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The Specified Diseases (Notification) Order 1996

S.I. 1996/2628 · Made 15 October 1996 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 21 April 2021.

ANIMALS

ANIMAL HEALTH

Made 15th October 1996

Coming into force 21st October 1996

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, 8(1), 15(4), 72, 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, hereby make the following Order:

Annotations to the whole text

Textual amendments

F1

Order revoked (E. in relation to Bluetongue) (19.2.2003) by The Bluetongue Order 2003 (S.I. 2003/130), art. 18; and revoked (W. in relation to Bluetongue) (19.2.2003) by The Bluetongue (Wales) Order 2003 (S.I. 2003/326), art. 19

Footnotes

f1

1981 c. 22. See section 86(1) for a definition of “the Ministers” and “the Minister”.

Contents

  1. 1Title and commencement
  2. 2Interpretation
  3. 3Notification of specified diseases
  4. 3ASharing information and providing advice on porcine epidemic diarrhoea: England
  5. 4Notification of spongiform encephalopathy
  6. 4ANotification of infection with Batrachochytrium salamandrivorans: England
  7. 4BNotification of Ebola virus: England
  8. 5Notice
  9. 6Offences
  10. 7Enforcement
  11. 8Revocations
  12. Signature
  13. Schedule 1: SPECIFIED DISEASES
  14. IPart I
  15. IIPart II
  16. Schedule 1AFURTHER SPECIFIED DISEASES
  17. Schedule 2REVOCATIONS
  18. Explanatory note

1Title and commencementF1I1

This Order may be cited as the Specified Diseases (Notification) Order 1996 and shall come into force on 21st October 1996.

2InterpretationF1E1I1 E+W

In this Order—

  • F2...

  • “veterinary surgeon” means a veterinary surgeon (or veterinary practitioner) registered under the Veterinary Surgeons Act 1966f1.

3Notification of specified diseasesF1E1I1 E

(1)

For the purposes of the Animal Health Act 1981 in its application to this article—

(a)

the definition of “animals” in section 87(1) is hereby extended to comprise ungulates; and

(b)

the definition of “disease” in section 88(1) is hereby extended to comprise the diseases listed in Part 1 of Schedule 1 to this Order.

(2)

A person who has in his possession or under his charge an animal or carcase which he knows or reasonably suspects is infected with a disease listed in Schedule 1 to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) below.

(3)

A veterinary surgeon or other person who, in the course of his duties, examines or inspects an animal or carcase which he reasonably believes is infected with a disease listed in Schedule 1 to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) below.

(4)

A person who, following analysis by him of a sample taken from an animal or carcase, reasonably suspects that the animal or carcase is infected with any of the diseases listed in Schedule 1 F2or Schedule 1A to this Order shall give notice of that fact as soon as practicable in accordance with article 5(1) below.

3ASharing information and providing advice on porcine epidemic diarrhoea: EnglandF1F2 E

(1)

Where a person has given notice to the Secretary of State of suspected porcine epidemic diarrhoea in pigs in England in accordance with article 3, this article applies.

(2)

The Secretary of State must, as soon as reasonably practicable, supply the following information to the Agriculture and Horticulture Development Board—

(a)

the contact details of the person in possession of the pigs suspected of being infected with porcine epidemic diarrhoea, and

(b)

the location of the suspect premises.

(3)

Following receipt of the information mentioned in paragraph (2), the Agriculture and Horticulture Development Board may—

(a)

provide advice to the person in possession of the pigs about the disease;

(b)

advise any pig keeper whose pigs are suspected of having contact with the suspect premises, and other pig keepers in the vicinity of the suspect premises, to take appropriate precautions to protect their pigs from porcine epidemic diarrhoea.

(4)

Where a faecal sample tests positive for porcine epidemic diarrhoea, the Agriculture and Horticulture Development Board may—

(a)

advise any pig keeper whose pigs are suspected of having contact with the suspect premises, and other pig keepers in the vicinity of the suspect premises, of the positive test result for porcine epidemic diarrhoea;

(b)

disseminate the fact of the positive laboratory test result to those persons appearing to it to be representative of the interests of those in the pig industry as it considers appropriate.

(5)

Prior to advising any pig keeper in accordance with paragraph (3)(b) or (4)(a), or disseminating information in accordance with paragraph (4)(b), the Agriculture and Horticulture Development Board must inform the person in possession of the affected pigs of its intention to give such advice or disseminate such information (as the case may be).

4Notification of spongiform encephalopathyF1I1

(1)

For the purposes of the Animal Health Act 1981 in its application to this article—

(a)

the definition of “animals” in section 87(1) is hereby extended to comprise—

(i)

any kind of mammal except man, and

(ii)

any kind of four-footed beast which is not a mammal;

(b)

the definition of “poultry” in section 87(4) is hereby extended to comprise birds of all species; and

(c)

the definition of “disease” in section 88(1) is hereby extended to comprise any form of spongiform encephalopathy.

(2)

A person who, in the course of a laboratory examination of the carcase of any poultry, or of any animal other than a sheep, goat or animal of the bovine species, reasonably suspects the presence of spongiform encephalopathy, shall—

(a)

give notice of that fact as soon as practicable in accordance with article 5(1) below;

(b)

retain the sample examined and the remainder of the carcase until its disposal is authorised in writing by a veterinary inspector; and

(c)

if required in writing to do so by a veterinary inspector, surrender any samples in whatever form they are to a veterinary inspector.

(3)

This article shall not apply in relation to any spongiform encephalopathy which has been deliberately introduced into an animal, a carcase or a sample in a laboratory.

4ANotification of infection with Batrachochytrium salamandrivorans: EnglandF1 E

(1)

For the purposes of the Animal Health Act 1981 in its application to this article—

(a)

the definition of “animals” in section 87(1) of the Act is extended to include relevant amphibians;

(b)

the definition of “disease” in section 88(1) of the Act is extended to include infection with Batrachochytrium salamandrivorans.

(2)

A person who—

(a)

has in his possession or under his charge a relevant amphibian, and

(b)

knows, or reasonably suspects, that the relevant amphibian is infected with Batrachochytrium salamandrivorans,

must give notice of that knowledge or suspicion as soon as practicable.

(3)

A veterinary surgeon or other person who, in the course of his duties—

(a)

examines or inspects a relevant amphibian, and

(b)

knows or reasonably suspects that the relevant amphibian is infected with Batrachochytrium salamandrivorans,

must give notice of that knowledge or suspicion as soon as practicable.

(4)

A person who—

(a)

analyses a sample taken from a relevant amphibian, and

(b)

knows or reasonably suspects that the sample taken from the relevant amphibian is infected with Batrachochytrium salamandrivorans,

must give notice of that knowledge or suspicion as soon as practicable.

(5)

In paragraphs (2) to (4), “relevant amphibian”—

(a)

means an amphibian of the group “Caudata”; and

(b)

includes the carcase of any such amphibian.

(6)

This article applies in relation to England only.

4BNotification of Ebola virus: EnglandF1 E

(1)

For the purposes of the Animal Health Act 1981 in its application to this article—

(a)

the definition of “animals” in section 87(1) of the Act is extended to include relevant primates;

(b)

the definition of “disease” in section 88(1) of the Act is extended to include infection with Ebola virus.

(2)

A person who—

(a)

has a relevant primate in his possession or under his charge, and

(b)

knows or reasonably suspects that the relevant primate is infected with Ebola virus,

must give notice of this knowledge or suspicion as soon as practicable.

(3)

A veterinary surgeon or other person who, in the course of his duties—

(a)

examines or inspects a relevant primate, and

(b)

knows or reasonably suspects that the relevant primate is infected with Ebola virus,

must give notice of this knowledge or suspicion as soon as practicable.

(4)

A person who, in the course of his duties—

(a)

analyses a sample taken from a relevant primate, and

(b)

knows or reasonably suspects that the sample taken from the relevant primate is infected with Ebola virus,

must give notice of this knowledge or suspicion as soon as practicable.

(5)

In paragraphs (2) to (4)—

(a)

“relevant primate” means any kind of primate except man, and;

(b)

includes the carcase or any part of the carcase of a primate.

(6)

This article applies in relation to England only.

5NoticeF1E1I1 E

(1)

A notice under this Order shall be given to—

(a)

the F2Secretary of State;

(b)

an inspector; or

(c)

a constable of the police area in which the animal or carcase is situated.

(2)

An inspector (other than a veterinary inspector) or a constable who receives notice under this Order shall immediately inform a veterinary inspector of the facts notified.

(F33)

Sub-paragraphs (b) and (c) of paragraph (1) do not apply in the case of notice given under article 4A or 4B.

6OffencesF1I1

Any person who, without lawful authority or excuse, contravenes or fails to comply with F2article 3, 4, 4A or 4B of this Order shall be guilty of an offence against the Animal Health Act 1981.

7EnforcementF1I1

This Order shall be enforced by the local authority.

8RevocationsF1I1

The instruments in Schedule 2 of this Order are hereby revoked to the extent set out in Column 3 of that Schedule.

Signature

F1Angela Browning

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

7th October 1996

Lindsay

Parliamentary Under Secretary of State,

Scottish Office

15th October 1996

Signed by authority of the Secretary of State for Wales

Jonathan Evans

Parliamentary Under Secretary of State,

Welsh Office

7th October 1996

II1F1

  • F2African horse sickness

  • F3Bluetongue

  • Brucellosis caused by Brucella melitensis

  • Contagious agalactia

  • F4Contagious caprine pleuropneumonia

  • Contagious epidydimitis

  • Epizootic haemorrhagic virus disease

  • F5Equine infectious anaemia

  • F6Glanders (Burkholderia mallei)

  • Goat pox

  • F7Infection with Burkholderia mallei (glanders)

  • Lumpy skin disease

  • Peste des petits ruminants

  • F8Porcine epidemic diarrhoea

  • Rift Valley Fever

  • F9...

  • F10Surra (Trypanosoma evansi)

  • Teschen Disease

  • Vesicular Stomatitis

III1F1

  • Sheep pox

Schedule 1AFURTHER SPECIFIED DISEASES

  • F1Bovine genital campylobacteriosis

  • Bovine Viral Diarrhoea

  • Infection with porcine reproductive and respiratory syndrome virus

  • Infection with bovine rhinotracheitis or infectious pustular vulvovaginitis

  • Paratuberculosis

  • Trichomonosis

  • F2Bovine genital campylobacteriosis

  • Infection with porcine reproductive and respiratory syndrome virus

  • Infectious bovine rhinotracheitis/ infectious pustular vulvovaginitis

  • Paratuberculosis

  • Trichomonosis

Schedule 2REVOCATIONSI1F1

TitleReferenceExtent
The Specified Diseases (Notification) Order 1991S.I.1991/1155The whole instrument.
The Specified Diseases (Notification and Slaughter) Order 1992S.I.1992/3159Article 3 and Schedule 1.
The Spongiform Encephalopathy (Miscellaneous Amendments) Order 1994S.I.1994/2627Article 3.
The Animal Health Orders (Divisional Veterinary Manager Amendment) Order 1995S.I.1995/2922The reference to the Specified Diseases (Notification) Order 1991 at Paragraph 10 of Schedule 1, Part 1.

Explanatory note

(This note is not part of the Order)

This Order replaces the Specified Diseases (Notification) Order 1991, as amended—“the 1991 Order”. It extends the definition of “disease” in the Animal Health Act 1981 so as to comprise the diseases set out in Part I of Schedule 1 to the Order; sheep pox, which is in Part II of that Schedule, is already a disease for the purposes of that Act by virtue of section 88(1) of that Act (article 3(1)(b)).

The Order requires notification to be given of an occurrence or suspected occurrence of a disease specified in Schedule 1 to the Order to the Divisional Veterinary Manager, an inspector or a constable (articles 3 and 5).

Viral Haemorrhagic Disease, affecting rabbits, was a specified disease requiring notification under the 1991 Order. This Order omits that disease from the list of specified diseases.

Article 4 provides for the notification of spongiform encephalopathy in certain cases. A breach of articles 3 or 4 of the Order is an offence under the Animal Health Act 1981 (article 6).

The Order is enforced by the local authority (article 7).

The 1991 Order and amendments to it, are revoked to the extent set out in Schedule 2 to the Order (article 8).

A Cost Compliance Assessment in relation to this Order has been placed in the libraries of both Houses of Parliament and 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.