The Poultry (Seizure of Hatching Eggs) Order 1990

Statutory Instruments

1990 No. 232

ANIMALS

ANIMAL HEALTH

The Poultry (Seizure of Hatching Eggs) Order 1990

Made

5th January 1990

Coming into force

19th February 1990

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 1, 35(1) and (1A), 36(5)(a) and 86(1) of the Animal Health Act 1981 (1)and of all other power enabling them in that behalf, hereby make the following Order:

Title and commencement

1.  This Order may be cited as the Poultry (Seizure of Hatching Eggs) Order 1990 and shall come into force on 19th February 1990. Interpretation

2.  In this Order, unless the context otherwise requires —

• “the Act” means the Animal Health Act 1981;

• “hatching eggs” means eggs of poultry intended for incubation;

• “inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister and includes a veterinary inspector;

• “poultry” means domestic fowls, turkeys, geese or ducks;

• “the Minister” means the Minister of Agriculture, Fisheries and Food;

• “veterinary inspector” means a veterinary inspector appointed by the Minister.

Seizure of hatching eggs

3.  For the purpose of preventing the spread of salmonella an inspector may seize, destroy or dispose of any hatching eggs.

Ascertainent of value of compensation

4.  For the purpose of determining the amount of compensation payable by the Minister under section 36(1)(b) of the Act for hatching eggs seized under this Order (being, in accordance with section 36(3) of the Act, their value at the time of seizure) the value of such eggs shall be ascertained in similar manner to that in which the value of an animal or bird slaughtered or liable to be slaughtered under the Act is to be ascert(ained under the Diseases of Animals (Ascertainment of Compensation) Order 1959 (2)and as if the references in that Order to an animal or bird included refrences to hatching eggs.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 2nd January 1990.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Sanderson of Bowden

Minister of State, Scottish Office

5th January 1990

Peter Walker

Secretary of State for Wales

3rd January 1990

Explanatory Note

(This note is not part of the Order)

This Order empowers an inspector of the Minister of Agriculture, Fisheries and Food to seize and dispose of any hatching eggs (the eggs of domestic fowls, turkeys, geese or ducks intended for incubation) in order to prevent the spread of salmonella (article 3).

Under the Animal Health Act 1981 compensation is payable by the Minister for hatching eggs seized under the Order, such compensation being their value at the time of seizure.

The Order provides that such value shall be ascertained in accordance with the pro(cedure contained in the Diseases of Animals (Ascertainment of Compensation) Order 1959 (S.I. 1959/1335) (article 4).

(1)

1981 c. 22, as applied by S.I. 1989/285; section 35(1) was amended by section 1(1) of the Animal Health and Welfare Act 1984, (c.40) and section 35(1A) was inserted by section 1(2) of that Act; section 86(1) contains a definition of “the Ministers” relevant to the exercise of the statutory powers under which this Order is made.

(2)

S.I. 1959/1335