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Animal Health Act 2002

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This is the original version (as it was originally enacted).

12Deliberate infection of animals

This section has no associated Explanatory Notes

(1)In the 1981 Act the following sections are inserted after section 28—

28ADeliberate infection

(1)A person commits an offence if without lawful authority or excuse (proof of which shall lie on him) he knowingly does anything which causes or is intended to cause an animal to be infected with a disease specified in Schedule 2A.

(2)A person guilty of an offence under subsection (1) is 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.

(3)The Secretary of State may by order amend Schedule 2A.

(4)A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.

28BDeliberate infection: disqualification

(1)If a person is convicted of an offence under section 28A the court may by order disqualify him, for such period as it thinks fit, from keeping or dealing in—

(a)any animals, or

(b)any animals of a specified kind.

(2)The court may suspend the operation of the order—

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

(b)pending an appeal.

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

(4)On an application under subsection (3) 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 kind of animals as it specifies.

(5)In considering an application under subsection (3) 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)his conduct since the disqualification was imposed.

(6)The first application under subsection (3) must not be made before the end of the period of one year starting with the date the disqualification starts.

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

(8)For the purposes of this section keeping or dealing in an animal includes—

(a)having custody or control of an animal;

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

(2)In that Act the following Schedule is inserted after Schedule 2—

SCHEDULE 2ASpecified diseases
  • Foot-and-mouth disease

  • Swine vesicular disease

  • Peste des petits ruminants

  • Lumpy skin disease

  • Bluetongue

  • African horse sickness

  • Classical swine fever

  • Newcastle disease

  • Vesicular stomatitis

  • Rinderpest

  • Contagious bovine pleuropneumonia

  • Rift Valley fever

  • Sheep pox and goat pox

  • African swine fever

  • Highly pathogenic avian influenza.

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