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Title, commencement and interpretation

1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) Amendment No. 4 Order 1988 and shall come into force on 1st November 1988.

(2) In this Order “the principal Order” means the Food Protection (Emergency Prohibitions) Order 1988((1)).

Designated incident

2.  In the opinion of the Secretary of State, food in the areas described in the Schedule to the principal Order, or which is derived from anything in those areas, is or may be unsuitable for human consumption in consequence of the following escape of substances:—

the escape on or after 26th April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.

Amendment of the principal Order

3.—(1) In article 4 of the principal Order for paragraph (2) there shall be substituted the following paragraph:—

(2) Paragraph (1) above shall not apply in the case of any sheep which—

(a)was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; and

(b)has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers. .

(2) For article 5 of the principal Order there shall be substituted the following article:—

5.(1) No person shall move any sheep from any farm, agricultural holding, agricultural premises or holding in any of the designated areas.

(2) Paragraph (1) above shall not apply in the case of—

(a)any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;

(b)any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark;

(c)any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;

(d)any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;

(e)any sheep which was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;

(f)any sheep which was moved from any place in accordance with a consent given on or after 1st August 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;

(g)any sheep which was moved from any place in accordance with a consent given on or after 3rd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark.

(3) No person shall move into the designated areas any sheep which has been removed from those areas or from any area which is from time to time designated by an Order under section 1 of the said Act which refers to the escape of substances described in article 2 of this Order, except any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark or which consent did not require that the sheep to which it applies should be marked. .

(3) In article 6 of the principal Order for paragraph (2) there shall be substituted the following paragraph:—

(2) Paragraph (1) above shall not apply in the case of—

(a)any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;

(b)any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;

(c)any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;

(d)any sheep which was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;

(e)any sheep which-

(i)was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark, or

(ii)was moved from any place in accordance with a consent given on or after 1st August 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark, or

(iii)was moved from any place in accordance with a consent given on or after 3rd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark, and which in any case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers. .

N E Sharp

Assistant Secretary, Scottish Office

St Andrew’s House,

Edinburgh

28th October 1988