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- Original (As enacted)
This is the original version (as it was originally enacted).
7. After Article 4 of the 1981 Order insert—
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.
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whom paragraph (2) applies fails to comply with guidance which has been published under Article 4A(3) and has not been withdrawn, that person is not by reason only of that failure liable in any civil or criminal proceedings but the guidance is admissible in evidence in such proceedings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.”.
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”.
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”.
10.—(1) After Article 5 of the 1981 Order insert—
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.
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.”.
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”.
12. After Article 8 of the 1981 Order insert—
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.”.
13. For Article 11 of the 1981 Order (treatment of animals or poultry exposed to infection) substitute—
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.”.
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.
15. After Article 19 of the 1981 Order insert—
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.”.
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.
17. In Article 44 of the 1981 Order (records and returns), after “owner of” insert “, or person in charge of,”.
18.—(1) After Article 47 of the 1981 Order insert—
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
(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.
19. After Article 48 of the 1981 Order insert—
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—
(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;
a trailer, semi-trailer or other thing which is designed or adapted to be towed by another vehicle;
anything on a vehicle;
a detachable part of a vehicle;
a container or other structure designed or adapted to be carried by or on a vehicle.”.
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)”.
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