Animal Health Act 2002

16 Biosecurity guidance E+W

In the 1981 Act the following sections are inserted after section 6 (eradication areas and attested areas)—

“6A Biosecurity guidance

(1) The Secretary of State must prepare guidance on the appropriate biosecurity measures to be taken in relation to—

(a) foot-and-mouth disease;

(b) such other disease as the Secretary of State by order specifies.

(2) After preparing a draft of the guidance the Secretary of State—

(a) must send a copy of the draft to such persons and organisations as he thinks are representative of those having an interest in biosecurity measures;

(b) must consider any representations made to him about the draft by such persons and organisations;

(c) may amend the draft accordingly.

(3) After the Secretary of State has proceeded under subsection (2) he must publish the guidance in such manner as he thinks appropriate.

(4) The Secretary of State must from time to time review the guidance and if he thinks it appropriate revise the guidance.

(5) Subsections (1) to (3) apply to a revision of the guidance as they apply to its preparation.

(6) But if the Secretary of State thinks that it is necessary to revise the guidance urgently he may publish revised guidance without proceeding under subsection (2).

(7) Biosecurity measures are measures taken to prevent the spread of causative agents of disease.

(8) Causative agent includes any virus, bacterium and any other organism or infectious substance which may cause or transmit disease.

(9) The power to make an order must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(10) It is immaterial that anything done for the purposes of subsections (1) to (3) is done before the passing of the Animal Health Act 2002.

6B Biosecurity compliance

(1) A person having a function under this Act relating to foot-and -mouth disease or a disease specified by order under section 6A(1) must not exercise the function unless the guidance under section 6A has been published and has not been withdrawn.

(2) Any act which is done in contravention of subsection (1) is done without lawful authority.

(3) If a person to whom subsection (5) applies fails to comply with the guidance he is not by reason only of that failure liable in any civil or criminal proceedings.

(4) But the guidance is admissible in evidence in such proceedings and a court may take account of any failure to act in accordance with it in deciding any question in the proceedings.

(5) This subsection applies to—

(a) any person having functions under this Act;

(b) any person who is the owner or occupier of premises on which animals are kept;

(c) any person who has charge of animals;

(d) any person who is under the direction of a person mentioned in paragraphs (a) to (c).”