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The Specified Animal Pathogens Order 1998

S.I. 1998/463 · Made 27 February 1998 · Extends to England, Wales and Scotland

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 1 March 2009.

See the changes not yet applied
ProvisionChangeMade by
art 4saved (E)The Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2001 reg 3(2)
art 4saved (W)The Foot-and-Mouth Disease (Prohibition of Vaccination) (Wales) Regulations 2001 art 3(2)

ANIMALS

ANIMAL HEALTH

Made 27th February 1998

Coming into force 1st April 1998

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 1, 7, 8, 35(1), 87(2) and (5) and 88(2) and (4) of the Animal Health Act 1981f1 and of all other powers enabling them in that behalf, make the following Order:

Annotations to the whole text

Textual amendments

F1

Order revoked (W.) (10.5.2008) by The Specified Animal Pathogens (Wales) Order 2008 (S.I. 2008/1270), arts. 1, 12; and Order revoked (S.) (1.3.2009) by The Specified Animal Pathogens (Scotland) Order 2009 (S.S.I. 2009/45), arts. 1(1), 12(a)

Footnotes

f1

1981 c. 22; see section 86(1) for a definition of “the Ministers”. Section 35(1) was amended by section 1 of the Animal Health and Welfare Act 1984 (c. 40).

Contents

  1. 1Title and commencement
  2. 2Extension of the definition of “animal”, “poultry” and “disease”
  3. 3Interpretation
  4. 4Prohibitions in relation to specified animal pathogens
  5. 5Exceptions
  6. 6Powers of inspectors
  7. 7Production of licences
  8. 8Enforcement
  9. 9Revocation and transitional provision
  10. Signature
  11. Schedule: SPECIFIED ANIMAL PATHOGENS
  12. 1Part 1
  13. 2Part 2
  14. Explanatory note

1Title and commencementF1I1

This Order may be cited as the Specified Animal Pathogens Order 1998 and shall come into force on 1st April 1998.

2Extension of the definition of “animal”, “poultry” and “disease”F1I1

For the purposes of the Animal Health Act 1981 in relation to this Order—

(a)

the definition of “animal” is hereby extended so as to comprise any kind of mammal except man, and any kind of four-footed beast which is not a mammal;

(b)

the definition of “poultry” is hereby extended so as to comprise any species of bird;

(c)

the definition of “disease” is hereby extended so as to comprise any disease of animals and poultry which may be caused by one or more specified animal pathogens.

3InterpretationF1I1

(1)

In this Order, unless the context otherwise requires—

  • “animal” includes poultry;

  • “carrier” means any living creature except man which may carry or transmit a specified animal pathogen or the tissue, cell culture, body fluid, excreta, carcase or part of a carcase of such creature by or by means of which a specified animal pathogen may be transmitted;

  • “specified animal pathogen” means an animal pathogen listed in the Schedule to this Order, including—

    1. (a)

      intact pathogens;

    2. (b)

      pathogens which have been attenuated or genetically modified by any means, and

    3. (c)

      any nucleic acid derived from an animal pathogen listed in the Schedule which could produce that pathogen when introduced into a biological system in which the nucleic acid is capable of replicating.

(2)

A licence or notice issued under this Order shall be in writing, may be subject to conditions and may be modified, suspended or revoked by notice in writing served on the licensee or recipient of the original notice at any time.

4Prohibitions in relation to specified animal pathogensF1F2

(1)

No person shall have in his possession—

(a)

any animal pathogen specified in Part 1 of the Schedule to this Order; or

(b)

any carrier in which he knows such a pathogen is present,

except under the authority of a licence issued by the Secretary of State.

(2)

No person shall deliberately introduce into any animal any animal pathogen specified in either Part 1 or Part 2 of that Schedule, except under the authority of a licence issued by the Secretary of State.

(3)

Paragraphs (1) and (2) are subject to article 5.

(4)

If any person has in his possession any thing in respect of which he has reasonable grounds for suspecting that an animal pathogen specified in Part 1 of that Schedule is present, and does not have a licence in respect of that pathogen, he shall forthwith notify a veterinary inspector.

5ExceptionsF1I1

(1)

Article 4 above shall not apply to any person who is transporting a pathogen or carrier and who does not own or have any rights in that pathogen or carrier.

(2)

Article 4 above shall not apply in relation to any pathogen or carrier contained in a product—

(F2a)

permitted to be placed on the market under the Veterinary Medicines Regulations 2005 or the Medicines for Human Use (Marketing Authorisations etc) Regulations 1994;

(b)

licensed in accordance with the provisions of section 7(2) of the Medicines Act 1968f1; or

(F3c)

in respect of which an animal test certificate has been issued in accordance with regulation 8(3) of the Veterinary Medicines Regulations 2005.

6Powers of inspectorsF1I1

(1)

Where an inspector has reasonable grounds for suspecting that a specified animal pathogen or a carrier is in the possession of a person who does not hold a licence permitting work with that pathogen in contravention of this Order or in contravention of a condition of a licence granted under this Order he may at any time seize, or cause to be seized, such pathogen, carrier or any material in which he reasonably suspects such pathogen to have been kept or into which he reasonably suspects it to have been introduced.

(2)

A veterinary inspector may, if he considers it expedient to do so for the purpose of preventing the introduction or spreading of disease into or within Great Britain, detain, treat or destroy any pathogen, carrier or material seized under paragraph (1) above.

(3)

A veterinary inspector may, by notice in writing served upon the occupier of any premises (including a dwelling house), or upon the owner or person in charge of any vehicle by which any specified pathogen, carrier or material is or has been present in contravention of this Order or of a licence issued under it, require the person on whom the notice was served to cleanse and disinfect such premises, place or vehicle in such manner as he may by such notice specify at the expense of the person on whom the notice is served.

(4)

Where the requirements of a notice served under paragraph (3) above have not been complied with, a veterinary inspector may carry out or cause to be carried out the cleansing and disinfection specified in the notice at the expense of the person on whom the notice has been served.

7Production of licencesF1I1

Any person acting under the authority of a licence shall produce it on demand to a veterinary inspector, officer of the appropriate Minister or an inspector of the local authority and allow a copy of it to be taken and shall, if required by that person, furnish his name and address.

8EnforcementF1I1

This Order shall be enforced by the local authority.

9Revocation and transitional provisionF1I1

(1)

The Specified Animal Pathogens Order 1993f1 is revoked.

(2)

Any notice or licence issued under the Specified Animal Pathogens Order 1993 shall continue to have effect as if made under the equivalent provision of this Order.

Signature

F1Jeff Rooker

Minister of State, Ministry of Agriculture, Fisheries and Food

17th February 1998

Sewel

Parliamentary Under Secretary of State, Scottish Office

19th February 1998

Signed by authority of the Secretary of State for Wales

Win Griffiths

Parliamentary Under Secretary of State, Welsh Office

27th February 1998

1F1F2 E+W

  • African horse sickness virus

  • African swine fever virus

  • Aujeszky’s disease virus

  • Avian influenza viruses which are —

    1. (a)

      uncharacterised;

    2. (b)

      Type A viruses which have an intravenous pathogenicity index in six-week-old chickens of greater than 1.2; or

    3. (c)

      Type A viruses H5 or H7 subtype for which nucleotide sequencing has demonstrated multiple basic amino acids at the cleavage site of haemagglutinin

  • Babesia bovis, Babesia bigemina and Babesia caballi

  • Bacillus anthracis

  • Bluetongue virus

  • Bovine leukosis virus

  • Brucella abortus, Brucella melitensis, Brucella ovis and Brucella suis

  • Burkholderia mallei

  • Classical swine fever virus

  • Cochliomyia hominivorax

  • Eastern and Western equine encephalomyelitis viruses

  • Echinococcus multilocularis and Echinococcus granulosus

  • Ehrlichia ruminantium

  • Equine infectious anaemia virus

  • Foot and mouth disease virus

  • Hendra disease virus

  • Histoplasma farciminosum

  • Japanese encephalitis virus

  • Lumpy skin disease virus

  • Mycoplasma agalactiae, Mycoplasma capricolum sub species capripneumoniae, Mycoplasma mycoides sub species mycoides SC and mycoides LC variants and Mycoplasma mycoides var capri

  • Newcastle disease (avian paramyxovirus type 1) viruses which are —

    1. (a)

      uncharacterised; or

    2. (b)

      have an intracerebral pathogenicity index in one-day-old chicks of 0.4 or more, when not less than 10 million 50% egg infectious doses (EID50) are administered to each bird in the test

  • Nipah disease virus

  • Peste des petits ruminants virus

  • Rabies virus and all viruses of the genus Lyssavirus

  • Rift Valley Fever virus

  • Rinderpest virus

  • St Louis equine encephalomyelitis virus

  • Sheep and goat pox virus

  • Swine vesicular disease virus

  • Teschen disease virus

  • Theileria annulata, Theileria equi and Theileria parva

  • Trichinella spiralis

  • Trypanosoma brucei, Trypanosoma congolense, Trypanosoma equiperdum, Trypanosoma evansi, Trypanosoma simiae and Trypanosoma vivax

  • Venezuelan equine encephalomyelitis virus

  • Vesicular stomatitis virus

  • West Nile virus

2F1F2 E+W

  • The live virus causing viral haemorrhagic disease of rabbits

Explanatory note

(This note is not part of the Order)

This Order revokes and re-enacts with amendments the Specified Animal Pathogens Order 1993 (S.I. 1993/3250).

It extends the definition of “specified animal pathogen” to include nucleic acid derived from a pathogen listed in the Schedule and which may be capable of producing that pathogen (article 3). It prohibits the possession of the pathogens listed in Part I of the Schedule and the introduction into any animal of any pathogen listed in the Schedule, except under the authority of a licence issued by the appropriate Minister.

If any person who does not hold such a licence possesses anything which he suspects contains a pathogen listed in Part I of the Schedule he is required to notify a veterinary inspector (article 4). There are exceptions for veterinary and human medicines (article 5). There are provisions relating to powers of inspectors and production of licences (articles 6 and 7). The Order is enforced by the local authority (article 8).

The Schedule is amended to include in the list of specified animal pathogens Babesia bovis, Babesia bigemina, Bovine leukosis virus, Brucella abortus, Cowdria ruminatum, Equine morbillivirus, Japanese encephalitis virus, Mycoplasma capricolum sub species capripneumoniae, all rabies viruses, Theileria parva, Trypanosoma brucei, Trypanosoma congolense, Trypanosoma simiae, and Trypanosoma vivax. Only pathogenic or uncharacterised strains of Newcastle diesase are included. The live virus causing viral haemorrhagic disease of rabbits is included only in Part II of the Schedule. Horse pox virus and Trypanosoma theileri have been removed from the Schedule.

A Regulatory Appraisal has been prepared and placed in the Library of each House of Parliament. Copies can be obtained from the Animal Health (Disease Control) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.