Title application and commencement

1. This Order may be cited as the Foot-and-Mouth Disease (Amendment) (England) (No. 10) Order 2001; it applies in relation to England and shall come into force on 4th August 2001.

Amendment of the Foot-and-Mouth Disease Order 1983

2. —(1)The Foot-and-Mouth Disease Order 1983( 2 ) (in this Order referred to as the “1983 Order”), in so far as it applies in relation to England, shall be amended in accordance with the provisions of this Article.

(2) In article 18(1) the words “or the Minister” shall be added after “an inspector”.

(3) For article 29A(2) there shall be substituted the following paragraph—

“ (2) Nothing in paragraph (1) above shall make it unlawful for—

(a) the occupier of any land, or for the member of a shooting party consisting of not more than three persons who are members of the occupier’s household or persons employed by him as beaters, to shoot or attempt to shoot any game or other wildlife or any deer found on that land;

(b) a person to shoot or attempt to shoot grouse, pheasant or partridge under the authority of a licence issued by a veterinary inspector and subject to any conditions that may be specified therein; or

(c) a person to cull deer under the authority of a licence of the Minister and subject to any conditions that may be specified therein. ” .

(4) In article 31(1)(a) the words “or the Minister” shall be added after “an inspector”.

(5) For article 36(2) there shall be substituted the following paragraph—

“ (2) Nothing in paragraph (1) above shall make it unlawful for—

(a) the occupier of any land, or for a member of a shooting party consisting of not more than three persons who are authorised by the occupier or are members or his household or who are persons employed by him as beaters to shoot or attempt to shoot any deer found on that land; or

(b) a person to cull deer under the authority of a licence granted by an inspector and subject to any conditions set out therein. ” .

(6) For article 38 there shall be substituted the following article—

“ General powers of veterinary inspectors to take action to prevent the spread of disease

38. —(1) The powers conferred on a veterinary inspector by the following provisions of this article are without prejudice to any power conferred on an inspector by the foregoing provisions of this order.

(2) A veterinary inspector may, for the purpose of preventing the spread of disease, by notice in writing served on the occupier of any place—

(a) prohibit the movement of any person into, within or out of that place;

(b) prohibit the movement of any animal, poultry or thing into, within or out of that place;

(c) require the detention or isolation of any animals, poultry or things in that place or require animals or poultry to be kept separate from other animals or poultry;

(d) require the destruction, burial, disposal or treatment of any thing in that place;

(e) require the cleansing and disinfection of that place or of part of it or of any thing in that place or require any person to disinfect himself; or

(f) impose any other requirements with respect to that place or any animal, poultry or thing in that place,

in such manner and subject to such conditions as may be specified in the notice.

(3) A veterinary inspector may, for the purpose of preventing the spread of disease, by notice in writing served on the owner or person in charge of any animal, poultry or thing—

(a) prohibit or require the movement of any animal, poultry or thing;

(b) require the detention or isolation of any animals, poultry or things or require animals or poultry to be kept separate from other animals or poultry;

(c) require the destruction, burial, disposal or treatment of any thing;

(d) require the cleansing and disinfection of any thing or require any person to disinfect himself; or

(e) impose any other requirements with respect to any animal, poultry or thing,

in such manner and subject to such conditions as may be specified in the notice.

(4) If, by virtue of any notice served under paragraph (2) or (3) above, any cleansing or disinfection is required to be carried out, it shall, unless the notice otherwise requires, be carried out by and at the expense of the person on whom the notice is served.

(5) For the purposes of this article—

“animal” means any kind of four-footed beast;

“thing” includes any animal product, carcase, embryo, ovum, semen, poultry carcase, milk, milk product, fodder, litter, dung, straw, slurry, utensil, pen, hurdle, vehicle, equipment and clothing. ” .

(7) For article 46 there shall be substituted the following article—

“ 46. —(1) Subject to paragraph (2) below and subject as may otherwise be expressly provided, the provisions of this order shall be executed and enforced by the local authority.

(2) The Minister may direct, in relation to cases of a particular description, or in relation to a particular case, either that this order shall be executed and enforced by him and not the local authority or that this order shall be executed and enforced jointly by him and the local authority. ” .

Effect of amendments to Part III of the 1983 Order

3. The reference to the provisions of Part III of the 1983 Order in article 29D(1) shall be construed as a reference to that order as amended hereby.

Effect of certain licences issued before the date of this Order

4. Licences issued by the Minister before the coming into force of this Order to authorise the movement of animals from premises in an infected area or a controlled area shall have effect from the coming into force of this Order as if so issued under article 18 or, as the case may be, article 31 of the 1983 Order as amended hereby.