OpenLegislation

Schedule 1 Relevant offences

Original text. Later amendments are not shown.

OffenceEnforcement authority
1.

In the Dangerous Wild Animals Act 1976f1, an offence under—

(a)

section 2(5) (keeping a dangerous wild animal without a licence) or (6) (contravention of or non-compliance with licence condition);

(b)

section 3(4) (obstructing or delaying inspection by local authority).

Local authorities
2.

In the Animal Health Act 1981f2, an offence under—

(a)

section 4(1) (false statements) or (2) (obstruction of inspection authorised under section 3(2));

(b)

section 8(2) (breach of prohibition of use of vessel etc);

(c)

section 15(7) (failure to keep an animal separate and failure to give notice of disease);

(d)

section 16(17) (failure to give assistance with treatment with serum or vaccine);

(e)

section 28A(1) (deliberate infection);

(f)

section 30(3) (failure to comply with zoonoses control requirements);

(g)

section 35(4) (disposal of carcases in river etc or digging up of carcases);

(h)

section 40(1) (export of horses unless certified);

(i)

section 41(1) (export of certain ponies unless of a certain value and certified);

(j)

section 42 (restriction on export of registered ponies);

(k)

section 45(2) (marking of horses with a view to evading export restriction);

(l)

section 49(3) (contravention of sections 40 to 42 and 44 to 48);

(m)

section 62F(8) (failure to give assistance to a veterinary inspector);

(n)

section 66 (refusal and obstruction);

(o)

section 66A(1) (refusal and obstruction of inspector) or (2) (failure to give assistance under section 62C(3));

(p)

section 67 (issue of false licences etc);

(q)

section 68 (issue of licences etc. in blank);

(r)

section 69 (falsely obtaining licences etc);

(s)

section 71 (other offences as to licences);

(t)

section 72(a) (acts and omissions declared to be an offence against the Animal Health Act 1981), insofar as it relates to an act or omission declared by that Act to be an offence;

(u)

section 72(b) (acts made or declared to be not lawful), insofar as it relates to an act made or declared by the Animal Health Act 1981 to be not lawful;

(v)

section 73(a) (acts in contravention of the Animal Health Act 1981 etc), insofar as it relates to an act in contravention of the Animal Health Act 1981;

(w)

section 73(b) (failure to give, produce, observe or do anything required), insofar as it relates to a requirement under the Animal Health Act 1981.

Local authorities; the Secretary of State
3.

An offence for the purposes of section 72 of the Animal Health Act 1981 under—

(a)

article 5A of the Movement of Animals (Records) Order 1960f3 (offences);

(b)

article 13 of the Rabies (Control) Order 1974f4 (offences);

(c)

article 8 of the Importation of Animal Pathogens Order 1980f5 (summary offences);

(d)

article 20 of the Aujeszky's Disease Order 1983f6 (offences);

(e)

article 14 of the Infectious Diseases of Horses Order 1987f7 (offences);

(f)

article 19 of the Welfare of Horses at Markets (and Other Places of Sale) Order 1990 f8 (offences);

(g)

article 20 of the Welfare of Animals at Markets Order 1990f9 (offences);

(h)

article 13 of the Anthrax Order 1991f10 (offences);

(i)

the following provisions of the Welfare of Animals (Transport) (England) Order 2006f11—

(i)

article 4(1) (transport causing injury or unnecessary suffering) or (2) (transport in inappropriate conditions);

(ii)

article 5(1) (failure to comply with transport requirements);

(iii)

article 6 (transporters);

(iv)

article 7(1) (failure to comply with provisions for transport on roll-on-roll-off vessels);

(v)

article 8 (organisers);

(vi)

article 9 (keepers);

(vii)

article 10 (assembly centres);

(viii)

article 11(1) (operation of a control post without approval), (2) (operation of an unapproved control post), or (3) (failure to comply with certain provisions).

Local authorities; the Secretary of State
4.

An offence for the purposes of section 72 of the Animal Health Act 1981 under article 3 of the Control of Dogs Order 1992f12 (offences).

Local authorities
5.

An offence for the purposes of section 73 of the Animal Health Act 1981 under—

(a)

the Pleuro-Pneumonia Order 1928f13;

(b)

the Cattle Plague Order 1928f14;

(c)

the Movement of Animals (Records) Order 1960f15;

(d)

the Rabies (Control) Order 1974f16;

(e)

the Importation of Animal Pathogens Order 1980f17;

(f)

the Aujeszky's Disease Order 1983f18;

(g)

the Infectious Diseases of Horses Order 1987f19;

(h)

the Welfare of Horses at Markets (and Other Places of Sale) Order 1990f20;

(i)

the Welfare of Animals at Markets Order 1990f21;

(j)

the Anthrax Order 1991f22;

(k)

the Equine Viral Arteritis Order 1995f23;

(l)

the Movement of Animals (Restrictions) (England) Order 2002f24;

(m)

the Diseases of Poultry (England) Order 2003f25;

(n)

the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 2003f26;

(o)

the Disease Control (England) Order 2003f27;

(p)

the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2006f28;

(q)

the Avian Influenza (Preventive Measures) (England) Regulations 2006f29;

(r)

the Avian Influenza (Vaccination) (England) Regulations 2006f30;

(s)

the Avian Influenza (H5N1 in Wild Birds) (England) Order 2006f31;

(t)

the Welfare of Animals (Transport) (England) Order 2006f32;

(u)

the Diseases of Animals (Approved Disinfectants) (England) Order 2007f33;

(v)

the Products of Animal Origin (Disease Control) (England) Regulations 2008f34;

(w)

the Sheep and Goats (Records, Identification and Movement) (England) Order 2009f35;

(x)

the Animal Gatherings Order 2010f36;

(y)

the Pigs (Records, Identification and Movement) Order 2011f37;

(z)

article 25 of the Tuberculosis in Animals (England) Order 2021f38 (enforcement);

(z1)

the Exotic Equine Diseases (Compensation) (England) (No. 2) Order 2023f39.

Local authorities; the Secretary of State
6.

An offence for the purposes of section 73 of the Animal Health Act 1981 under the Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) (Order) 2006f40.

Local authorities; the Secretary of State; the Food Standards Agency
7.

In the Animal Welfare Act 2006f41, an offence under—

(a)

section 9 (duty of a person responsible for animal to ensure welfare);

(b)

section 11 (transfer of animals by way of sale or prize to persons under 16);

(c)

section 13 (licensing or registration of activities involving animals).

Local authorities; the Secretary of State
8.

An offence under regulation 7 of the Welfare of Farmed Animals (England) Regulations 2007f42 (offences).

Local authorities; the Secretary of State
9.

An offence under regulation 25 of the Bluetongue Regulations 2008f43 (offences and penalties).

Local authorities; the Secretary of State
10.

An offence under regulation 39 of the Trade in Animals and Related Products Regulations 2011f44 (offences).

Local authorities; the Secretary of State; port health authorities; the Food Standards Agency; a customs official or customs officer referred to in regulation 32 of the Trade in Animals and Related Products Regulations 2011
11.

An offence under regulation 35(1) of the African Horse Sickness (England) Regulations 2012f45 (offences).

Local authorities; the Secretary of State
12.

In the Animal By-Products (Enforcement) (England) Regulations 2013f46, an offence under—

(a)

regulation 17 (compliance with animal by-product requirements);

(b)

regulation 18 (obstruction);

(c)

regulation 25(5) (contravention of notice provisions).

Local authorities; the Secretary of State; port health authorities; the Food Standards Agency; a food authority referred to in regulation 21 of the Animal By-Products (Enforcement) (England) Regulations 2013
13.

An offence under regulation 39 of the Diseases of Swine Regulations 2014f47 (offences and penalties).

Local authorities; the Secretary of State
14.

In the Welfare of Animals at the Time of Killing (England) Regulations 2015f48, an offence under—

(a)

regulation 30(1) (offences: general) or (2) (failure to comply with enforcement notice);

(b)

regulations 31 (obstruction offences).

Local authorities; the Secretary of State; the Food Standards Agency
15.

An offence under regulation 20 of the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018f49 (offences).

Local authorities
16.

An offence under regulation 18 of the Transmissible Spongiform Encephalopathies (England) Regulations 2018f50 (offences and penalties).

Local authorities; the Secretary of State; the Food Standards Agency
17.

In the Wild Animals in Circuses Act 2019f51, an offence under—

(a)

section 1(3) (prohibition on use of wild animals in travelling circuses);

(b)

paragraph 10 of Schedule 1 (inspections).

The Secretary of State

Annotations

Footnotes

f1

1976 c.38.

f2

1981 c. 22; section 4 was amended by the Criminal Justice Act 1982 (c. 48), sections 38 and 46. Section 16(17), and the requirement in section 16(10) to which it relates, were inserted by the Animal Health Act 2002 (c. 42), section 7(1), (4). The definitions in section 49(4)(a) of expressions in section 49(3) were substituted by the Merchant Shipping Act 1995 (c. 21), sections 314(2) and paragraph 58(a) of Schedule 13. Section 28A was added by the Animal Health Act 2002, section 12(1). Section 62F was inserted by the Animal Health Act 2002, section 9. Section 66A was inserted by the Animal Health Act 2002, section 8(2).

f3

S.I. 1960/105; relevant amending instruments are S.I. 1961/1493, 1977/944, 1989/879, 1990/1868, 1995/11, 1995/12, 1996/28. The instrument has effect as if made under the Animal Health Act 1981, by virtue of section 17(2)(b) of the Interpretation Act 1978. Provision is also made below relating to offences under this order for the purpose of section 73 of the Animal Health Act 1981.

f4

S.I. 1974/2212; relevant amending instruments are S.I. 1995/2922, 2009/2713. The instrument has effect as if made under the Animal Health Act 1981, by virtue of section 17(2)(b) of the Interpretation Act 1978. Provision is also made below relating to offences under this order for the purpose of section 73 of the Animal Health Act 1981.

f5

S.I. 1980/1212, amended by S.I. 1993/3250, 2006/2407. Provision is also made below relating to offences under this order for the purpose of section 73 of the Animal Health Act 1981.

f6

S.I. 1983/344; relevant amending instruments are S.I. 1994/3141, 2021/443. Provision is also made below relating to offences under this order for the purpose of section 73 of the Animal Health Act 1981.

f7

S.I. 1987/790; relevant amending instruments are S.I. 1992/3159, 2009/2713. Provision is also made below relating to offences under this order for the purpose of section 73 of the Animal Health Act 1981.

f8

S.I. 1990/2627. Provision is also made below relating to offences under this order for the purpose of section 73 of the Animal Health Act 1981.

f9

S.I. 1990/2628, amended by S.I. 1993/3085, 1995/12. Provision is also made below relating to offences under this order for the purpose of section 73 of the Animal Health Act 1981.

f10

S.I. 1991/2814; relevant amending instruments are S.I. 1995/2922, 1996/1855, 2009/2713. Provision is also made below relating to offences under this order for the purpose of section 73 of the Animal Health Act 1981.

f11

S.I. 2006/3260; relevant amending instruments are S.I. 2012/2897, 2023/287. Provision is also made below relating to offences under this order for the purpose of section 73 of the Animal Health Act 1981.

f12

S.I. 1992/901.

f13

S.R. & O. 1928/205, amended by S.R. & O. 1938/194, 1938/195, S.I. 1977/944. The instrument has effect as if made under the Animal Health Act 1981, by virtue of section 17(2)(b) of the Interpretation Act 1978.

f14

S.R. & O. 1928/206, amended by S.R. & O. 1938/194, S.I. 1977/944. The instrument has effect as if made under the Animal Health Act 1981, by virtue of section 17(2)(b) of the Interpretation Act 1978.

f15

Separate provision is made above relating to a specific offence contained in the Order.

f16

Separate provision is made above relating to a specific offence contained in the Order.

f17

Separate provision is made above relating to a specific offence contained in the Order.

f18

Separate provision is made above relating to a specific offence contained in the Order.

f19

Separate provision is made above relating to a specific offence contained in the Order.

f20

Separate provision is made above relating to a specific offence contained in the Order.

f21

Separate provision is made above relating to a specific offence contained in the Order.

f22

Separate provision is made above in relation to a specific offence contained in the Order.

f23

S.I. 1995/1755, amended by S.I. 2009/2713; there are other amending instruments but none is relevant.

f24

S.I. 2002/3229, amended by S.I. 2007/2809, 2021/1001.

f25

S.I. 2003/1078, amended by S.I. 2006/1197, 2009/2713, 2018/575, 2021/443.

f26

S.I. 2003/1724; relevant amending instruments are S.I. 2006/3260, 2007/1020.

f27

S.I. 2003/1729, amended by S.I. 2005/3100, 2007/2476, 2623, 2008/1066, 2011/2154, 2012/2897, 2016/280, 2020/1462.

f28

S.I. 2006/183, amended by S.I. 2009/2712, 2011/881, 2012/2897, 2013/2952, 2018/1406, 2019/1488. By virtue of regulation 37 of S.I. 2006/183, section 73 of the Animal Health Act 1981 applies as if the Regulations were an Order made under that Act.

f29

S.I. 2006/2701, relevant amending instruments are S.I. 2009/2712, 2012/2897. By virtue of regulation 20 of S.I. 2006/2701, section 73 of the Animal Health Act 1981 applies as if the Regulations were an Order made under that Act.

f30

S.I. 2006/2703, amended by S.I. 2009/2712, 2012/2897, 2018/575, 1406. By virtue of regulation 21 of S.I. 2006/2703, section 73 of the Animal Health Act 1981 applies as if the Regulations were an Order made under that Act.

f31

S.I. 2006/3249; relevant amending instruments are S.I. 2007/3303, 2012/2897, 2013/2952, 2018/575, 2021/1305, 1307.

f32

Separate provision is made above in relation to specific offences contained in the Order.

f33

S.I. 2007/448, amended by S.I. 2012/2897; there are other amending instruments but none is relevant.

f34

S.I. 2008/465, amended by S.I. 2009/1297, 2012/2897, 2014/1894, 2018/575, 1406. By virtue of regulation 21 of S.I. 2008/465, section 73 of the Animal Health Act 1981 applies as if the Regulations were an Order made under that Act.

f35

S.I. 2009/3219, amended by S.I. 2012/2897, 2014/331, 2016/76, 2018/1238.

f36

S.I. 2010/460; relevant amending instruments are S.I. 2012/2897, 2013/2952.

f37

S.I. 2011/2154, amended by S.I. 2012/2897, 2018/501, 1238, 2019/526.

f38

S.I. 2021/1001, amended by S.I. 2023/867.

f39

S.I. 2023/565.

f40

S.I. 2006/2702, amended by S.I. 2009/2713, 2012/2897, 3039, 2018/575, 1406, 2021/1472, 2022/1108, 1224.

f41

2006 c. 45.

f42

S.I. 2007/2078; relevant amending instruments are S.I. 2010/3033, 2012/2897, 2018/1033, 2019/1488.

f43

S.I. 2008/962; relevant amending instruments are S.I. 2009/2712, 2011/1197, 2012/1977, 2897, 2018/575.

f44

S.I. 2011/1197; relevant amending instruments are S.I. 2019/1488, 2020/1462.

f45

S.I. 2012/2629, to which there are amendments not relevant to these Regulations.

f46

S.I. 2013/2952; relevant amending instruments are S.I. 2013/2996, 2015/1980, 2019/526.

f47

S.I. 2014/1894, to which there are amendments not relevant to these Regulations.

f48

S.I. 2015/1782, amended by S.I. 2022/33; there are other amending instruments but none is relevant.

f49

S.I. 2018/486, amended by S.I. 2019/1093, 2021/416.

f50

S.I. 2018/731; relevant amending instruments are S.I. 2018/1120, 2019/526, 809, 1488.

f51

2019 c. 24.