Animal Health and Welfare Act 1984

JurisdictionUK Non-devolved
Citation1984 c. 40
Year1984
for paragraph (a) (seizure of carcases and other specified things) there is substituted—
  • (a) for the seizure of anything, whether animate or inanimate, by or by means of which it appears to them that any disease to which this subsection applies might be carried or transmitted, and
; and
for the seizure of anything, whether animate or inanimate, by or by means of which it appears to them that any disease to which this subsection applies might be carried or transmitted, andfor the words from “disease” to the end there is substituted “ such disease ”.(2) After that subsection there is inserted—
  • “(1A) Subsection (1) above does not authorise provision for the seizure of any animal; but such an order may provide for the seizure of carcases and of anything obtained from or produced by an animal.In this subsection, ”animal’ includes anything that may, by virtue of an order under section 87 below, be included for any of the purposes of this Act in the definition of animals or of poultry contained in that section, and “carcases” is to be construed accordingly.
Subsection (1) above does not authorise provision for the seizure of any animal; but such an order may provide for the seizure of carcases and of anything obtained from or produced by an animal.In this subsection, ”animal’ includes anything that may, by virtue of an order under section 87 below, be included for any of the purposes of this Act in the definition of animals or of poultry contained in that section, and “carcases” is to be construed accordingly.in subsection (1) (b) (duty to pay compensation for things seized under section 35(1) , except carcases of animals or birds affected with disease) after the words “carcase of” there is inserted “ or anything obtained from or produced by ”, andin subsection (2) (power to pay compensation for such carcases) for the words “seized as mentioned above of” there is substituted “ of, or things obtained from or produced by ” and, at the end of that subsection, there is inserted “ being carcases or things seized under an order made by virtue of section 35(1) above ”.(1) In section 63(9) of that Act (power of entry of Ministry inspectors in respect of pleuro-pneumonia, foot-and-mouth disease or swine fever) , for the words from “for the purpose of ascertaining” to the end there is substituted “enter any land, building or other place, on or in which he has reasonable grounds for supposing that animals are or have been kept, for the purpose of ascertaining whether any disease exists there or has within 56 days existed there.This subsection does not have effect in relation to poultry.”(2) In section 87(4) of that Act (application of Act to poultry) , in the second sentence (provisions not so applied) for the words from “7(2) ” to the end there is substituted “ 15(5) , 32(4) and 63(9) ”.
  • Where, apart from this section, any power to make provision by an order under the
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  • F11For section 3 of that Act (regulations for securing humane conditions of slaughter) there is substituted—
      (3) Regulations for securing humane conditions of slaughter.
    • “(1) The Ministers may make regulations for the purpose of securing humane conditions and practices in connection with the slaughter of birds to which this Act applies.
    • (2) The regulations may—
    • (a) specify conditions to be observed in connection with the confinement and treatment of any such birds while awaiting slaughter and in connection with the slaughter of any such birds;
    • (b) prohibit the slaughter of any such birds or any activity connected with their slaughter—
    • (i) on premises to which the regulations apply, or
    • (ii) by methods or in circumstances of any description specified in the regulations,
    • except under and in accordance with the terms of a licence under the regulations;
  • The Ministers may make regulations for the purpose of securing humane conditions and practices in connection with the slaughter of birds to which this Act applies.specify conditions to be observed in connection with the confinement and treatment of any such birds while awaiting slaughter and in connection with the slaughter of any such birds;on premises to which the regulations apply, orby methods or in circumstances of any description specified in the regulations,require occupiers of premises to which the regulations apply to secure that the provisions of the regulations are complied with on the premises;make different provision for different cases;provide, in the case of any contravention of any provision of the regulations, for the creation of offences and their punishment on summary conviction with a fine of an amount not exceeding that specified in the regulations.the granting, modification, suspension and revocation of licences by local authorities and, in connection with those matters, the charging of such reasonable fees as the authority concerned may determine;the requirements to be satisfied for the granting of licences and the conditions to which they are to be subject; andthe duration of licences.The amount that may be specified under subsection (2) (e) of this section is an amount not exceeding level 3 on the standard scale.Subsections (2) and (3) of this section are without prejudice to the generality of subsection (1) of this section.The Ministers shall, before making any regulations under this section, consult with such persons or bodies as seem to them representative of the interests concerned.The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
  • F12After section 3 of that Act there is inserted—
      (3A) Codes of practice.
    • “(1) The Ministers may from time to time after consultation with such persons or bodies as seem to them representative of the interests concerned—
    • (a) prepare and issue codes of practice for the purpose of providing practical guidance in respect of any provision of this Act or regulations under it; and
    • (b) revise any such code by revoking, varying, amending or adding to the provisions of the code.
  • prepare and issue codes of practice for the purpose of providing practical guidance in respect of any provision of this Act or regulations under it; andrevise any such code by revoking, varying, amending or adding to the provisions of the code.A code prepared in pursuance of this section and any alterations proposed to be made on a revision of such a code shall be laid before both Houses of Parliament, and the Ministers shall not issue the code or revised code, as the case may be, until after the end of the period of 40 days beginning with the day on which the code or the proposed alterations were so laid.If, within the period mentioned in subsection (2) of this section, either House resolves that the code be not issued or the proposed alterations be not made, as the case may be, the Ministers shall not issue the code or revised code (without prejudice to their power under that subsection to lay further codes or proposed alterations before Parliament) .where a code or proposed alterations are laid before each House of Parliament on different days, the later day shall be taken to be the day

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