The Animal Gatherings (Interim Measures) (England) (Amendment) Order 2002

Statutory Instruments

2002 No. 1328

ANIMALS, ENGLAND

ANIMAL HEALTH

The Animal Gatherings (Interim Measures) (England) (Amendment) Order 2002

Made

13th May 2002

Coming into force

15th May 2002

The Secretary of State for Environment, Food and Rural Affairs, acting in exercise of the powers conferred on her by sections 1, 7, and 8 of the Animal Health Act 1981(1) and of all other powers enabling her in that behalf, makes the following Order:

Title, extent, commencement

1.—(1) This Order may be cited as the Animal Gatherings (Interim Measures) (England) (Amendment) Order 2002 and extends to England only.

(2) This Order shall come into force on 15th May 2002.

Interpretation

2.  —In this Order—

(a) “the principal Order” means the Animal Gatherings (Interim Measures) (England) Order 2002(2); and

(b) “equipment” shall include pens and hurdles.

Amendment of article 2

3.—(1) Article 2 of the principal Order shall be amended in accordance with the provisions of this article.

(2) The words “, unless the context otherwise requires” shall be deleted.

(3) In paragraph (e) the words “in the case of store cattle,” shall be deleted.

Amendment of Paragraph 2 of the Schedule

4.  Paragraph 2 of the Schedule shall be replaced by the following paragraph—

“2.   Once the last animal at an animal gathering has left the premises, no person shall—

(a) subject to paragraph 3 below, allow animals onto those premises until the cleansing of visible contamination on all equipment to which the animals at the gathering had access has been completed; or

(b) remove from those premises any equipment to which animals at the gathering had access unless—

(i) the cleansing of visible contamination referred to in sub-paragraph (a) above has been completed on the equipment to be removed and a period of 28 days has elapsed since its completion; or

(ii) the equipment to be removed has been swept or scraped clean, cleansed by washing and an approved disinfectant applied in accordance with manufacturers instructions.”

Amendment of paragraph 6 of the Schedule

5.  —In paragraph 6 of the Schedule for the words “(for a reason other than the presence of animals there)” there shall be substituted the following—

• “, following the last occasion on which the premises were cleansed and disinfected in accordance with paragraphs 4 and 5 above,”.

Whitty

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

13th May 2002

Explanatory Note

(This note is not part of the Order)

This Order applies only to England. It amends the Animal Gatherings (Interim Measures) (England) Order 2002 (S.I. 2002/202) (the principal Order), which for a temporary period until 30 November 2002 disapplies and replaces the Markets, Sales and Lairs Order 1925 (S.I. 1925/1349) (as amended), and prohibits the use of premises for animal gatherings unless there is a licence permitting that activity and unless the provisions which are set out in its Schedule are adhered to.

This Order amends—

(a) the definition of “animal gathering” at Article 2(e) of the principal Order (Article 3);

(b) the provisions in paragraph 2 of the Schedule to the principal Order that apply following an animal gathering, so as to remove the requirement that 28 days must have passed before other animals can be allowed on the premises (Article 4);

(c) the provisions in paragraph 6 of the Schedule to the principal Order so as to require the premises to undergo further cleansing and disinfection if for any reason they become contaminated after they have been cleansed and disinfected in accordance with the principal Order (Article 5).

A regulatory impact assessment has not been prepared for this Order.

(1)

1981 c. 22. See section 86(1) for the definitions of “the Ministers” and “the Minister”. In relation to England, the powers of “the Secretary of State for Scotland and the Secretary of State for Wales” were transferred 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).

(2)

S.I. 2002/202.