The Disease Control (England) Order 2003 No. 1729

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 [F1 article 20 of the Pigs (Records, Identification and Movement) Order 2011 (walking licences for pet pigs)].

Textual Amendments

F1 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.

[F2 (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

F2 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

F3 15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Art. 15 omitted (6.4.2016) by virtue of The Disease Control (England) (Amendment) Order 2016 (S.I. 2016/280), arts. 1, 5

[F4 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

F4 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.

[F5 Cross-border movements of animals into England] E+W+S

[F5 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

F5 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)