A person is guilty of an offence against this Act—
(a) who for the purpose of obtaining a licence, certificate or instrument makes a declaration or statement false in any material particular, or
(b) who obtains or endeavours to obtain a licence, certificate or instrument by means of a false pretence,
unless he shows to the court’s satisfaction that he did not know of that falsity, and that he could not with reasonable diligence have obtained knowledge of it.
A person is guilty of an offence against this Act, who, with intent unlawfully to evade this Act, or an order of the Minister, or a regulation of a local authority—
(a) alters, or falsely makes, or ante-dates, or counterfeits a licence, declaration, certificate or instrument made or issued, or purporting to be made or issued, under or for any purpose of this Act or such an order or regulation; or
(b) offers or utters such a licence, declaration, certificate or instrument knowing it to be altered, or falsely made, or ante-dated or counterfeited.
A person is guilty of an offence against this Act—
(a) who, with intent unlawfully to evade this Act, or an order of the Minister, or a regulation of a local authority, does anything for which a licence is requisite under this Act, or such an order or regulation, without having obtained a licence; or
(b) who, where a licence is so requisite, having obtained a licence, with the like intent does the thing licensed after the licence has expired; or
(c) who uses or offers or attempts to use as such a licence—
(i) an instrument not being a complete licence, or
(ii) an instrument untruly purporting or appearing to be a licence,
unless he shows to the court’s satisfaction that he did not know of that incompleteness or untruth, and that he could not with reasonable diligence have obtained knowledge of it.
(1) Despite anything in section 127(1) of the Magistrates’ Courts Act 1980 an information relating to an offence under this Act which is triable by a magistrates’ court in England and Wales may be so tried if it is laid at any time—
(a) within the period of three years starting with the date of the commission of the offence, and
(b) within the period of six months starting with the day on which evidence which the prosecutor thinks is sufficient to justify the proceedings comes to his knowledge.
(2) A certificate by the prosecutor as to the date on which such evidence came to his knowledge is conclusive evidence of that fact.
72 Offences made and declared by and under this Act.
A person is guilty of an offence against this Act who, without lawful authority or excuse, proof of which shall lie on him—
(a) does or omits anything the doing or omission of which is declared by this Act or by an order of the Minister to be an offence by that person against this Act; or
(b) does anything which by this Act or such an order is made or declared to be not lawful.
A person is guilty of an offence against this Act who, without lawful authority or excuse, proof of which shall lie on him—
(a) does anything in contravention of this Act, or of an order of the Minister, or of regulations made by the Scottish Ministers under this Act, or of a regulation of a local authority; or
(b) fails to give, produce, observe or do any notice, licence, rule or thing which by this Act or such an order or regulation he is required to give, produce, observe or do.
A person who—
(a) lands or ships or attempts to land or ship or brings or attempts to bring through the tunnel system as defined in the Channel Tunnel Act 1987 an animal or thing, and
(b) by so doing is in contravention of this Act or of an order of the Minister,
is liable under and according to the customs and excise Acts to the penalties imposed on persons importing or exporting or attempting to import or export goods the importation or exportation of which is prohibited.
This section is without prejudice to any proceeding under this Act against such a person for an offence against this Act.
(1) This section applies to any offence under this Act for which no penalty is specified.
(2) A person guilty of an offence to which this section applies is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
76 Certain importation offences triable either summarily or on indictment.
(1) Where—
(a) an offence against this Act which is declared to be such by an order under section 10 above, and
(b) that order is expressed to be made for the purpose of preventing the introduction of rabies into Great Britain,
that offence may be tried either summarily or on indictment.
(2) For an offence triable under subsection (1) above a person shall be liable—
(a) on summary conviction to a fine not exceeding the statutory maximum;
(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 12 months or to both.
(3) Where an order under section 10 declares that this subsection applies to an offence which consists of—
(a) a contravention of, or failure to comply with, any provision of that order, or
(b) a failure to observe any conditions to which a licence issued in accordance with that order is subject,
that offence may be tried either summarily or on indictment, and a person convicted of such an offence shall be liable as provided in paragraphs (a) and (b) of subsection (2) above.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The Scottish Ministers may by regulations make provision for or in connection with the issuing of fixed penalty notices in relation to certain offences.
(2) The offences in relation to which fixed penalty notices may be issued must be specified in or by virtue of regulations under subsection (1).
(3) The offences which may be specified are offences—
(a) under—
(i) this Act,
(ii) orders or regulations made under this Act (whether made before, on or after the coming into force of this section),
(iii) the Bees Act 1980,
(iv) orders made under the Bees Act 1980 (whether made before, on or after the coming into force of this section), or
(v) another enactment (whether made or, as the case may be, passed before, on or after the coming into force of this section) which the Scottish Ministers consider relates to animal health, and
(b) in relation to which the maximum penalty on conviction does not exceed imprisonment for a term of 6 months or a fine of level 5 on the standard scale (or both).
(4) Regulations under subsection (1) may in particular include provision—
(a) subject to subsections (6) and (7), prescribing the form of a fixed penalty notice,
(b) prescribing the persons or categories of persons who are authorised to issue fixed penalty notices,
(c) conferring on the Scottish Ministers the power to authorise a person to issue fixed penalty notices,
(d) conferring powers to enter premises (other than dwelling-houses) in connection with the issuing of fixed penalty notices,
(e) about the circumstances in which fixed penalty notices may be issued (including the test which must be satisfied before a person authorised to issue such notices may do so),
(f) about the circumstances in which fixed penalty notices may not be issued,
(g) about the circumstances in which fixed penalty notices may be withdrawn (including the effects of such withdrawal),
(h) prescribing the amount of the fixed penalty which is to apply to an offence, being not more than level 5 on the standard scale,
(i) prescribing the person to whom payment may be made (who need not be the person who issued the fixed penalty notice),
(j) prescribing the period of time within which a fixed penalty may be paid (in this section, the “payment period”),
(k) about the circumstances in which a person to whom a fixed penalty notice is issued may decline the notice or otherwise object to or challenge it (including the period within which the person may do so),
(l) about the effects of failing to decline or otherwise object to or challenge a fixed penalty notice before the end of the period prescribed for doing so (including that such failure is deemed to be acceptance of the notice),
(m) conferring on the person who issued the fixed penalty notice or the person to whom payment may be made the power to extend the payment period in any particular case if the person considers it appropriate to do so,
(n) about the methods by which fixed penalties may be paid,
(o) for the amount of a fixed penalty to be discounted or increased by an amount or percentage in circumstances prescribed by the regulations (but not so as to make the amount payable more than level 5 on the standard scale),
(p) prescribing the effect of paying a fixed penalty within the payment period (for example, that no proceedings may be brought in respect of the offence to which the fixed penalty notice relates),
(q) about the consequences of not paying a fixed penalty within the payment period (including how liability to pay the penalty may be enforced),
(r) for additional procedure relating to fixed penalty notices (for example to make provision for hearings or appeals),
(s) for the destination of funds, the keeping of accounts and the preparation and publication of statements of account relating to fixed penalties provided for under the regulations,
(t) creating offences relating to—
(i) obstruction of a person who is exercising functions in relation to fixed penalty notices,
(ii) a failure to provide information requested in connection with a fixed penalty notice.
(5) The maximum penalty that may be provided for in regulations under subsection (1) creating an offence is, on summary conviction, a fine not exceeding level 5 on the standard scale.
(6) A fixed penalty notice provided for in regulations under subsection (1) must—
(a) identify the offence to which it relates, and
(b) specify reasonable particulars of the circumstances alleged to constitute the offence.
(7) A fixed penalty notice provided for in regulations under subsection (1) must also state—
(a) the date on which the fixed penalty notice is issued,
(b) the amount of the fixed penalty,
(c) the person to whom payment may be made and the person's address,
(d) the payment period,
(e) the method by which payment may be made,
(f) the effect of paying the fixed penalty within the payment period and the consequences of not paying the fixed penalty within that period,
(g) details of any procedure for challenging or appealing the fixed penalty notice.
(8) In this section—
“animal” includes bees in any stage of their life cycle,
“enactment” includes an Act of the Scottish Parliament and an instrument under such an Act,
“fixed penalty notice” means a notice specifying a sum of money that may or must be paid as an alternative to prosecution for an offence.
(9) Regulations under this section—
(a) are subject to the affirmative procedure,
(b) may make—
(i) incidental, supplementary, consequential, transitional, transitory or saving provision,
(ii) different provision for different purposes,
(c) may modify any enactment (including this Act).
Any money by this Act or an order of the Minister made recoverable summarily may be so recovered as a civil debt, and in England and Wales this shall be in accordance with the Magistrates’ Courts Act 1980.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If any person thinks himself aggrieved—
(a) by the dismissal of a complaint by, or
(b) by any determination or adjudication of,
a magistrates’ court in England or Wales under this Act, he may appeal to the Crown Court.
Nothing in this section applies in relation to an offence punishable under section 4 above.
(1) In any proceeding under this Act no proof shall be required of the appointment or handwriting of an inspector or other officer of the Minister or of the clerk or an inspector or other officer of a local authority.
(2) Where the owner or person in charge of an animal , bird or amphibian is charged with an offence against this Act relative to disease or to any illness of the animal , bird or amphibian , he shall be presumed to have known of the existence of the disease or illness unless and until he shows to the court’s satisfaction that—
(a) he had not knowledge of the existence of that disease or illness, and
(b) he could not with reasonable diligence have obtained that knowledge.
(2A) In subsection (2)—
“ animal ” means any kind of mammal (except man);
“disease” is not restricted by its definition in this Act.
(3) Where a person—
(a) is charged with an offence against this Act in not having duly cleansed or disinfected any place, vessel, aircraft, vehicle or thing belonging to him or under his charge, and
(b) a presumption against him on the part of the prosecution is raised,
it shall lie on him to prove the due cleansing and disinfection mentioned in paragraph (a).
(4) Every offence against this Act shall be deemed to have been committed, and every cause of complaint or matter for summary proceeding under this Act or an order of the Minister or regulations made by the Scottish Ministers under this Act or regulation of a local authority shall be deemed to have arisen, either in any place—
(a) where it actually was committed or arose; or
(b) where the person charged or complained of or proceeded against happens to be at the time of the institution or commencement of the charge, complaint or proceeding.
(5) Nothing in subsections (2) to (4) above applies in relation to an offence under section 4 above.
(1) The Ministers shall make and lay before both Houses of Parliament not later than 31st March a yearly return stating the proceedings and expenditure under this Act of the Ministers, and, as far as reasonably may be, of all local authorities, in the year ending the previous 31st December.
(2) The return shall also—
(a) show the number of imported animals landed and found diseased in that year, specifying separately the different kinds of disease, and the ports and aerodromes of exportation and landing, and the mode of disposal of the animals; and
(b) contain such other information respecting the operation of this Act as the Ministers think fit.
Every local authority and their inspectors and officers shall give to the appropriate Minister such notices, reports, returns and information as he requires.
82 Information from Agricultural Marketing Boards.
Every board administering a scheme under the Agricultural Marketing Act 1958 shall give to the appropriate Minister such information as he may reasonably require for the purposes of his functions under this Act.
(1) Every notice under this Act or under any order or regulation made under this Act must be in writing.
(2) The Ministers may make such orders as they think fit for prescribing and regulating the form and mode of service or delivery of notices and other instruments.
(3) Any notice or other instrument under this Act or under an order of the Minister or a regulation of a local authority may be served on the person to be affected by it, either—
(a) by its delivery to him personally; or
(b) by the leaving of it for him at his last known place of abode or business; or
(c) by the sending of it through the post in a letter addressed to him at his last known place of abode or business.
(4) A notice or other instrument—
(a) to be served on the occupier of any building, land or place, may, except when sent by post, be addressed to him by the designation of the occupier of that building, land or place, without naming or further describing him; and
(b) where it is to be served on the several occupiers of several buildings, lands or places, may, except when sent by post, be addressed to them collectively by the designation of the occupiers of those several buildings, lands or places, without further naming or describing them, but separate copies of it being served on them severally.
(1) Any requirement in the provisions mentioned in subsection (3) for something to be done in writing may be met by doing that thing as described in subsection (2).
(2) That is, by using a document—
(a) transmitted by electronic means; and
(b) capable of being reproduced in legible form.
(3) Those provisions are—
(a) sections 3(2), 30(1), 36Q(1) and (6), ... 60(9), 63(4) and 65(1) of, and paragraph 2(4) of Schedule 3 to, this Act;
(b) sections 17(3), 22(7)(a), 62G(5) and 81 (each as read with section 83(1)) of this Act.
(4) But subsection (1) applies in relation to section 17(3), 22(7)(a), 30(1), 36Q(1) or (6) or 62G(5) only if—
(a) the recipient has consented to receive electronic communication for the purpose; and
(b) transmission is to an email address provided by the recipient.
(5) For the purposes of sections 17(3), 22(7)(a), 30(1) and 36Q(1), a document transmitted under subsection (1) shall be taken to be received on the day after the day of its transmission.
(6) The Scottish Ministers may, for the purposes of this Act, by order make further provision for the purposes of or in connection with—
(a) using electronic communication (including the use of electronic signatures);
(b) using documents in electronic form.
(7) An order under subsection (6)—
(a) may make provision by amending this Act or otherwise;
(b) shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
(8) In this section—
“electronic communication” is to be construed in accordance with section 15(1) of the Electronic Communications Act 2000 (c. 7);
“electronic signature” is to be construed in accordance with section 7(2) of that Act.
(1) The Ministers may by order made with the Treasury’s approval prescribe fees to be paid with respect to such business transacted or to be transacted under this Act as may be specified in the Order.
A Statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of the Commons House of Parliament.
(2) Where—
(a) an order under subsection (1) above provides for the payment of a fee before the transaction of the business with respect to which it is payable, and
(b) the business is not transacted or not wholly transacted,
the Minister to whom the fee was paid may, if he thinks fit, repay the whole or part of the fee.
(3) Where—
(a) an order under subsection (1) provides for any fee to be paid on the making of an application in a case where previously a fee was payable only if the application was granted, then,
(b) as respects anything done in pursuance of an application made before the coming into operation of the order, the same fee shall be payable as before the coming into operation of the order and shall be so payable at the time at which it would then have been payable.
No stamp duty shall be payable on any appointment, certificate, declaration, licence or thing under this Act, or an order of the Minister, or a regulation of a local authority.
(1) In this Act—
(a) “the Minister” means, in relation to the whole of Great Britain, the Minister of Agriculture, Fisheries and Food, and “Ministry” shall be construed accordingly,
(b) “the appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or to Wales, the Secretary of State,
(c) “the Ministers” means, in relation to the whole of Great Britain, the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly,
but in the case of any function under the following provisions of this Act—
(i) section 21, so far as it is applicable in relation to brucellosis, tuberculosis, dourine or infestation with maggot of the warble fly,
(ii) any other provision so far as it is applica ble in relation to brucellosis, brucellosis melitensis, tuberculosis or infestation of cattle with the maggot of the warble fly,
that function, notwithstanding that it is expressed to be exercisable by the Minister or the Ministers, shall be exercisable only by the appropriate Minister.
(2) The powers and duties conferred and imposed by this Act on the Minister shall be executed and discharged by . . . this Act.
(1) In this Act, unless the context otherwise requires, “animals” means—
(a) cattle, sheep and goats, and
(b) all other ruminating animals and swine,
subject to subsections (2) and (3) below.
(2) The Ministers may by order for all or any of the purposes of this Act extend the definition of “animals” in subsection (1) above so that it shall for those or any of those purposes comprise—
(a) any kind of mammal except man; and
(b) any kind of four-footed beast which is not a mammal.
(3) The Ministers may by order for all or any of the purposes of this Act (except so far as it relates to disease) extend the definition of “animals” in subsection (1) so that it shall for those or any of those purposes comprise—
(a) fish, reptiles, crustaceans, or
(b) other cold-blooded creatures of any species,
not being creatures in respect of which an order can be made under subsection (2) above.
(4) In this Act, subject to subsection (5) below and unless the context otherwise requires, “poultry” means birds of the following species—
(a) domestic fowls, turkeys, geese, ducks, guinea-fowls and pigeons, and
(b) pheasants and partridges,
and subject to the provisions mentioned below, this Act has effect in relation to poultry as it has effect in relation to animals.
The provisions of this Act referred to above are sections 15(5), 32(4), and 63(9).
(5) The Ministers may by order for all or any of the purposes of this Act, in so far as it applies to poultry—
(a) extend the definition of “poultry” in subsection (4) above so that it shall for those or any of those purposes comprise any other species of bird; or
(b) restrict that definition so that it shall for those or any of those purposes exclude any of the species of bird mentioned in paragraph (b) of subsection (4).
(1) In this Act, unless the context otherwise requires, “disease” means cattle plague, pleuro-pneumonia, foot-and-mouth disease, sheep-pox, sheep scab, or swine fever, subject to subsection (2) below.
(2) The Ministers may by order for all or any of the purposes of this Act extend the definition of “disease” in subsection (1) above so that it shall for those or any of those purposes comprise any other disease of animals.
(3) In this Act, in so far as it applies to poultry, and unless the context otherwise requires, “disease” means—
(a) fowl pest in any of its forms, including Newcastle disease and fowl plague; and
(b) fowl cholera, infectious bronchitis, infectious laryngotracheitis, pullorum disease, fowl typhoid, fowl pox and fowl paralysis,
subject to subsection (4) below.
(4) The Ministers may by order for all or any of the purposes of this Act—
(a) extend the definition of “disease” in subsection (3) above so that it shall for those or any of those purposes comprise any other disease of birds; or
(b) restrict that definition so that it shall for those or any of those purposes exclude any of the diseases mentioned in paragraph (b) of subsection (3).
(1) In this Act, unless the context otherwise requires—
“aerodrome” means any area of land or water designed, equipped, set apart or commonly used for affording facilities for the landing and departure of aircraft;
“carcase” means the carcase of an animal and includes part of a carcase, and the meat, bones, hide, skin, hooves, offal or other part of an animal, separately or otherwise, or any portion thereof;
“cattle” means bulls, cows, steers, heifers, and calves;
“cattle plague” means rinderpest or the disease commonly called cattle plague;
“the customs and excise Acts” has the meaning given by the Customs and Excise Management Act 1979;
“diseased” means affected with disease;
“district”, when used with reference to a local authority, means the area for which the local authority exercises powers under this Act;
“export quarantine station” has the meaning given by section 12(1) above;
“fodder” means hay or other substance commonly used for food of animals;
“horse” includes ass and mule;
“imported” means brought to Great Britain from a country out of Great Britain;
“inspector” means a person appointed to be an inspector for the purposes of this Act by the Minister or by a local authority, and, when used in relation to an officer of the Ministry, includes a veterinary inspector;
“justice” means justice of the peace;
“litter” means straw or other substance commonly used for bedding or otherwise for or about animals;
“local authority” has the meaning given by section 50 above;
“order of the Minister” means an order under this Act of the Minister, the appropriate Minister, or the Ministers, as the case may be;
“pleuro-pneumonia” means contagious pleuro-pneumonia of cattle;
“pony” means any horse not more than 147 centimetres in height, except a foal travelling with its dam if the dam is over 147 centimetres;
“suspected” means suspected of being diseased;
“swine-fever” means the disease known as typhoid fever of swine, soldier purples, red disease, hog cholera or swine-plague;
“veterinary inspector” means a veterinary inspector appointed by the Minister.
(2) In the computation of time for the purposes of this Act, a period reckoned by days from the happening of an event or the doing of an act or thing shall be deemed to be exclusive of the day on which the event happened or the act or thing is done.
The enactments and instruments with respect to which provision may be made by Order in Council in pursuance of section 1(1)(h) of the Hovercraft Act 1968 include this Act and any instrument made or having effect as if made under it.
This section is without prejudice to section 17 of the Interpretation Act 1978 (repeal and re-enactment).
(1) The Minister, the appropriate Minister or the Ministers, as the case may be, shall publish in the London Gazette and the Edinburgh Gazette a notice of any order of the Minister stating—
(a) that the order has been made; and
(b) where copies of the order may be obtained.
(2) Every local authority shall at their own expense publish every order of the Minister, and every licence or other instrument sent to them by the Minister, the appropriate Minister, or the Ministers—
(a) in such manner as he or they shall direct; and
(b) subject to and in the absence of any direction, by advertisement in a newspaper circulating in the district of the local authority.
(3) The validity or effect of an order of the Minister, or licence or other instrument issued by the Minister, the appropriate Minister or the Ministers shall not be affected by want of or defect or irregularity in its publication.
(4) Subsections (1) to (3) above do not apply to an order made under section 32 above.
(5) A power conferred by this Act to make an order of the Minister, other than by—
(a) section 14(2),
(b) section 59(1),
shall be exercisable by statutory instrument.
(6) An order of the Minister made under either of the provisions referred to in paragraphs (a) and (b) of subsection (5) above may be altered or revoked by a subsequent order made in the like manner and subject to the like conditions, but section 14(b) of the Interpretation Act 1978 shall not apply to an order made by the Ministers under section 34(7) above providing that section 34(6) shall cease to have effect.
(1) The provisions of this section have effect for the purposes of the application of this Act to Scotland.
(2) An offence against this Act may be prosecuted in the district court, and, when so prosecuted, the provisions in relation to sentences contained in section 7(6) of the Criminal Procedure (Scotland) Act 1995 shall apply to such a prosecution as they apply to prosecutions of common law offences.
(3) In the event of refusal or delay on the part of any person in complying with the order of a local authority, the local authority may give information of the refusal or delay to the procurator-fiscal of the district, who may apply to the sheriff for a warrant to carry such order into effect, and such warrant may be executed by the officers of the court in common form.
(4) Notwithstanding anything in any other Act, and except in relation to section 4 above, such part not exceeding one half of every fine recovered under this Act as the court before which it is recovered thinks fit shall be paid to the person who proceeds for it.
(5) Nothing in subsections (3) and (4) above applies to proceedings under the customs and excise Acts.
(6) Notwithstanding the repeal by this Act of section 17 of the Diseases of Animals Act 1935, Part I of the Ministry of Agriculture and Fisheries Act 1919 shall be deemed always to have extended to Scotland.
In order to secure uniformity of action—
(a) every order of the Minister shall with all practicable speed be communicated to the Department of Agriculture for Northern Ireland; and
(b) every order made by that Department under the enactments in Northern Ireland relating to diseases of animals shall with all practicable speed be communicated to the Minister.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) For the purpose of determining the punishment which may be imposed on a person in respect of the commission by him of an offence under any provision of this Act, an offence committed by that person under the corresponding enactment repealed by this Act shall be deemed to have been committed under that provision.
(1) Any order made or having effect as if made—
(a) under any provision of sections 24 to 33 of the Diseases of Animals Act 1950,
(b) before the coming into operation of section 1 of the Diseases of Animals Act 1975,
continues in operation as if that section had not come into operation, except that it may be varied or revoked as if it had been made under section 10 above.
(2) In the case of an order made or having effect as if made—
(a) partly under any provision of those sections of that Act of 1950, and
(b) partly under any other enactment (whether or not contained in that Act),
subsection (1) above has effect to the extent that the order was made or had effect as if made under any of those sections.
(3) TheConveyance of Live Poultry Order 1919, made under the Poultry Act 1911, has effect as if it had been made under sections 7(2), 37(1) and 64(2) above.
(4) Without prejudice to section 17 of the Interpretation Act 1978 (repeal and re-enactment), the power conferred by virtue of sections 135(2) and 136(3) of the Medicines Act 1968 to bring into operation Schedule 6 to that Act (enactments of Parliament of United Kingdom repealed) has effect as if that Schedule included references to section 5(2) above and Schedule 1 to this Act.
(5) Any officer or servant employed by the Minister for the purpose of the execution of the enactments relating to diseases of animals who was appointed before the commencement of Part IV of the Agriculture Act 1937 (1st April 1938) shall be deemed to have been appointed under section 5 of the Board of Agriculture Act 1889.
(6) Nothing in this Act affects sections 40(2) and 42(2) of the Northern Ireland Constitution Act 1973 as those subsections have effect in relation to section 88 of the Diseases of Animals Act 1950.
(7) In so far as any provision of—
(a) paragraph (a) of section 35(4) above,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) paragraph (c) of section 75(1) above, and
(d) section 89(1) above,
specifies an amount expressed in metric units which is derived from the exercise of the power to make regulations under section 7 of the Agriculture (Miscellaneous Provisions) Act 1976 that provision may be varied as if it were contained in regulations so made.
(1) The enactments specified in Schedule 5 to this Act have effect subject to the amendments specified in that Schedule being amendments consequential on the provisions of this Act.
(2) The enactments specified in Schedule 6 to this Act (which include certain obsolete or unnecessary enactments) are repealed to the extent specified in the third column of that Schedule.
(1) This Act may be cited as the Animal Health Act 1981.
(2) Sections 93 and 95(6) above apply to Northern Ireland, and Schedule 6 to this Act, so far as it repeals provisions of the Diseases of Animals Act 1950 which applied to Northern Ireland, but apart from those provisions this Act does not extend to Northern Ireland.
(3) This Act shall come into force on the expiry of the period of one month beginning on the date of its passing.
SCHEDULE 1 Regulation of Manufacture of and Other Matters Connected with Veterinary Therapeutic Substances
Section 5(2).
Substances to which this Schedule applies
1 (1) Subject to the provisions of sub-paragraph (2) below, this Schedule applies—
(a) to the therapeutic substances specified in paragraph 5 below; and
(b) to any other therapeutic substances capable of being used for veterinary purposes which may from time to time be added to that paragraph as being substances the purity or potency of which cannot be adequately tested by chemical means.
(2) In the case of any substance mentioned in sub-paragraph (1) above which is a substance to which the Therapeutic Substances Act 1956 applies, this Schedule applies to that substance in so far only as the substance is excluded from the operation of that Act, as being intended to be used solely for veterinary purposes, by regulations made under that Act.
Power to make orders as to substances to which this Schedule applies
2 (1) The Ministers may make orders for the following purposes—
(a) for adding to paragraph 5 below any therapeutic substance capable of being used for veterinary purposes, the purity or potency of which cannot be adequately tested by chemical means;
(b) for prohibiting, except under a licence for the purpose issued by the appropriate Minister and in accordance with any conditions subject to which the licence is issued, the manufacture for sale or the importation into Great Britain of any such substance to which this Schedule applies as may be specified in the order;
(c) for prescribing the standard of strength, quality and purity of any substance in respect of which an order made for the purpose last mentioned is in force;
(d) for prescribing the tests to be used for determining whether the standard prescribed as mentioned above has been attained;
(e) for prescribing units of standardisation;
(f) for prescribing the form of licences and of applications for them, and of notices to be given in connection with them;
(g) for prescribing the conditions subject to which licences may be issued, including, in the case of a licence to manufacture conditions that the manufacture shall be carried on only upon the premises specified in the licence and that the licensee shall allow any inspector authorised by the Minister in that behalf to enter any premises where the manufacture is carried on, and to inspect the premises and plant and the process of manufacture and the means employed for standardising and testing the manufactured substance and to take samples of it;
(h) for prescribing any other matter which under this Schedule is to be prescribed.
(2) The Ministers may make orders as respects any such substance to which this Schedule applies as may be specified in the order—
(a) requiring that, if advertised or sold as a proprietary medicine or contained in such medicine, such accepted scientific name or name descriptive of the true nature or origin of the substance as may be prescribed shall appear on the label;
(b) requiring that the date of the manufacture shall be stated in the prescribed manner on all vessels or other packages in which the substance is sold or offered for sale, and prohibiting the sale of the substance after the expiry of the prescribed period from the date of manufacture;
(c) prohibiting the sale or the offering for sale or the importation of the substance otherwise than in a vessel or other container of such character as may be prescribed, and requiring that the prescribed label or other description shall be affixed to such vessel or container.
Licences to manufacture
3 (1) The following provisions shall have effect with respect to licences to manufacture for sale a substance the manufacture of which otherwise than under a licence is prohibited by an order—
(a) the licence shall be issued subject to such conditions as may be prescribed, may extend to all such substances or to such one or more of them as may be specified in the licence, shall continue in force for such period as may be prescribed, but may from time to time be renewed for a like period;
(b) an applicant for a licence or the renewal of a licence must satisfy the appropriate Minister that the conditions under which the substance is to be manufactured by him and the premises in which it is to be manufactured are such as to comply with any order in force for the purposes of paragraph 2 above, and an applicant who so satisfies the appropriate Minister shall be entitled to the grant or renewal of the licence;
(c) the appropriate Minister may revoke a licence or suspend it for such period as he thinks fit, if in his opinion the licensee has failed to comply with the conditions subject to which the licence was issued or with any such order as is mentioned above as to the prescribed standards of strength, quality and purity, and such revocation or suspension may apply to all the substances to which the licence extends or to some one or more of them.
(2) A person who is aggrieved by the revocation or suspension of his licence may, subject to rules of court, appeal to the court, whose decision shall be final.
(3) Nothing in any order prohibiting or regulating the manufacture for sale of any substance to which this Schedule applies shall apply to the preparation by a registered veterinary surgeon or practitioner—
(a) for the treatment of any animal under his care, or
(b) for and at the request of another such surgeon or practitioner,
of any such substance, if it is specially prepared with reference to the condition and for the treatment of an individual animal or bird.
(4) In this paragraph—
“the court” means, as respects England and Wales, the High Court and, as respects Scotland, the Court of Session, and
“registered” means, in relation to a veterinary surgeon, registered in pursuance of the Veterinary Surgeons Act 1966 in the register of veterinary surgeons and, in relation to a veterinary practitioner registered in pursuance of that Act in the Supplementary Veterinary Register.
Licences to import
4 The issue of a licence to import a substance the importation of which otherwise than under a licence is prohibited by an order shall be subject to such conditions, including conditions as to the strength, quality and purity of the substance and as to the suspension or revocation of the licence, as may be prescribed.
Therapeutic substances to which this Schedule applies
5 The therapeutic substances mentioned in paragraph 1(1)(a) above are—
(1) The substances commonly known as vaccines, sera, toxins, antitoxins and antigens.
(2) The substance commonly known as salvarsan (Dioxydiamino-arseno-benzol-di-hydrochloride), and analogous substances used for the specific treatment of infective disease.
(3) Extract of the pituitary body.
Offences under this Schedule
6 A person who—
(a) contravenes or fails to comply with any condition subject to which any such licence as is mentioned in this Schedule is issued,
(b) sells or offers for sale or has in his possession for sale any substance to which this Schedule applies knowing it to have been manufactured or imported in contravention of an order in force for any of the purposes of paragraph 2 above,
(c) contravenes or fails to comply with the provisions of any such order as is mentioned above,
is liable on summary conviction to a fine not exceeding level 3 on the standard scale or in the case of a second or subsequent conviction, to such a fine or to imprisonment for a term not exceeding 2 months, and in either case to forfeit any goods in connection with which the offence was committed, and without prejudice, if the offender is the holder of a licence, to the power of the appropriate Minister to revoke or suspend the licence.
SCHEDULE 2 Specific Matters with Respect to Which Provision may be made in Orders Under Section 10
Section 10.
1 The conditions to be observed before, during and after importation.
2 Exemptions from provisions of the order by means of licences, whether general or specific and whether conditional or unconditional, issued in accordance with the order.
3 The prohibition of the importation of animals or other things save at such ports, aerodromes and other places of entry as may be designated.
4 Landing and quarantine of animals and other things.
4A The premises at which animals and other things are to be kept in quarantine in pursuance of the order and the welfare of the animals kept in such premises.
5 Seizure, detention and treatment of animals and other things.
6 Slaughter of animals and destruction of other things.
7 Cleansing and disinfection.
8 Marking, testing and use of animals and other things.
9 Movement of persons and of animals and other things.
10 Recovery of costs.
11 Inspection.
12 Entitlement to compensation and the determination, subject to the Treasury’s approval, of the amount of compensation payable in any case.
SCHEDULE 3 Power to Slaughter in Relation to Certain Diseases
Section 31.
Cattle plague
1 (1) The Minister shall cause to be slaughtered all animals affected with cattle plague.
(2) Where an animal is or has been in the same shed, stable, herd or flock as, or in contact with, an animal affected with cattle plague, the Minister may, if he is satisfied that the slaughter of the animal is necessary for preventing the spreading of cattle plague, cause the animal to be slaughtered.
(3) The Minister may, if he thinks fit, in any case cause to be slaughtered—
(a) any animals suspected of being affected with cattle plague, or being in a place infected with cattle plague;
(b) any animals being in such parts of an area infected with cattle plague as are not comprised in a place infected with cattle plague (but in this last-mentioned case subject to such regulations as the Treasury by statutory instrument think fit to make).
(4) The Minister shall for animals slaughtered under this paragraph pay compensation as follows—
(a) where the animal slaughtered was affected with cattle plague, the compensation shall be one half of its value immediately before it became so affected, but so that the compensation does not in any such case exceed £20; and
(b) in every other case the compensation shall be the value of the animal immediately before it was slaughtered, but so that the compensation does not in any case exceed £40.
Pleuro-pneumonia
2 (1) The Minister shall cause to be slaughtered all cattle affected with pleuro-pneumonia.
(2) The Minister may, if he thinks fit, in any case cause to be slaughtered—
(a) any cattle suspected of being affected with pleuro-pneumonia; and
(b) any cattle which are or which have been in the same field, shed, or other place, or in the same herd or otherwise in contact with cattle affected with pleuro-pneumonia, or which appear to the Minister to have been in any way exposed to the infection of pleuro-pneumonia.
(3) The Minister shall for cattle slaughtered under this paragraph pay compensation as follows—
(a) where the animal slaughtered was affected with pleuro-pneumonia, the compensation shall be three-fourths of the value of the animal immediately before it became so affected, but so that the compensation does not in any such case exceed £30; and
(b) in every other case the compensation shall be the value of the animal immediately before it was slaughtered, but so that the compensation does not in any case exceed £40.
(4) Where the Minister has decided that any head of cattle is to be slaughtered under this paragraph, the Minister shall, if the owner of such head of cattle by notice in writing so requires cause the same to be slaughtered within 21 days after the receipt of the notice.
Foot-and-mouth disease
2A. (1) This paragraph applies to any premises which are declared by the relevant authority to be infected premises under any provision which gives effect in relation to England or Wales to Council Directive 2003/85/ EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease .
(2) Subject to sub-paragraphs (3) and (5), the relevant authority must cause to be slaughtered all susceptible animals kept on the premises.
(3) The relevant authority may decide not to slaughter susceptible animals kept in—
(a) a laboratory, zoo, wildlife park or other premises where animals are kept principally for the purposes of display and education of the public, or an enclosed area principally used for shooting; or
(b) premises not falling within (a) of a body, institute or centre which—
(i) keeps animals only for the purposes of conservation, display and education of the public, or scientific research or breeding of such animals for research, and
(ii) is approved by the relevant authority in relation to those animals in accordance with any provision which gives effect in relation to England or Wales to Article 13(2) of Council Directive 92/65/ EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Directive 90/425/ EEC ; or
(c) other premises where susceptible animals are kept for scientific purposes or purposes related to conservation of species or farm animal genetic resources.
(4) Before considering a decision not to slaughter susceptible animals under sub-paragraph (3), the relevant authority must be satisfied that—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) adequate measures are in place to prevent any risk of spreading foot-and-mouth disease virus.
(5) If the premises consist of two or more separate production units (by virtue of a declaration under sub-paragraph (6)), the relevant authority may decide not to slaughter susceptible animals kept on free units of those premises.
(6) The relevant authority may by notice served on the occupier declare in respect of any premises that those premises are to be regarded as two or more separate production units.
(7) A declaration under sub-paragraph (6) shall not be made unless the Chief Veterinary Officer has advised the relevant authority at the time of a veterinary inquiry into the premises that in her opinion—
(a) the structure, including the administration, and size of the premises allow in each separate unit for a complete separation of housing and keeping (including air space) for their susceptible animals;
(b) the operations on each separate unit, and in particular stable and pasture management, milking, feeding, and removal of dung or manure are completely separated and carried out by different personnel;
(c) the machinery, non-susceptible working animals, equipment, installations, instruments and disinfection facilities used in each separate unit are completely separate; and
(d) each of paragraphs (a)-(c) has applied continuously for at least—
(i) 28 days immediately prior to the earliest date on which the premises were infected with foot-and-mouth disease, if only bovine animals or swine have been kept on the premises within that period, or
(ii) 42 days immediately prior to that date, in any other case.
(8) A declaration under sub-paragraph (6) shall identify, and designate the boundaries of, each separate unit and shall declare every separate unit which is free of disease to be a free unit.
(9) A unit shall cease to be a free unit if the relevant authority serves a notice on the occupier—
(a) varying the declaration in respect of it under sub-paragraph (6) such that it is no longer declared to be a free unit; or
(b) revoking that declaration.
(10) The relevant authority shall for animals slaughtered under this paragraph pay compensation as follows—
(a) where the animal slaughtered was affected with foot-and-mouth disease the compensation shall be the value of the animal immediately before it became so affected;
(b) in every other case the compensation shall be the value of the animal immediately before it was slaughtered.
(11) In this paragraph—
“Chief Veterinary Officer” means the Chief Veterinary Officer appointed by the relevant authority;
“relevant authority” means—
in relation to premises in England, the Secretary of State,
in relation to premises in Wales, the National Assembly for Wales, and
in relation to premises which are situated partly in England and partly in Wales, either the Secretary of State or the National Assembly for Wales, as they agree between them (or, in the absence of agreement, the Secretary of State);
“susceptible animal” means a cow, sheep, goat, deer, camel, llama, alpaca, guanaco, vicuna, any other ruminant or any swine (that is, a member of the suborder Suina of the order Artiodactyla ).
3 (1) The Minister may, if he thinks fit, in any casealso cause to be slaughtered—
(a) any animals affected with foot-and-mouth disease, or suspected of being so affected and;
(b) any animals which are or have been in the same field, shed, or other place, or in the same herd or flock, or otherwise in contact with animals affected with foot-and-mouth disease, or which appear to the Minister to have been in any way exposed to the infection of foot-and-mouth disease.
(c) any animals the Secretary of State thinks should be slaughtered with a view to preventing the spread of foot-and-mouth disease.
(1A) The Secretary of State may exercise the power under sub-paragraph (1)(c) whether or not animals—
(a) are affected with foot-and-mouth disease or suspected of being so affected;
(b) are or have been in contact with animals so affected;
(c) have been exposed to the infection of foot-and-mouth disease;
(d) have been treated with vaccine against foot-and-mouth disease.
(2) The Minister shall for animals slaughtered under this paragraph pay compensation as follows—
(a) where the animal slaughtered was affected with foot-and-mouth disease the compensation shall be the value of the animal immediately before it became so affected;
(b) in every other case the compensation shall be the value of the animal immediately before it was slaughtered.
Swine-fever
4 (1) The Minister may, if he thinks fit, in any case cause to be slaughtered—
(a) any swine affected with swine-fever, or suspected of being so affected; and
(b) any swine which are or have been in the same field, pig-sty, shed, or other place, or in the same herd, or otherwise in contact with swine affected with swine-fever, or which appear to the Minister to have been in any way exposed to the infection of swine-fever.
(2) The Minister shall for animals slaughtered under this paragraph pay compensation as follows—
(a) where the animal slaughtered was affected with swine-fever, the compensation shall be one half of the value of the animal immediately before it became so affected;
(b) in every other case the compensation shall be the value of the animal immediately before it was slaughtered.
Diseases of poultry
5 (1) The Minister may, if he thinks fit, cause to be slaughtered—
(a) any diseased or suspected poultry; or
(b) any poultry which are or have been in the same field, pen, shed or other place as, or otherwise in contact with, diseased poultry or which appear to the Minister to have been in any way exposed to the infection of disease.
(c) any poultry the Secretary of State thinks should be slaughtered with a view to preventing the spread of avian influenza or Newcastle disease.
(1A) The Secretary of State may exercise the power under sub-paragraph (1)(c) whether or not poultry–
(a) are affected with avian influenza or Newcastle disease or suspected of being so affected;
(b) are or have been in contact with poultry so affected;
(c) have been exposed to the infection of avian influenza or Newcastle disease;
(d) have been treated with vaccine against avian influenza or Newcastle disease.
(2) The Minister shall for poultry, other than diseased poultry, slaughtered under this paragraph pay compensation, which shall be the value of the bird immediately before it was slaughtered.
(3) The Minister may by order prescribe the payment of compensation in accordance with a scale approved by the Treasury for diseased poultry slaughtered under this paragraph, being poultry affected with any disease other than fowl pest in any of its forms, including Newcastle disease and fowl plague.
SCHEDULE 3A Power of slaughter for preventing spread of disease: Scotland
(introduced by section 32E)
Cattle plague
1 With a view to preventing the spread of cattle plague, the Scottish Ministers may, if they think fit, cause any animals to be slaughtered.
Pleuro-pneumonia
2 With a view to preventing the spread of pleuro-pneumonia, the Scottish Ministers may, if they think fit, cause any cattle to be slaughtered.
Foot-and-mouth disease
3 With a view to preventing the spread of foot-and-mouth disease, the Scottish Ministers may, if they think fit, cause any animals to be slaughtered.
Swine-fever
4 With a view to preventing the spread of swine-fever, the Scottish Ministers may, if they think fit, cause any swine to be slaughtered.
Diseases of poultry
5 With a view to preventing the spread of diseases of poultry, the Scottish Ministers may, if they think fit, cause any animals or birds to be slaughtered.
Additional power of slaughter
6 (1) With a view to preventing the spread of such disease of animals as the Scottish Ministers may by order specify, the Scottish Ministers may, if they think fit, cause to be slaughtered any animals, birds or amphibians of such description as they may so specify.
(2) A specification of animals under sub-paragraph (1) may include any kind of mammal (except man).
(3) In sub-paragraph (1), “disease” is not restricted by its definition in this Act.
Exercise of powers of slaughter
7 The Scottish Ministers may, in relation to a disease, exercise a power of slaughter conferred by paragraphs 1 to 6 whether or not the animals, birds or amphibians concerned—
(a) are affected with the disease or suspected of being affected with the disease;
(b) are or have been in contact with animals, birds or amphibians affected with the disease;
(c) have been in any way exposed to the disease; or
(d) have been treated with serum or vaccine (or both) against the disease.
Compensation
8 (1) The Scottish Ministers must pay compensation, of such amount as they may prescribe by order, in respect of—
(a) any animals slaughtered under paragraphs 1 to 5; and
(b) any animals—
(i) of any kind to which a power of slaughter under those paragraphs relates; and
(ii) which are slaughtered by virtue of paragraph 6.
(2) An order under sub-paragraph (1) may make different provision for different cases or classes of case.
(3) An order under sub-paragraph (1) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
Orders
9 (1) No order is made under paragraph 6 unless a draft of the order has been laid before, and approved by a resolution of, the Scottish Parliament.
(2) But where the Scottish Ministers are of the opinion that there exists—
(a) an outbreak of a disease of animals not specified in or by virtue of paragraphs 1 to 6; or
(b) some other emergency relating to a disease of animals,
sub-paragraph (1) does not apply in relation to the making of an order under paragraph 6.
(3) Where sub-paragraph (2) applies, an order made accordingly (an “emergency order”)—
(a) is to be laid before the Scottish Parliament; and
(b) ceases to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by a resolution of the Parliament.
(4) However, paragraph (b) of sub-paragraph (3) does not apply in relation to an order which—
(a) revokes (wholly or partly) an emergency order; and
(b) does nothing else, or nothing else except make provision incidental or supplementary to the revocation.
(5) In reckoning for the purposes of sub-paragraph (3)(b) any period of 28 days, no account is to be taken of any period during which the Scottish Parliament is—
(a) dissolved; or
(b) in recess for more than 4 days.
(6) Sub-paragraph (3)(b) is without prejudice to anything previously done by reference to an emergency order or to the making of a new emergency order.
(7) An emergency order must include a description of the emergency in relation to which the order is made.
(8) In sub-paragraph (2), “disease” is not restricted by its definition in this Act.
SCHEDULE 4 Additional Provisions as to Food and Water at Railway Stations
Section 38(2).
1 The food and water, or either of them, provided under section 38(2) above shall be supplied to the animal by the body carrying the animal on the request—
(a) of the consignor; or
(b) of any person in charge of the animal.
2 As regards water, if, in the case of any animal, such a request is not made, so that the animal remains without a supply of water for 24 consecutive hours—
(a) the consignor and the person in charge of the animal shall each be guilty of an offence against this Act; and
(b) it shall lie on the person charged to prove such a request and the time within which the animal had a supply of water.
3 The Ministers may, if they think fit, by order prescribe any other period, not less than 12 hours instead of the period of 24 hours mentioned above, either generally, or in respect of any particular kind of animals.
4 The body supplying food or water under section 38(2) may make in respect of that supply such reasonable charges (if any) as the Ministers by order approve, in addition to such charges as they are for the time being authorised to make in respect of the carriage of animals.
5 The amount of those additional charges accrued due in respect of any animal shall be a debt from the consignor and from the consignee of the animal to the body concerned, and shall be recoverable by the body concerned, with costs, by proceedings in any court of competent jurisdiction.
6 The body concerned shall have a lien for the amount of that debt on the animal in respect of which the debt accrued due, and on any other animal at any time consigned by or to the same consignor or consignee to be carried by that body.
Section 96
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Food and Drugs Act 1955
2 In section 100(6) of the Food and Drugs Act 1955 for “Diseases of Animals Act 1950” substitute “ Animal Health Act 1981 ” .
Food and Drugs (Scotland) Act 1956
3 In section 36(6) of the Food and Drugs (Scotland) Act 1956 for “Diseases of Animals Act 1950” substitute “ Animal Health Act 1981 ”.
Agriculture (Miscellaneous Provisions) Act 1963
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
London Government Act 1963
5 In section 54(3) of the London Government Act 1963 for “Diseases of Animals Act 1950” substitute “ Animal Health Act 1981 ”.
Animal Boarding Establishments Act 1963
6 In paragraph (b) of the proviso to section 5(1) of the Animal Boarding Establishments Act 1963 for “Diseases of Animals Act 1950” substitute “ Animal Health Act 1981 ”.
Agriculture Act I967
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Agriculture (Miscellaneous Provisions) Act 1968
8 In section 8(2) of the Agriculture (Miscellaneous Provisions) Act 1968—
(a) for “section 59 of the Diseases of Animals Act 1950” substitute “ section 50 of the Animal Health Act 1981 ” and
(b) for “in subsection (2) the words from ’and shall’ onwards were omitted” substitute “ paragraph (b)(ii) were omitted from subsection (2) ”.
Transport Act 1968
9 In paragraph 7(2)(b) of Schedule 16 to the Transport Act 1968 for “section 22 of the Diseases of Animals Act 1950” substitute “ section 38(2) of and Schedule 4 to the Animal Health Act 1981 ”.
Agriculture Act 1970
10 In section 106(6) of the Agriculture Act 1970 for “Diseases of Animals Act 1950” substitute “ Animal Health Act 1981 ”.
Slaughterhouses Act 1974
11 In the Slaughterhouses Act 1974—
(a) in section 20(5) for “Diseases of Animals Act 1950” substitute “Animal Health Act 1981” ;
(b) in section 35 for “Diseases of Animals Act 1950” substitute “Animal Health Act 1981” ;
(c) in paragraph (b) of section 38(2), and in section 39(2), for “Diseases of Animals Act 1950” substitute “Animal Health Act 1981” ;
(d) in paragraph (d) of section 40(3) for “section 20 of the Diseases of Animals Act 1950” substitute “paragraphs (a) and (b) of section 7(1), paragraphs (b) to (e) of section 8(1), section 25 and section 37(1) of the Animal Health Act 1981” ;
(e) in section 42(3) for “Diseases of Animals Act 1950” substitute “Animal Health Act 1981”.
Slaughter of Animals (Scotland) Act 1980
12 In the Slaughter of Animals (Scotland) Act 1980—
(a) in section 13(4) and 15(1) for “Diseases of Animals Act 1950” substitute “ Animal Health Act 1981 ” ;
(b) in paragraph (e) of section 16(4) for “section 20 of the Diseases of Animals Act 1950” substitute “ paragraphs (a) and (b) of section 7(1), paragraphs (b) to (e) of section 8(1), section 25 and section 37(1) of the Animal Health Act 1981 ”.