OpenLegislation

Article 2 Interpretation

Original text. Later amendments are not shown.

(1)

In this scheme, unless the context otherwise requires—

  • “accredited herd” means a herd of cattle in Great Britain which, to the satisfaction of the appropriate Minister, either—

    1. (a)

      has been found to be free from brucellosis by means of a series of diagnostic tests carried out by him or on his behalf and has been, since the date of commencement of such tests, the subject of adequate precautions against the introduction or re-introduction and consequent spreading of brucellosis, or

    2. (b)

      has been wholly constituted by the transfer of animals from other accredited herds in Great Britain or from such similar herds outside Great Britain as the Minister of Agriculture, Fisheries and Food, in relation to herds in England and Wales, or the Secretary of State, in relation to herds in Scotland, may either generally or in any special case allow, and has been, since being so constituted, the subject of such precautions as aforesaid;

    and “accreditation” shall be construed accordingly;

  • “the appropriate Minister” means the Minister of Agriculture, Fisheries and food or, in relation to herds kept in Scotland, the Secretary of State, and “the Ministry” means the Ministry of Agriculture for Northern Ireland;

  • “beef cow scheme” means a scheme made under section 12 of the Agriculture Act 1967;

  • “brucellosis incentives agreement” means a voluntary arrangement between the appropriate Minister and the owner of a herd providing for the eradication of brucellosis from the herd upon terms which include the slaughter by the owner of any reactors found in the herd, without compensation, the making of payments to the owner in respect of a period commencing not earlier than the date of the final test as a result of which it becomes an accredited herd or, if there is no such test, the date on which the constitution of the herd is commenced and the taking by him of precautions against the introduction or re-introduction and consequent spreading of brucellosis;

  • “certified herd” means a herd of cattle in Northern Ireland in respect of which the Ministry has issued a Brucellosis Certificate in accordance with the provisions of an order made under the Diseases of Animals Act (Northern Ireland) 1958 in connection with the eradication of that disease, being an order which provides for such certificates to be issued only in respect of herds—

    1. (a)

      which have been officially tested by the Ministry for the present of brucella infection with negative results, or

    2. (b)

      have been wholly constituted by the transfer of animals from other certified herds or from similar herds in the Republic of Ireland;

    and “certification” shall be construed accordingly;

  • “hill cattle scheme” means a scheme made under section 13(1)(b) of the Hill Farming Act 1946;

  • “incentive payments” has the meaning assigned to it by paragraph 3 of this scheme;

  • “prescribed date” means a prescribed date for the purposes of a beef cow scheme;

  • “qualifying day” means a qualifying day for the purposes of a hill cattle scheme;

  • “reactor” means an animal which, when tested for brucellosis by or on behalf of the appropriate Minister, gives rise to a reaction consistent with its being affected with that disease;

  • “test” means a test by or on behalf of the appropriate Minister or the Ministry for the purpose of determining whether brucellosis is present in a herd.

(2)

For the purposes of this scheme the date of a test is the date when samples are first taken from cattle for use in the test.

(3)

The Interpretation Act 1889 applies to the interpretation of this scheme as it applies to the interpretation of an Act of Parliament.