Brucellosis (England and Wales) Order 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/1480 |
| Year | 1978 |
1978 No. 1480
ANIMALS
DISEASES OF ANIMALS
The Brucellosis (England and Wales) Order 197812thOctober 1978
1stNovember 1978
The Minister of Agriculture, Fisheries and Food, as respects England, and the Secretary of State, as respects Wales, in exercise of the powers conferred by sections 1, 5, 17(2), 19(7) and 85(1) of the Diseases of Animals Act 1950(a), as read with the Diseases of Animals (Extension of Definitions) Order 1971(b), and as extended by section 106(3) of the Agriculture Act 1970(c), and now vested in the said Minister in relation to England and the Secretary of State in relation to Wales(d), and of all their other enabling powers, hereby make the following order:—
Citation, operation and commencement
1. This order, which may be cited as the Brucellosis (England and Wales) Order 1978, applies in England and Wales and shall come into operation on 1st November 1978.
Interpretation
2.—(1) In this order, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them—
"abortion or premature calving" means an abortion or a calving which takes place less than 271 days after service or insemination, whether the calf is born alive or dead;
"the Act" means the Diseases of Animals Act 1950 as amended and extended by any subsequent Act;
"appropriate Minister" means in relation to areas or premises in England the Minister, and in relation to areas or premises in Wales the Secretary of State;
"appropriate officer" means a veterinary inspector or, in the case of premises in England, another officer of the Ministry or, in the case of premises situated in Wales, an officer of the Secretary of State;
"attested area" means an area declared to be an attested area under article 3(2) of this order;
"bovine animal" means a bull, cow, heifer or calf, but does not include a steer;
"brucellosis" means the disease caused by brucella abortus, otherwise known as epizootic abortion or contagious abortion;
(a) 1950 c. 36. For change of title of the Minister see S.I. 1955/5544.
(b) S.I. 1971/531.
(c) 1970 c. 40.
(d) In the case of the Secretary of State by virtue of the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272).
"dealer in bovine animals" means any person whose trade or business regularly includes the selling of bovine animals purchased by him for the purpose of resale within 28 days, and not for the purpose of rearing, fattening or breeding;
"eradication area" means an area declared to be an eradication area under article 3(1) of this order;
"full-term calving" means a calving which takes place 271 days or more after service or insemination, whether the calf is born alive or dead;
"licence" means any licence issued under this order by a veterinary inspector or other officer of the Ministry or by an officer of the Secretary of State, and includes any permit, approval or other form of authorisation;
"the Minister" and "the Ministry" means respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
"premises" includes land, with or without buildings, and where any person occupies together land which comprises two or more non-adjacent areas, each of those areas shall be deemed to be separate premises for the purposes of this order;
"reactor" means a bovine animal which gives rise to a reaction consistent with its being affected with brucellosis when tested for that disease either by or on behalf of the Minister or the Secretary of State or otherwise, as the case may be, provided that in the case of a test otherwise so carried out the result thereof has been reported to the Minister or the Secretary of State;
"slaughterhouse" means a slaughterhouse or knacker's yard, as defined in section 34 of the Slaughterhouses Act 1974(a);
"steer" means a castrated bull or male calf aged six months or over;
"veterinary inspector" means a veterinary inspector appointed by the Minister.
(2) Other expressions used in this order have, so far as the context admits, the same meanings as in the Diseases of Animals Act 1950.
(3) References in this order to any enactment or order are (unless the context otherwise requires) references thereto as from time to time amended or replaced.
(4) The Interpretation Act 1889(b) applies to the interpretation of this order as it applies to the interpretation of an Act of Parliament and as if this order and the orders revoked by it were Acts of Parliament.
Declaration of brucellosis eradication and attested areas
3.—(1) The areas described in Schedule 1 hereto, being areas as respects which the appropriate Minister is satisfied that a substantial majority of the cattle therein are free from brucellosis, are hereby declared to be eradication areas for purposes connected with the control of brucellosis.
(2) The areas described in Schedule 2 hereto, being areas as respects which the appropriate Minister is satisfied that brucellosis in cattle is for practical purposes non-existent therein, are hereby declared to be attested areas for purposes connected with the control of brucellosis.
Application of articles 6 to 23 and 27
4.—(1) The provisions of articles 6 to 23 and article 27 of this order shall not apply to or have effect in—
(a) 1974 c. 3.
(b) 1889 c. 63.
(a) the eradication areas described in Part II of Schedule 1 hereto until 1st March 1979;
(b) the eradication areas described in Part III of that Schedule until 1st November 1979.
(2) The provisions of this order shall not apply to an export quarantine station, within the meaning of section 36(1) of the Diseases of Animals Act 1950, which is situated within an eradication area or attested area unless that station is referred to in the description of that area.
(3) The provisions of this order shall not apply in relation to approved premises, within the meaning of the Importation of Animals Order 1977(a), and shall apply in relation to imported animals only—
(a) from the time specified in the licence issued in respect of those animals under article 11(5) of that order; or
(b) where the existence or suspected existence of disease in any part of Great Britain makes it expedient that no such licence should be issued for the time being, from the time when those animals have completed the period of detention in quarantine required under the provisions of that order or, as the case may be, have been rested at an approved reception centre for the period so required.
(4) For the purposes of this order, premises which—
(a) are situated partly within an area to which this order applies, and partly outside any such area, shall be deemed to be wholly within that area;
(b) are situated partly within an attested area or areas and partly within an eradication area or areas, shall be deemed to be wholly within that attested area within which the greater or greatest part of the premises is situated;
(c) are situated wholly or partly within two or more attested areas or two or more eradication areas, shall be deemed to be within that area within which the greater or greatest part of the premises is situated.
Restriction on vaccination
5.—(1) No person other than—
(a) a veterinary inspector,
(b) a veterinary surgeon authorised for the purpose by the appropriate Minister,
(c) a person acting under the authority of a licence issued for the purpose by a veterinary inspector who complies with the conditions (if any) subject to which the licence is issued,
shall vaccinate bovine animals against brucellosis in an area declared by this order to be an eradication area or an attested area.
(2) No person shall treat bovine animals for brucellosis in an area declared by this order to be an eradication area or an attested area.
Movement of bovine animals into or through eradication areas or attested areas
6.—(1) No bovine animal shall be moved into an eradication area or attested area except under the authority of a licence issued in the case of bovine animals being moved:—
(a) from a place in England, by a veterinary inspector or other officer of the Ministry;
(a) S.I. 1977/994.
(b) from a place in Scotland or Wales, by a veterinary inspector or an officer of the Secretary of State;
and in accordance with the terms and conditions (if any) subject to which the licence is issued.
(2) The provisions of paragraph (1) above shall not apply to the movement, otherwise than on foot, of bovine animals—
(a) through an eradication area or attested area from a place outside that area direct to another place outside that area;
(b) into an eradication area or attested area direct to a slaughterhouse in that area (from which they shall not be removed alive) for the purpose of unloading and slaughter there;
(c) (other than reactors) into an eradication area or attested area direct to premises in that area for the purpose of unloading and sale there, being premises used for the time being in connection with the holding of a market under the authority of a licence issued under article 21 of this order imposing a condition that cattle in the premises may only be sold there for immediate slaughter;
(d) under the age of 6 months into an eradication area or attested area direct to premises in that area for the purpose of unloading and sale there, being premises used for the time being in connection with the holding of a market under the authority of a licence issued under article 21 of this order; or
(e) from one attested area to another attested area by a route which, disregarding any part thereof which involves the carriage of such animals by sea or air, is entirely over land comprised in an attested area.
(3) When bovine animals are moved into or through an eradication area or attested area in the circumstances referred to in any of sub-paragraphs (a) to (d) of paragraph (2) above, the person in charge of those animals shall ensure that they do not come into contact with any other bovine animals, other than those with which they were in contact immediately before they entered the area...
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