OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

This Order contains emergency prohibitions restricting various activities in order to prevent human consumption of food rendered unsuitable for that purpose in consequence of the escape of radioactive substances from a nuclear reaction situated at Chernobyl in the Ukraine, USSR. This escape occurred in April 1986 and radioactivity had declined below the level which gave concern before the restrictions imposed in that year were finally removed. Contrary to original expectations, however, radioactivity at unacceptable levels is again present in new pasture.

The Order designates areas in Scotland affected by the escape from which the movement of sheep and in which the slaughter of sheep are prohibited (articles 3, 4 and 5 and the Schedule). Restrictions on the slaughter of sheep from the designated areas, and the supply of meat derived from such sheep, extend throughout the United Kingdom (article 6).

Under section 21 of the Food and Environment Protection Act 1985 the penalty for contravening an emergency prohibition is -

(a)

on summary conviction, a fine of an amount not exceeding the statutory maximum (at present £2,000);

(b)

on conviction on indictment, an unlimited fine or imprisonment for a term of not more than two years, or both.

Powers of enforcement in relation to emergency prohibitions are conferred by section 4 of, and Schedule 2 to, the 1985 Act. Under paragraph 10 of that Schedule obstruction of enforcement officers is an offence.