspector may require any person who falls within paragraph (5) to provide his name and address.

(5) The following persons fall within this paragraph—

(a) the owner or occupier of the premises;

(b) a person appearing to the inspector to be the owner of, or have charge of, animals or poultry on the premises;

(c) a person appearing to the inspector to be under the direction or control of a person mentioned in sub-paragraph (a) or (b).

(6) An inspector who enters any premises by virtue of Article 46 or 46A or under a warrant issued under Article 46B may take such samples (including samples from any animal or bird on the premises) and carry out such tests and procedures as he thinks necessary.

(7) An inspector who enters any premises by virtue of Article 46, 46A or 47A or under a warrant issued under Article 46B may—

(a) inspect any records (in whatever form they are held) relating to the keeping, acquisition or disposal of animals or poultry;

(b) seize and detain any records which he reasonably thinks may be needed as evidence in any proceedings under or by virtue of this Order.

(8) If the inspector enters any premises by virtue of a warrant issued under Article 46B he shall at the time of entry—

(a) serve a copy of the warrant on the occupier of the premises; or

(b) if the occupier is not on the premises, leave a copy of the warrant in a conspicuous place on the premises.

(9) An inspector who enters any premises by virtue of Article 46, 46A or 47A or under a warrant issued under Article 46B shall, if required, produce evidence of his authority to act under the relevant Article.

(10) If the inspector enters any unoccupied premises he must leave them as effectively secured against entry as he found them.

(11) Without prejudice to the generality of Article 52(1)(b), a person commits an offence if—

(a) he is required to give assistance, or provide facilities, under paragraph (3); and

(b) he fails to give that assistance or provide those facilities.

Powers of entry under warrant: code of practice

46D.— (1) An inspector who enters any premises by virtue of a warrant issued under Article 46B shall comply with a code of practice which has been published under paragraph (4) and has not been withdrawn.

(2) The Department shall prepare a code of practice in connection with the exercise by inspectors of a power of entry conferred by virtue of a warrant issued under Article 46B.

(3) After preparing a draft of the code the Department—

(a) shall publish the draft in such manner as it thinks appropriate and invite representations regarding the draft;

(b) shall consider any representations made to it regarding the draft; and

(c) may amend the draft accordingly.

(4) After the Department has proceeded under paragraph (3) it shall publish the code in such manner as it thinks appropriate.

(5) The Department shall from time to time review the code and if it thinks it appropriate revise the code.

(6) Paragraphs (2) to (4) apply to a revision of the code as they apply to its preparation.”.

(4) In Article 52 of the 1981 Order (offences), in paragraph (1)(b), for “land, building, place, vessel, aircraft, pen, vehicle, or boat” substitute “premises”.

Failure to give name and address

5.  In Article 52 of the 1981 Order (offences), after paragraph (7) (as added to that Article by section 10(2) of this Act) add—

“(8) A person who—

(a) fails to give his name and address when required to do so under Article 46C(4); or

(b) gives a false or inaccurate name or address in response to a requirement under that Article,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.”.

Prosecutions: time limit

6.  In Article 55 of the 1981 Order (extension of time for bringing summary proceedings), in paragraph (1), for “six” substitute “twelve”.

General

Biosecurity guidance

7.  After Article 4 of the 1981 Order insert—

“Biosecurity guidance

4A.— (1) The Department shall prepare guidance on the appropriate biosecurity measures to be taken in relation to any disease specified by order of the Department.

(2) After preparing a draft of the guidance the Department—

(a) shall send a copy of the draft to such persons and organisations as it thinks are representative of those having an interest in biosecurity measures;

(b) shall consider any representations made to it about the draft by such persons and organisations;

(c) may amend the draft accordingly.

(3) After the Department has proceeded under paragraph (2) it shall publish the guidance in such manner as it thinks appropriate.

(4) The Department shall from time to time review the guidance and if it thinks it appropriate revise the guidance.

(5) Subject to paragraph (6), paragraphs (1) to (3) apply to a revision of the guidance as they apply to its preparation.

(6) If the Department thinks that it is necessary to revise the guidance urgently it may publish revised guidance without proceeding under paragraph (2).

(7) Biosecurity measures are measures taken to prevent the spread of causative agents of disease.

(8) In paragraph (7), “causative agent” includes any virus, bacterium and any other organism or infectious substance or particle which may cause or transmit disease.

(9) It is immaterial that anything done for the purposes of paragraphs (1) to (3) is done before the coming into operation of section 7 of the Diseases of Animals Act (Northern Ireland) 2010.

Biosecurity compliance

4B.— (1) If a person to whom paragraph (2) applies fails to comply with guidance which has been published under Article 4A(3) and has not been withdrawn, that person is not by reason only of that failure liable in any civil or criminal proceedings but the guidance is admissible in evidence in such proceedings and a court may take account of any failure to act in accordance with it in deciding any question in the proceedings.

(2) This paragraph applies to—

(a) any person having functions under this Order;

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

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

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

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

(a) the slaughter has been necessitated by brucellosis;

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

(c) the owner or person having charge of the animal has failed to comply with the guidance.”.

Power to regulate the supply of fodder

8.  In Article 5 of the 1981 Order (prevention or checking of disease), in paragraph (1)(h), for the words “sale or use” substitute “sale, supply or use”.

Fees and expenses

9.—(1) In Article 5 of the 1981 Order (prevention or checking of disease), in paragraph (1), after sub-paragraph (k) insert—

“(kk) prescribe and regulate the circumstances in which expenses incurred by the Department may be recovered from any person who fails to comply with any provision of this Order or an order of the Department;”.

(2) In Article 50 of the 1981 Order (payment of fees and expenses), in paragraph (1)(a), for “such business” substitute “any appointment, certificate, declaration, licence, registration, approval or other such business”.

Deliberate infection

10.—(1) After Article 5 of the 1981 Order insert—

“Deliberate infection

5A.— (1) A person commits an offence if, without lawful authority or excuse (proof of which shall lie on him), he knowingly or recklessly does any act which causes or is intended to cause an animal or bird to be infected with a disease.

(2) A person commits an offence if, without lawful authority or excuse (proof of which shall lie on him), that person acquires or takes possession of an animal or bird which he knows, or ought reasonably to know, to be infected with a disease.

Deliberate infection: disqualification

5B.— (1) If a person is convicted of an offence under Article 5A the court may by order disqualify that person, for such period as it thinks fit, from keeping or dealing in—

(a) any animals or poultry, or

(b) any animals or poultry of a specified kind.

(2) If a person is convicted of an offence under Article 5A and, at any time after the date of that conviction, that person is convicted of a further offence under that Article, the court shall by order disqualify that person, for such period as it thinks fit, from keeping or dealing in—

(a) any animals or poultry; or

(b) any animals or poultry of a specified kind.

(3) The court may suspend the operation of an order made under paragraph (1) or (2)—

(a) for such period as it thinks necessary to enable arrangements to be made for the keeping of any animals or poultry to which the disqualification relates;

(b) pending an appeal.

(4) A person who is disqualified under paragraph (1) or (2) may from time to time apply to the court which imposed the disqualification to remove it or vary it.

(5) On an application under paragraph (4) the court may by order—

(a) refuse the application,

(b) remove the disqualification, or

(c) vary the disqualification to apply it only to such animals or poultry or such kind of animals or poultry as it specifies.

(6) In considering an application under paragraph (4) the court may have regard to—

(a) the nature of the offence in respect of which the disqualification was imposed;

(b) the character of the applicant;

(c) the conduct of the applicant since the disqualification was imposed.

(7) The first application under paragraph (4) must not be made before the end of the period of one year starting with the date the disqualification starts.

(8) A further application shall not be made before the end of the period of one year starting with the date of the court’s last order.

(9) For the purposes of this Article keeping or dealing in an animal or bird includes—

(a) having custody, control or possession of an animal or bird;

(b) being concerned in the management or control of a body (whether or not incorporated) whose activities include keeping or dealing in animals or poultry.”.

(2) In Article 52 of the 1981 Order (offences), after paragraph (6) add—

“(7) A person guilty of an offence under Article 5A shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.”.

Seizure and destruction of things liable to spread disease

11.  In Article 6 of the 1981 Order (seizure and destruction of carcases, etc. liable to spread disease)—

(a) in paragraph (1), for “or fertilisers” substitute “fertilisers, or any other thing, whether animate or inanimate,”;

(b) in paragraph (2), for “or fertilisers” substitute “fertilisers, or any other thing”.

Control of vaccines

12.  After Article 8 of the 1981 Order insert—

“Control of vaccines

8A.— (1) The Department may by order prohibit or regulate—

(a) the manufacture, import, possession, sale or supply of such vaccines as may be specified in the order;

(b) the administration to any animal or bird of such vaccines as may be specified in the order.

(2) Without prejudice to paragraph (1), an order under that paragraph may—

(a) specify the persons who may manufacture, import, possess, sell, or supply vaccines;

(b) specify the persons who may administer vaccine to any animal or bird;

(c) provide for the issue of licences for the manufacture, import, possession, sale, supply or administration of vaccines, subject to such conditions as may be specified in the licences;

(d) require any person—

(i) to keep such records and retain such documents as may be specified in the order;

(ii) to furnish to the Department such information and returns as may be so specified;

(iii) to permit an inspector to inspect and take extracts from such records and documents;

(e) provide for the seizure, detention and disposal of any vaccine manufactured, imported, possessed, sold or supplied in contravention of the order;

(f) provide for the seizure, detention and disposal of any animal or bird to which vaccine has been administered in contravention of the order.”.

Treatment of animals or poultry

13.  For Article 11 of the 1981 Order (treatment of animals or poultry exposed to infection) substitute—

“Treatment of animals or poultry

11.— (1) For the purpose of controlling disease or preventing the spread of disease, the Department may cause such treatment as it considers necessary to be given to any animal or bird.

(2) In paragraph (1), “treatment” includes treatment with serum or vaccine, or with both serum and vaccine.

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

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

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

Regulation of movement of animals and poultry

14.  In Article 19 of the 1981 Order (regulation of movement of animals and poultry, etc.)—

(a) in paragraph (a), the words “diseased or suspected” cease to have effect;

(b) in paragraph (e), the words “newly purchased” cease to have effect.

Registration and approval of livestock dealers

15.  After Article 19 of the 1981 Order insert—

“Registration and approval of livestock dealers

19A.— (1) The Department may by order—

(a) regulate the possession, purchase, sale or supply of animals or poultry by livestock dealers for the purpose of preventing the outbreak or spread of disease or for the purpose of preventing injury or suffering to animals or poultry;

(b) provide for the approval and registration of livestock dealers and premises owned or occupied by livestock dealers.

(2) In paragraph (1), “livestock dealer” means any person who—

(a) buys and sells animals or poultry commercially, either on his own behalf or on behalf of another;

(b) does not generally retain such animals or poultry in his ownership for a period of more than 30 days; and

(c) in the course of his business moves animals or poultry purchased by him from premises owned or occupied by him to premises not owned or occupied by him.”.

Export of animals and poultry

16.  In Article 32 of the 1981 Order (export of animals and poultry), in paragraph (a), the words “to a member State” cease to have effect.

Records and returns

17.  In Article 44 of the 1981 Order (records and returns), after “owner of” insert “, or person in charge of,”.

Inspection, etc., of imports

18.—(1) After Article 47 of the 1981 Order insert—

“Power to inspect imports

47A.— (1) An inspector may, at all reasonable hours, exercise the powers set out in paragraph (2) for the purpose of—

(a) enforcing any order made under—

(i) paragraph (1) of Article 24;

(ii) paragraph (1) of Article 29; or

(iii) Article 30;

(b) ascertaining whether such an order is being or has been complied with; or

(c) verifying the identity, origin or destination of any product for the purpose mentioned in sub-paragraph (b).

(2) An inspector may—

(a) enter any premises (except premises used only as a dwelling-house) and inspect the premises and anything in or on the premises;

(b) open any bundle, package, packing case, or item of personal luggage, or require any person in possession of or accompanying the same to open it;

(c) inspect the contents of any bundle, package, packing case or item of personal luggage opened pursuant to sub-paragraph (b);

(d) inspect any product, including its packaging, seals, marking, labelling and presentation, and any plant or equipment used for or in connection with any product; and

(e) take samples of any product.”.

(2) In Article 29 of the 1981 Order (regulation of ports, aerodromes, etc.), in paragraph (2)—

(a) in sub-paragraph (j), for the words “a landing place” substitute “a port, aerodrome or landing place”;

(b) in sub-paragraph (m)—

(i) for the words “seizure and detention” substitute “seizure, detention and disposal”;

(ii) the words “, by which disease may be introduced or spread” cease to have effect.

Power to inspect, cleanse and disinfect vehicles

19.  After Article 48 of the 1981 Order insert—

“Examination, cleansing and disinfection of vehicles

48A.— (1) If a vehicle is in a designated area in a designated period, an inspector (on producing, if required to do so, some duly authenticated document showing his authority) may—

(a) stop, detain and examine that vehicle to ascertain whether the provisions of any of the following are being complied with—

(i) this Order;

(ii) an order made under this Order;

(iii) a bye-law of a district council made in pursuance of an order made under this Order;

(b) cleanse and disinfect that vehicle.

(2) In paragraph (1)—

“designated area” means any area designated by order of the Department and any such area may include the whole of Northern Ireland;

“designated period” means any period of time designated by order of the Department;

“vehicle” includes—

(a)

a trailer, semi-trailer or other thing which is designed or adapted to be towed by another vehicle;

(b)

anything on a vehicle;

(c)

a detachable part of a vehicle;

(d)

a container or other structure designed or adapted to be carried by or on a vehicle.”.

Procedure for orders

20.  In Article 61(1) of the 1981 Order (orders)—

(a) after “3(2),” insert “4A(1), 4B(3),”;

(b) after “8(1),” insert “8A(1),”;

(c) after “16(1A) or (2),” insert “16A(1) or (3), 19A(1), 32A, 32B(1), 32D(7), 32E(2), 32F(5), 32I(1),”;

(d) for “39(3) and 50(1)” substitute “39(3), 48A(2) and 50(1)”.

Supplementary

Minor and consequential amendments and repeals

21.—(1) Schedule 2 (which makes minor and consequential amendments) has effect.

(2) The statutory provisions specified in Schedule 3 are repealed to the extent specified there.

Commencement

22.—(1) This Act, except this section and section 23, shall come into operation on such day or days as the Department of Agriculture and Rural Development may by order appoint.

(2) An order made under subsection (1) may contain such transitional provisions as appear to the Department of Agriculture and Rural Development to be necessary or expedient in connection with the provisions brought into operation by the order.

Short title

23.  This Act may be cited as the Diseases of Animals Act (Northern Ireland) 2010.