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Commencement Orders bringing legislation that affects this Act into force:
Schedule 3 to this Act has effect as to the slaughter of animals in relation to—
(e)diseases of poultry.
(1)The Minister may, if he thinks fit, cause to be slaughtered any animal which—
(a)is affected or suspected of being affected with any disease to which this section applies; or
(b)has been exposed to the infection of any such disease.
(2)This section applies to such diseases of animals as may from time to time be directed by order of the Ministers.
(3)The Minister shall pay for animals slaughtered under this section compensation of such amount as may be determined in accordance with scales prescribed by order of the Minister made with the Treasury’s approval.
A statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)This section does not apply to poultry; and in this section—
(a)“animals” includes horses;
(b)“disease” is not restricted by its definition in this Act.
Modifications etc. (not altering text)
(1)The Secretary of State may by order amend Schedule 3 for the purpose of—
(a)authorising or requiring the slaughter of animals to be caused with a view to preventing the spread of disease other than foot-and-mouth disease;
(b)requiring the payment of compensation in respect of animals slaughtered by virtue of the order.
(2)An order under this section may include—
(a)amendments corresponding to those made by section 1 of the Animal Health Act 2002;
(b)amendments as to slaughter in relation to any disease not referred to in Schedule 3 (apart from the order);
(c)supplementary or incidental provisions (including amendments of provisions other than Schedule 3).
(3)No order may be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.]
(1)This section applies to a power exercisable by the Secretary of State under—
(a)paragraph 3(1)(c) of Schedule 3;
(b)such other provision of that Schedule (as amended by an order under section 32A(1)(a)) as the Secretary of State by order specifies;
(c)such other provisions of this Act relating to the control of disease as the Secretary of State by order specifies.
(2)The Secretary of State must prepare a document (the disease control (slaughter) protocol) indicating—
(a)the purposes for which any power to which this section applies will be exercised;
(b)the principal factors to be taken into account in deciding whether to exercise the power;
(c)the procedure to be followed in deciding whether in any circumstances or description of circumstances the power is to be exercised, which shall include the application of such methods of detecting disease in animals as may be available;
(d)the procedure to be followed by persons who have functions in relation to the exercise of the power;
(e)the means by which a particular decision to exercise the power may be reviewed.
(3)After preparing a draft of the disease control (slaughter) protocol the Secretary of State—
(a)must send a copy of the draft to such persons and organisations as he thinks are representative of those having an interest in the exercise of the power;
(b)must consider any representations made to him about the draft by such persons and organisations;
(c)may amend the draft accordingly.
(4)After the Secretary of State has proceeded under subsection (3) he must publish the protocol in such manner as he thinks appropriate.
(5)The Secretary of State must from time to time review the protocol and if he thinks it appropriate revise the protocol.
(6)Subsections (2) to (4) apply to a revision of the protocol as they apply to its preparation.
(7)The power to make an order must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(8)It is immaterial that anything done for the purposes of subsections (2) to (4) is done before the passing of the Animal Health Act 2002.]
(1)A power to which section 32B applies must not be exercised unless the protocol mentioned in that section has been published and has not been withdrawn.
(2)Any act which is done in contravention of subsection (1) is done without lawful authority.
(3)If a person who has any function in relation to the exercise of a power to which section 32B applies fails to act in accordance with the protocol he is not by reason only of that failure liable in any civil or criminal proceedings.
(4)But the protocol 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.
(1)This section applies to a power exercisable by the Secretary of State under—
(a)paragraph 3(1)(c) of Schedule 3;
(b)any other provision of that Schedule as amended by an order under section 32A(1)(a).
(2)The Secretary of State must not exercise a power to which this section applies unless before he first exercises the power in relation to any description of circumstances he publishes his reasons in relation to the circumstances of that description—
(a)for the exercise of the power;
(b)for not exercising his power under section 16 to cause animals to be treated with serum or vaccine.
(3)If the Secretary of State does not comply with subsection (2) in relation to any description of circumstances anything done in connection with the exercise of the power in such circumstances must be taken to have been done without lawful authority.]
The Minister may, for the purposes of his powers under this Act relating to the slaughter by him of animals, employ such additional inspectors, valuers and other persons, and at such remuneration, and may incur such expenses, as, subject to the approval of [F5the Treasury], he thinks necessary.
(1)The Minister may, notwithstanding anything in this Act, reserve for observation and treatment an animal liable to be slaughtered under this Act at his direction but subject to payment of compensation by him as in case of actual slaughter.
(2)Where an animal has been slaughtered under this Act at the Minister’s direction, the carcase of the animal shall belong to the Minister and shall be buried, or sold, or otherwise disposed of by him, or as he directs, as the condition of the animal or carcase and other circumstances may require or admit.
(3)If, in any case, the sum received by the Minister on sale of a carcase under this section exceeds the amount paid for compensation to the owner of the animal slaughtered, he shall pay that excess to the owner, after deducting reasonable expenses.
(4)Where an animal has been slaughtered under this Act at the Minister’s direction, he may use for the burial of the carcase any ground in the possession or occupation of the owner of the animal and suitable in that behalf, or any common or unenclosed land.
(5)If the owner of an animal slaughtered under this Act at the Minister’s direction has an insurance on the animal, the amount of the compensation awarded to him under this Act may be deducted by the insurers from the amount of the money payable under the insurance before they make any payment in respect of it.
(6)Notwithstanding anything in this Act, the Minister may, if he thinks fit, withhold, either wholly or partially, compensation or other payment in respect of an animal slaughtered under this Act at his discretion, where the animal, being an imported animal, was in his judgment diseased at the time of its landing or, before or while being brought from a member State, exposed to the infection of disease.
(7)The Ministers may make such orders as they think fit for all or any of the following purposes—
(a)for prescribing the mode of ascertainment of the value of an animal slaughtered, or liable to be slaughtered, at their direction;
(b)for regulating applications for, and the mode of payment of, compensation;
(c)for prescribing and regulating the destruction, burial, disposal or treatment of carcases of animals slaughtered at their direction,
and they may by order provide that subsection (6) above shall cease to have effect.
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