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Part IE+W+S General

Transport by sea and airE+W+S

10 Importation.E+W+S

(1)The Ministers may by orders make such provision as they think fit for the purpose of preventing the introduction or spreading of disease into or within Great Britain through the importation of—

(a)animals and carcases;

(b)carcases of poultry and eggs; and

(c)other things, whether animate or inanimate, by or by means of which it appears to them that any disease might be carried or transmitted.

(2)Without prejudice to the generality of the powers conferred by this section and by section 1 above, for the purpose specified in subsection (1) above an order under this section—

(a)may prohibit or regulate the importation of any of the things specified in paragraphs (a) to (c) of subsection (1);

(b)may make provision not only with respect to imports (including vessels, boats, aircraft and vehicles of other descriptions) but also with respect to persons, animals, and other things which have been or may have been in contact with imports;

(c)may make different provision in relation to different cases; and

(d)may make provision with respect to any of the matters specified in Schedule 2 to this Act.

(3)An order under this section may provide that, in such circumstances as may be specified in the order, animals which—

(a)are brought into Great Britain in such circumstances that they are not imported, within the meaning of this Act, and

(b)whilst outside Great Britain have been or may have been in contact with any of the things specified in paragraphs (a) to (c) of subsection (1),

shall be deemed for the purposes of this section and Schedule 2 to be imported at the time when they are brought into Great Britain.

(4)In this section and in Schedule 2 “animals” includes—

(a)any kind of mammal, except man,

(b)any kind of four-footed beast which is not a mammal, and

(c)fish, reptiles, crustaceans and other cold-blooded creatures not falling within paragraph (a) or paragraph (b) above,

and “disease” is not restricted by its definition in this Act.

(5)An order under this section which is expressed to be made for the purpose of preventing the introduction of rabies into Great Britain may include provision for the destruction, by such persons as may be prescribed by the order, of animals in respect of which the order or any licence granted under it is contravened.

(6)Every order made under this section shall be laid before both Houses of Parliament after being made.

(7)Paragraphs (a) and (b) of section 5(2) of the M1Customs and Excise Management Act 1979 (time of importation of goods brought by sea and air) [F1and [F2article 5(1) and (2)] of the Channel Tunnel (Customs and Excise) Order 1990] have effect for the purposes of this section and Schedule 2 as they have effect for the purposes of the customs and excise Acts.

(8)The landing of imported animals in Great Britain shall be effected in such manner, at such times and subject to such supervision as the Commissioners of Customs and Excise may direct.

Textual Amendments

F1Words inserted by S.I. 1990/2371, art. 2(1), Sch. 1

F2Words in s. 10(7) substituted (2.8.1993) by S.I. 1993/3237, arts. 1, 8(1), Sch. 5 Pt. 1 para.2.

Marginal Citations