Statutory Instruments
ANIMALS, ENGLAND
ANIMAL HEALTH
Made
5th September 2002
Coming into force
30th September 2002
The Secretary of State, in exercise of the powers conferred on her under sections 1 and 8(1) of the Animal Health Act 1981(1) and of all other powers enabling her in that behalf, makes the following Order:
1. This Order may be cited as the Disease Control (Interim Measures) (England) (No. 2) (Amendment) Order 2002; it applies to England and shall come into force on 30th September 2002.
2.—(1) The Disease Control (Interim Measures) (England) (No. 2) Order 2002(2) shall be amended in accordance with the following provisions of this article.
(2) In article 2, the definition of “hunting” shall be deleted.
(3) In article 3(3)(f)—
(a)for the words “a goat of either sex” there shall be substituted the words “a ram or a goat of either sex”; and
(b)after the words “after the date of its return unless” there shall be inserted the words “, in the case of a goat,”.
(4) In article 3(10), for the words “a veterinary inspector” there shall be substituted the words “an inspector”.
(5) For article 3(11), there shall be substituted the following—
“(11) A notice issued under paragraph (10) may be varied or revoked at any time by a further notice in writing issued by—
(a)a veterinary inspector, if the notice to be varied or revoked was issued by a veterinary inspector; or
(b)a veterinary or any other inspector, if the notice to be varied or revoked was issued by an inspector other than a veterinary inspector.
(11A) A notice issued under paragraph (11) shall be served on the persons on whom the notice which it varies or revokes was served,”.
(6) Article 5 shall be deleted.
(7) In article 6(3)—
(a)for the words “3(3)(h)” there shall be substituted “3(10)”; and
(b)the words “or 5(2)(b)” shall be deleted.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
5th September 2002
(This note is not part of the Order)
This Order amends the Disease Control (Interim Measures) (England) (No. 2) Order 2002 (S.I. 2002/2152) (the “principal Order”).
The principal amendments are—
(a)the deletion of article 5 of the principal Order which provides that it shall generally be unlawful to hunt certain species with dogs save under the authority of a permit issued by a veterinary inspector; and
(b)the amendment of article 3(3)(f) so as to provide for movements of rams onto any premises not to give rise to a standstill requirement there (as referred to in article 3(1)(b) of the principal Order) provided that the ram is being returned to those premises from a place to which it was moved for breeding purposes and that it is isolated from other animals for 20 days after the date of its return.
A regulatory impact assessment has not been prepared for this Order.
1981 c. 22. Functions conferred under the 1981 Act on “the Ministers” (as defined in section 86 of that Act) were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) and were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).
S.I. 2002/2152.