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Animal Health and Welfare Act 1984

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1 Seizure and disposal of things likely to spread disease.E+W+S

(1)In section 35(1) of the M1Animal Health Act 1981 (power of Ministers to provide for seizure, disposal etc. to prevent spread of disease)—

(a)for paragraph (a) (seizure of carcases and other specified things) there is substituted—

(a)for the seizure of anything, whether animate or inanimate, by or by means of which it appears to them that any disease to which this subsection applies might be carried or transmitted, and; and

(b)for the words from “disease” to the end there is substituted “ such disease ”.

(2)After that subsection there is inserted—

(1A)Subsection (1) above does not authorise provision for the seizure of any animal; but such an order may provide for the seizure of carcases and of anything obtained from or produced by an animal.

In this subsection, ”animal’ includes anything that may, by virtue of an order under section 87 below, be included for any of the purposes of this Act in the definition of animals or of poultry contained in that section, and “carcases” is to be construed accordingly.

(3)In section 36 of that Act (compensation)—

(a)in subsection (1)(b) (duty to pay compensation for things seized under section 35(1), except carcases of animals or birds affected with disease) after the words “carcase of” there is inserted “ or anything obtained from or produced by ”, and

(b)in subsection (2) (power to pay compensation for such carcases) for the words “seized as mentioned above of” there is substituted “ of, or things obtained from or produced by ” and, at the end of that subsection, there is inserted “ being carcases or things seized under an order made by virtue of section 35(1) above ”.

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