Article 5 Declaration of a temporary control areaF1

England, Wales and Scotland

(1)

If the Secretary of State suspects that—

(a)

disease exists on any premises; or

(b)

animals on any premises may be or have been exposed to disease,

he may declare in writing an area to be a temporary control area.

(2)

A temporary control area shall be of such size as the Secretary of State thinks necessary in order to prevent the spread of disease.

(3)

Any premises which are partly inside and partly outside a temporary control area shall be deemed to be wholly within that area.

(4)

In a declaration under paragraph (1), the Secretary of State shall—

(a)

specify the disease which the Secretary of State suspects to exist, or, if no specific disease is suspected, state that the Secretary of State suspects disease to exist; and

(b)

specify the species of animal to which the declaration applies.

(5)

The Secretary of State may specify in a declaration under paragraph (1)—

(a)

the biosecurity measures which shall be taken on premises in a temporary control area or in any part of that area; and

(b)

such other measures which are to apply in the temporary control area, or in any part of that area, as the Secretary of State considers necessary in order to prevent the spread of disease.

(6)

The Secretary of State may prohibit in a declaration under paragraph (1) the movement of any animal or thing capable of spreading disease—

(a)

into or out of the temporary control area; and

(b)

onto or from any premises in the temporary control area.

(7)

But a person may move any such animal or thing under the authority of a licence issued by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

(8)

A person to whom a requirement or prohibition in a declaration under paragraph (1) applies shall—

(a)

comply with the requirement or prohibition; and

(b)

comply with any reasonable request which a veterinary inspector or an inspector of the local authority may make to ensure that the requirement or prohibition is complied with.

(9)

The Secretary of State may revoke or amend in writing a declaration under paragraph (1) at any time.

(10)

Such an amendment or revocation shall—

(a)

refer to the declaration; and

(b)

state the date and time the revocation or amendment is to take effect.

Annotations

Textual amendments

F1: Art. 5 substituted (25.9.2007 at 3.00 p.m.) by The Movement of Animals (Restrictions) (England) (Amendment) Order 2007 (S.I. 2007/2809), arts. 1(b), 2(2)