The Disease Control (England) Order 2003

PART 1 E+W+S Introduction

Title, application and commencement E+W+S

1.  This Order may be cited as the Disease Control (England) Order 2003; it applies in England and comes into force on 1st August 2003.

Interpretation E+W+S

2.  In this Order—

“animals” means cattle (excluding bison and yak), deer, goats, pigs and sheep;

“collecting centre” means premises used for the intermediate reception of animals intended to be moved elsewhere (but does not include a market or other place used for the sale or trading of animals unless all the animals there are intended for immediate slaughter);

“keeper” means any person having care and control of animals even on a temporary basis and includes, for the purposes of article 13(2)(a), any person transporting the animals;

“land” includes common or unenclosed land;

“premises” includes land, with or without buildings;

“sole occupancy group” has the meaning assigned by article 11;

F1 ...

“slaughterhouse” has the meaning it is given in [F2 the Food Safety and Hygiene (England) Regulations 2013];

“standstill period” means a period when animals may not be moved off premises because of the provisions of articles 4 or 5; and

“veterinary treatment” includes, in the case of goats, the collection of semen.

Textual Amendments

F1 Words in art. 2 omitted (12.5.2008) by virtue of The Disease Control (England) (Amendment) Order 2008 (S.I. 2008/1066), arts. 1, 2(2)

F2 Words in art. 2 substituted (6.4.2016) by The Disease Control (England) (Amendment) Order 2016 (S.I. 2016/280), arts. 1, 3

Exceptions E+W+S

3.  This Order shall not apply in relation to a movement—

(a) licensed under the Foot-and-Mouth Disease Order 1983(1); or

(b) to or from a zoo licensed under the Zoo Licensing Act 1981(2).

Emergency measures E+W+S

F3 3A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Art. 3A revoked (8.9.2007) by The Disease Control (England) (Amendment) (No. 2) Order 2007 (S.I. 2007/2623), arts. 1, 2

PART 2 E+W+S Movement restrictions

Restrictions on the movement of cattle, sheep and goats E+W+S

4.  No person shall move any sheep, goats or cattle from any premises if any sheep, goats, cattle or pigs have been moved on to those premises during the previous 6 days.

Restrictions on the movement of pigs E+W+S

5.  No person shall move a pig from any premises if—

(a) any pig has been moved on to those premises during the previous 20 days; or

(b) any cattle, goats or sheep have been moved on to those premises during the previous 6 days.

Permitted movements during standstill E+W+S

6.  Notwithstanding articles 4 and 5, animals may be moved off premises during the standstill period if—

(a) the movement is one specified in Schedule 1; or

(b) a permit disapplying the standstill period has been issued by a veterinary inspector.

Movements that do not trigger a standstill period E+W+S

7.  The standstill period is not triggered by a movement on to premises if it is a movement specified in Schedule 2.

Isolation facilities E+W+S

8.—(1) Where animals are held in an isolation facility under any provision of this Order, and other animals are moved in before they are released from the isolation facility, no animal may be removed from the isolation facility before the last date of release of the last animals moved into the isolation facility.

(2) Pigs may not share an isolation facility with animals of any other species.

Marking sheep and goats travelling to shows or exhibitions E+W+S

F4 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Art. 9 revoked (30.11.2005) by The Sheep and Goats (Records, Identification and Movement) (England) Order 2005 (S.I. 2005/3100), arts. 1(c), 36(2)

Restrictions on movements to and from slaughterhouses E+W+S

10.  No person shall—

(a) move any animal to a slaughterhouse save for the purpose of slaughter within 48 hours of its arrival there; or

(b) receive any animal from a slaughterhouse unless, in the case of any animal other than a pig, under the authority of a licence issued by a veterinary inspector.

Sole occupancy groups E+W+S

11.  The Secretary of State may authorise sets of premises as sole occupancy groups if she is satisfied that the premises are linked in terms of their control.

PART 3 E+W+S Licences

Requirement for a licence to move animals E+W+S

12.—(1) No person shall move an animal from any premises unless the movement is made under the authority of a licence issued by the Secretary of State or an inspector.

(2) Paragraph (1) shall not apply to any movement authorised by a licence under [F5 article 20 of the Pigs (Records, Identification and Movement) Order 2011 (walking licences for pet pigs)].

Textual Amendments

F5 Words in art. 12(2) substituted (6.4.2016) by The Disease Control (England) (Amendment) Order 2016 (S.I. 2016/280), arts. 1, 4

Notices prohibiting movement under a general licence E+W+S

13.—(1) Where a general licence has been issued under article 12, the Secretary of State may issue a notice prohibiting—

(a) the movement under the authority of that licence of any animal from any premises specified in the notice; or

(b) any person specified in the notice from moving animals under the authority of that licence either generally or to or from any premises specified in the notice.

(2) A notice may only be issued under paragraph (1) on the advice of an inspector, who must be of the opinion that—

(a) the provisions of this Order are not being or have not been complied with in relation to animals moved to or from the premises in question or in relation to the movement of any other animals of which the person on whom the notice is to be served is or has at any time been the keeper, and

(b) the service of a notice is necessary to prevent a possible spread of disease.

(3) A notice issued under paragraph (1)(a) shall be served on the occupiers of each of the premises specified in the notice and in any other way that the Secretary of State thinks fit to draw the notice to the attention of persons affected by it.

(4) A notice issued under paragraph (1)(b) shall be served on the person prohibited from moving animals by the notice and on the occupiers of any premises individually named in the notice.

(5) A notice shall be in writing, may be subject to conditions and may be amended, suspended or revoked at any time by further notice by the Secretary of State.

Specific licences E+W+S

14.—(1) An animal moved under a specific licence shall—

(a) be moved by the most direct route available to the place of destination specified in the licence, and

(b) be accompanied throughout the movement by the licence.

(2) The person in charge of any animal moved under a specific licence shall, on demand made by a constable or by an inspector or other officer of the Secretary of State or of a local authority—

(a) produce the licence;

(b) allow a copy or an extract to be taken; and

(c) if so required, furnish his name and address.

[F6 (3) Every animal which is moved under a specific licence shall be kept separate throughout such movement from any animal which is not being moved under that licence.]

(4) Where animals are moved under a specific licence, then, unless the licence provides otherwise, the occupier of premises which they are moved on to shall—

(a) ensure that he or his representative is given the licence before allowing the animals to be unloaded; and

(b) keep the licence for six months and during that period produce it to an inspector on request.

Textual Amendments

F6 Art. 14(3) substituted (12.5.2008) by The Disease Control (England) (Amendment) Order 2008 (S.I. 2008/1066), arts. 1, 2(3)

General licences E+W+S

F7 15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Art. 15 omitted (6.4.2016) by virtue of The Disease Control (England) (Amendment) Order 2016 (S.I. 2016/280), arts. 1, 5

[F8 Movement documents for deer E+W+S

15A.   Where deer are moved under a general licence, and that licence requires the person moving the deer to have a movement document, the occupier of premises which they are moved on to must—

(a) comply with the conditions of the licence relating to the reporting of movement information; and

(b) keep a copy of the completed movement document for six months and during that period produce it to an inspector on request.]

Textual Amendments

F8 Art. 15A inserted (6.4.2016) by The Disease Control (England) (Amendment) Order 2016 (S.I. 2016/280), arts. 1, 6

Copies of licences E+W+S

16.  Where an inspector of a local authority issues a licence under article 12(1), he shall retain a copy of the licence for six months.

Compliance with licences, etc. E+W+S

17.  If any person fails to comply with a licence, permit, authorisation or notice issued under this Order an officer of the Secretary of State or an inspector may arrange for it to be complied with at the expense of the person in default.

[F9 Cross-border movements of animals into England] E+W+S

[F9 18.— (1) In this article a “cross-border movement” means the movement of an animal—

(a) from Scotland into England, where the movement of the animal within Scotland is carried out under the authority of a licence (general or specific) issued by an authority in Scotland which is responsible for issuing licences in relation to the movement of animals; or

(b) from Wales into England, where the movement of the animal within Wales is carried out under the authority of a licence (general or specific) issued by an authority in Wales which is responsible for issuing licences in relation to the movement of animals.

(2) That part of a cross-border movement which is carried out within England is treated as if it were authorised by a general licence under article 12.

(3) But paragraph (2) does not apply in the case of a cross-border movement by a person specified in a notice under article 13(1)(b), if that notice prohibits movements of animals by that person generally or to premises which are the destination of the cross-border movement in question.]

Textual Amendments

F9 Art. 18 substituted (24.12.2012) by The Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012 (S.I. 2012/2897), arts. 1(1), 5(2)

PART 4 E+W+S Miscellaneous and enforcement

Licences, permits and authorisations E+W+S

19.—(1) Any licence, permit or authorisation under this Order shall be in writing, may be general or specific, may be subject to conditions and may be varied, suspended or revoked at any time by notice in writing issued—

(a) by the Secretary of State, in the case of a licence, permit or authorisation issued by the Secretary of State or an inspector of any kind;

(b) by a veterinary inspector, in the case of a licence or permit issued by a veterinary inspector or any other inspector of the Secretary of State;

(c) by an inspector of the Secretary of State (other than a veterinary inspector), in the case of a licence issued by any such inspector; or

(d) by an inspector of a local authority, in the case of a licence issued by an inspector of that local authority.

(2) In deciding whether to issue a licence under article 12(1) or a permit under article 6(b) an inspector or a veterinary inspector shall comply with any instructions issued by the Secretary of State.

Cleansing and disinfection E+W+S

20.—(1) A licence issued under article 12(1), a permit issued under article 6(b) or an authorisation under article 11 may specify requirements for the cleansing and disinfection of any vehicle used for moving animals additional to the requirements of [F10 the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 2003] .

(2) Where animals are moved under a licence, the occupier of the premises which they are moved on to shall provide adequate facilities, equipment and materials for any cleansing and disinfection required by the licence.

Textual Amendments

F10 Words in art. 20(1) substituted (12.5.2008) by The Disease Control (England) (Amendment) Order 2008 (S.I. 2008/1066), arts. 1, 2(4)

Change of occupation of premises E+W+S

21.—(1) Where, on the termination of his right of occupation of any premises, the owner of any animal on those premises is unable to remove it from those premises by reason of any restriction imposed by or under this Order, the person entitled to the occupation of those premises shall—

(a) afford the owner of that animal and any person authorised by him for the purpose, all such facilities as may be necessary for feeding, tending or otherwise using that animal (including selling it) as the owner may reasonably require; or

(b) where the owner of that animal is unable or unwilling to avail himself of such facilities, take all such steps as may be necessary to ensure that the animal is properly fed, tended and kept.

(2) The provisions of paragraph (1) shall continue to apply until the expiry of a period of 7 days from the date on which any restriction on the movement of the animal off the premises ceases to apply and the owner of the animal shall be liable to pay to the person who affords any facilities or feeds, tends or otherwise keeps that animal, in accordance with those provisions, such sums by way of remuneration and reimbursement of expenses as may be just and reasonable in all the circumstances.

Enforcement E+W+S

22.—(1) This Order shall be enforced by the local authority.

(2) The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this regulation shall be discharged by the Secretary of State and not by the local authority.

[F11 (3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Animal Health Act 1981 relating to this Order.]

Textual Amendments

F11 Art. 22(3) added (24.12.2012) by The Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012 (S.I. 2012/2897), arts. 1(1), 5(3)

Revocations E+W+S

23.  The Disease Control (Interim Measures) (England) (No. 2) Order 2003(3) is revoked.

[F12 Review E+W+S

24.— (1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision in this Order, and

(b) publish a report setting out the conclusions of the review.

(2) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory provision,

(b) assess the extent to which those objectives are achieved,

(c) assess whether those objectives remain appropriate, and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(3) The first report under this article must be published before 6th April 2021.

(4) Subsequent reports under this article must be published at intervals not exceeding five years.

(5) In this article, “regulatory provision” has the meaning given by section 32(4) of the Small Business, Enterprise and Employment Act 2015.]

Textual Amendments

F12 Art. 24 inserted (6.4.2016) by The Disease Control (England) (Amendment) Order 2016 (S.I. 2016/280), arts. 1, 7

Whitty

Parliamentary Under Secretary of State,

Department for Environment, Food and Rural Affairs