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The Avian Influenza and Newcastle Disease (England and Wales) Order 2003

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2003, ISBN 0110466802

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under sections 16A(8), 32A(3) and 62D(3) of the Animal Health Act 1981, for approval by resolution of each House of Parliament

ANIMALS, ENGLAND AND WALES

ANIMAL HEALTH

Made 2003

Coming into force 2003

The Secretary of State, in exercise of the powers conferred on her by sections 16A, 32A and 62D(2) of the Animal Health Act 1981f1 makes the following order, a draft of which has been approved by resolution of each House of Parliament:

Annotations to the whole text

Footnotes

f1

1981 c. 22. Sections 16A, 32A and 62D were inserted by sections 5, 2 and 9 of the Animal Health Act 2002 c. 42.

Contents

  1. 1Title, commencement and extent
  2. 2Application of section 16A of the Animal Health Act 1981
  3. 3Definition of disease in section 62D of the Animal Health Act 1981
  4. 4Amendments to Schedule 3 to the Animal Health Act 1981
  5. Signature
  6. Explanatory note

1Title, commencement and extent

This Order may be cited as the Avian Influenza and Newcastle Disease (England and Wales) Order 2003, comes into force on the day after the day on which it is made and extends to England and Wales.

2Application of section 16A of the Animal Health Act 1981

Avian influenza and Newcastle disease are specified as diseases to which section 16A of the Animal Health Act 1981 (slaughter of vaccinated animals) appliesf1.

3Definition of disease in section 62D of the Animal Health Act 1981

For the purposes of section 62D(2) of the Animal Health Act 1981 (tests and samples: power of entry), disease includes avian influenza and Newcastle disease.

4Amendments to Schedule 3 to the Animal Health Act 1981

(1)

Schedule 3 to the Animal Health Act 1981 is amended in accordance with the provisions of this article.

(2)

After paragraph 5(1)(a), “or” is deleted.

(3)

After paragraph 5(1)(b), the following is inserted—

“(c)

any poultry the Secretary of State thinks should be slaughtered with a view to preventing the spread of avian influenza or Newcastle disease.”.

(4)

After paragraph 5(1), the following is inserted—

“(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.”.

Signature

Parliamentary Under-Secretary of State,

Department for Environment, Food and Rural Affairs

    2003

Explanatory note

(This note is not part of the Order)

1

This Order, which extends to England and Wales, provides that avian influenza and Newcastle disease are diseases to which section 16A of the Animal Health Act 1981 (“the Act”), as amended by the Animal Health Act 2002 c. 42 (slaughter of vaccinated animals) applies (article 2). It provides that, for the purposes of section 62D of the Act (tests and samples: powers of entry), the definition of disease includes avian influenza and Newcastle disease (article 3). It amends Schedule 3 to the Act, adding to the categories of poultry which may be slaughtered in England and Wales any poultry which the Secretary of State thinks should be slaughtered with a view to preventing the spread of avian influenza or Newcastle disease (article 4).

2

A Regulatory Impact Assessment has not been prepared in respect of this Order.