Agriculture (Miscellaneous Provisions) Act 1972

JurisdictionUK Non-devolved
Citation1972 c. 62


Agriculture (Miscellaneous Provisions) Act 1972

1972 CHAPTER 62

An Act to make new provision for the prevention of diseases suffered or disseminated by animals and to amend the Diseases of Animals Act 1950; to amend the law relating to slaughterhouses, to the slaughter of animals in Scotland and to the improvement of live stock; to amend Part II of the Agriculture Act 1967; to make new provision in relation to the Agricultural Marketing Fund and the Agricultural Marketing (Scotland) Fund; to increase the amount which may be advanced under section 2 of the Agriculture Mortgage Corporation Act 1956; to increase the penalties under the Agriculture (Poisonous Substances) Act 1952 and the Agriculture (Safety, Health and Welfare Provisions) Act 1956; to make new provision with respect to arbitrations under the Agricultural Holdings Act 1948; to amend the Cereals Marketing Act 1965; to amend the Corn Returns Act 1882 and the Corn Sales Act 1921; to make new provision for obtaining agricultural statistics; to make further provision as to the use of poison against grey squirrels or coypus; to clarify the Plant Health Act 1967 as respects the recovery of expenses incurred by an authority exercising default powers under orders made by virtue of that Act; to abolish agricultural executive committees and certain other committees having functions in relation to agriculture or apiculture; to confer powers on the Secretary of State in relation to certain parks and other land in Scotland; to repeal paragraph (f ) of Case 14 in Schedule 3 to the Rent Act 1968 and paragraph (f ) of Case 15 in Schedule 3 to the Rent (Scotland) Act 1971; and for purposes connected with those matters.

[9th August 1972]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Control of zoonoses.

1 Control of zoonoses.

(1) This section shall have effect with a view to reducing the risk to human health from any disease of, or organism carried in, animals; and the Ministers may by order designate any such disease or organism which in their opinion constitutes such a risk as aforesaid.

(2) Where any disease or organism is for the time being designated under this section, the Ministers may by order—

(a ) provide for any provision of the Diseases of Animals Act 1950 which has effect in relation to the disease to have effect in relation thereto subject to such modifications as may be specified in the order;

(b ) apply any provision of that Act, subject to any modifications so specified, in relation to the presence of the organism in an animal as if the presence of the organism were a disease to which that Act applied.

(3) The Ministers may by order make provision for requiring a person who, in such circumstances as are specified by the order, knows or has reason to suspect that an animal of such description as is specified in the order is or was—

(a ) affected with a disease designated under this section; or

(b ) a carrier of an organism so designated,

to furnish to such person and in such form and within such period as are specified in the order such information relating to the animal as is so specified.

(4) If it appears to the Minister that a person may have information relating to an animal affected with a disease designated under this section or an animal which is a carrier of an organism so designated, the Minister may by notice in writing require him to furnish to such person and in such form and within such period as are specified in the notice such information relating to the animal as he possesses and is so specified.

(5) Where a veterinary inspector has reason to believe that an animal such as is mentioned in subsection (4) of this section is or has been on any land he may, on producing if so required evidence of his authority—

(a ) enter the land and make such tests and take such samples of any animal, feeding stuff, litter, dung, vessel, pen, vehicle or other thing whatsoever which is on or forms part of the land as he thinks appropriate for the purpose of ascertaining whether such an animal is or has been on the land; and

(b ) require the owner or person having charge of any animals on the land to take such reasonable steps as the inspector may specify for the purpose of collecting or restraining them so as to facilitate the exercise in relation to them of the powers conferred on the inspector by the preceding paragraph.

(6) Any person who—

(a ) fails to comply with a requirement imposed on him by virtue of this section; or

(b ) in purported compliance with a requirement to furnish information which is imposed on him by virtue of this section, knowingly or recklessly furnishes information which is false in a material particular,

shall be guilty of an offence.

(7) This section shall have effect in relation to poultry as it has effect in relation to animals.

(8) In this section ‘the Ministers’ means the Minister and the Secretary of State acting jointly; and in the application of subsection (4) of this section to Scotland for any reference to the Minister there shall be substituted a reference to the Secretary of State.

(9) This section and the Diseases of Animals Act 1950 shall have effect as if this section were contained in that Act, except that in this section the expression ‘disease’ is not restricted by its definition in that Act.

S-2 Application of provisions of Diseases of Animals Act 1950 to further animals.

2 Application of provisions of Diseases of Animals Act 1950 to further animals.

(1) In paragraph (a of the Diseases of Animals Act 1950 (which enables the Minister and the Secretary of State acting jointly by order to extend the definition of animals in that Act so as to include any four-footed beasts not already mentioned in the definition), for the words ‘any other kind of four-footed beasts’ there shall be substituted the words ‘any kind of mammal, except man, and any kind of four-footed beast which is not a mammal’, and after that paragraph there shall be inserted the following paragraph—

‘(aa ) the Minister and the Secretary of State acting jointly may, for all or any of the purposes of this Act (except so far as it relates to disease), by order extend this definition so that it shall, for those purposes or any of them, comprise fish, reptiles, crustaceans or other coldblooded creatures of any species, not being creatures in respect of which an order can be made under the preceding paragraph’.

(2) The enactments and instruments with respect to which provision may be made by Order in Council by virtue of section 1(1)(h ) of the Hovercraft Act 1968 shall include the said Act of 1950 as amended by the preceding subsection and any instrument made under that Act as so amended.

S-3 Seizure of milk etc. liable to spread disease.

3 Seizure of milk etc. liable to spread disease.

3. In section 13 of the Agriculture (Miscellaneous Provisions) Act 1963(which among other things provides for the seizure and disposal of carcases and other things including eggs with a view to preventing the spread of certain diseases and for the payment in certain cases of compensation for things seized) after the word ‘eggs’ in subsection (1) there shall be inserted the words ‘milk, skim milk, whey, buttermilk, cream’.

S-4 Furnishing by milk marketing boards of information derived from tests of milk.

4 Furnishing by milk marketing boards of information derived from tests of milk.

(1) The relevant Minister may, by a direction in writing given to the board administering a scheme under the Agricultural Marketing Act 1958 for regulating the marketing of cows' milk, require the board to furnish in writing to any appropriate authority specified in the direction information of a description so specified, being information which is derived from tests of cows' milk carried out (whether before or after the giving of the direction) by or by agreement with the board and is of a kind appearing to the relevant Minister to be required by the appropriate authority for the purposes of any Milk and Dairies Regulations or for the purposes of any regulation, order or byelaw in force by virtue of the Milk and Dairies (Scotland) Acts 1914 to 1949 or the Food and Drugs (Scotland) Act 1956 ;and notwithstanding anything in section 47 of the said Act of 1958 (which restricts disclosure of information) it shall be the duty of the board to comply with the direction.

(2) In the preceding subsection—

‘appropriate authority’ means any of the following authorities, that is to say, the Minister, the Secretary of State, any county council in Scotland and any council of a large burgh in Scotland within the meaning of the Local Government (Scotland) Act 1947 , and any small burgh within the meaning of that Act shall, for the purposes of this section, be included in the county in which it is situated; and

‘the relevant Minister’ means the Secretary of State in relation to the board administering such a scheme as aforesaid for any area in Scotland and the Minister in relation to the board administering such a scheme for any other area;

and a direction under the preceding subsection may require different information to be furnished to different authorities and may be varied or revoked by a subsequent direction under that subsection.

(3) Information furnished under this section shall not be used as evidence in proceedings for an offence under any such regulation, order or byelaw as is mentioned in subsection (1) of this section.

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