The Foot-and-Mouth Disease (Amendment) (England) (No. 10) Order 2001

Explanatory Note

(This note is not part of the Order)

This Order amends the Foot-and-Mouth Disease Order 1983 (the “1983 Order”) (S.I. 1983/1950 as last amended, in relation to England, by S.I. 2001/2735) in relation to England.

The principal amendments made are as follows—

(1) article 18 is amended so as to allow licences for animals to move from premises in an infected area declared under Part III of the 1983 Order to be granted by the Minister of Agriculture, Fisheries and Food (“the Minister”) as well as by an inspector (article 2(2));

(2) article 29A(2) is replaced (article 2(3))—

(a) so as to make it clear that the number of permitted persons who may make up a shooting party allowed to shoot deer in an infected area declared under Part III of the 1983 Order (in accordance with that paragraph and as an exception to certain of the prohibitions set out in paragraph (1) of that article) shall include any beaters employed by the person on whose land the shoot takes place; and

(b) to allow the shooting (or attempted shooting) in an infected area (declared under Part III of the 1983 Order) of grouse, pheasant or partridge under a licence issued by a veterinary inspector.

• (By virtue of article 3 of this Order, these amendments will also apply in relation to the equivalent provisions applying in a restricted infected area declared under Part IIIA of the 1983 Order);

(3) article 31(1) is amended so as to allow licences for animals to move from premises in a controlled area declared under Part IV of the 1983 Order to be granted by the Minister as well as by an inspector (article 2(4));

(4) article 36(2) is replaced (article 2(5)) so as to make it clear—

(a) that the number of permitted persons who may make up a shooting party which is allowed to shoot deer in a controlled area declared under Part IV of the 1983 Order (in accordance with that paragraph and as an exception to certain of the prohibitions set out in paragraph (1) of that article) shall include any beaters employed by the person on whose land the shoot takes place; and

(b) that licences to cull deer (as a further exception to prohibitions set out in paragraph (1) of that article) may be granted by inspectors;

(5) article 38 (article 2(6)) is revoked and replaced so as to extend the power of veterinary inspectors to impose restrictions on the occupier of premises or on the owner or person in charge of any animal, poultry or thing for the purpose of preventing the spread of disease. The new article 38 enables a veterinary inspector to prohibit the movement of persons into, within or out of a place; to prohibit or require the movement of animals; to require the detention or isolation of animals, poultry or things or the separation of animals and poultry; to require the destruction, burial disposal or treatment of any thing; to require the cleansing and disinfection of any place or thing or to require any person to disinfect himself; or to impose other requirements with respect to any animal, poultry or thing; and

(6) article 46 is amended (article 2(7)) so as to enable the Minister to direct either that she rather than the local authority should execute and enforce certain descriptions of cases or particular cases under the 1983 Order or that she should so execute and enforce the Order jointly with the local authority.

A regulatory impact assessment has not been prepared for this Order.