The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007

Statutory Instruments

2007 No. 926

PREVENTION AND SUPPRESSION OF TERRORISM

The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007

Made

19th March 2007

Coming into force

19th May 2007

This Order is made in exercise of the powers conferred by section 75 of the Anti-terrorism, Crime and Security Act 2001(1).

The Secretary of State is satisfied that the animal pathogens to which this Order applies are of a description that could be used in an act of terrorism to cause widespread damage to property, significant disruption to the public or significant alarm to the public.

A draft of this Order has been laid before, and approved by resolution of, each House of Parliament in accordance with section 75(6) of that Act.

Accordingly, the Secretary of State makes the following Order:

1.  This Order may be cited as the Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 and shall come into force on the expiry of two months beginning with the day on which it is made.

2.  Sections 58 to 74 of the Anti-terrorism, Crime and Security Act 2001 apply to the animal pathogens of a description set out in Schedule 5 to that Act, as modified by the Schedule to this Order, subject to the modifications set out in the Schedule to this Order.

Tony McNulty

Minister of State

Home Office

19th March 2007

Article 2

SCHEDULE Modifications to Provisions of Part 7 of the Anti-terrorism, Crime and Security Act 2001 as applied by this Order

1.  Section 58 (pathogens and toxins to which requirements under Part 7 apply) is modified by omitting subsections (2) and (3).

2.  Section 73 (orders and regulations) is modified by omitting subsection (2).

3.  Schedule 5 is modified by substituting the following Schedule —

“SCHEDULE 5 ANIMAL PATHOGENS

• African horse sickness virus

• African swine fever virus

• Bluetongue virus

• Classical swine fever virus

• Contagious bovine pleuropneumonia

• Foot and mouth disease virus

• Goat pox virus

• Hendra virus (Equine morbillivirus)

• Highly pathogenic avian influenza (HPAI) as defined in Annex I(2) of Council Directive 005/94/EC(2)

• Lumpy skin disease virus

• Newcastle disease virus

• Peste des petits ruminants virus

• Rift Valley fever virus

• Rabies and rabies-related Lyssaviruses

• Rinderpest virus

• Sheep pox virus

• Swine vesicular disease virus

• Vesicular stomatitis virus

• Notes

  Any reference in this Schedule to a micro-organism includes—

  (a)

  intact micro-organisms;

  (b)

  micro-organisms which have been genetically modified by any means, but retain the ability to cause serious harm to animal health;

  (c)

  any nucleic acid derived from a micro-organism listed in this Schedule (synthetic or naturally derived, contiguous or fragmented, in host chromosomes or in expression vectors) that can encode infectious or replication competent forms of any of the listed micro-organisms;

  (d)

  any nucleic acid sequence derived from the micro-organism which when inserted into any other living organism alters or enhances that organism’s ability to cause serious harm to animal health.”.

•    ”.

EXPLANATORY NOTE

(This note is not part of the Order)

Part 7 of the Anti-terrorism, Crime and Security Act 2001 provides for the security of those pathogens and toxins which fall within the meaning of “dangerous substance” in section 58(4)(a) by virtue of consisting of or including a substance for the time being mentioned in Schedule 5 to that Act. Article 2 of this Order applies that Part in relation to those animal pathogens that satisfy, in the opinion of the Secretary of State, the test in section 75(4) of that Act. Such animal pathogens are listed in Schedule 5 to that Act, as substituted by paragraph 3 of the Schedule to this Order.

A Regulatory Impact Assessment in respect of this Order can be obtained from J. Fanshaw, the Terrorism and Protection Unit, Home Office, Peel Building, 2 Marsham Street, London SW1P 4DF (Tel. No. 020 7035 6821).

(1)

2001 c.24.

(2)

O.J. L10, 14.1.2006, p.16.