Contagious Diseases (Animals) Act 1867
| Jurisdiction | UK Non-devolved |
| Citation | 1867 c. 125 |
| Year | 1867 |
Contagious Diseases (Animals) Act, 1867.
(30 & 31 Vict.) C A P. CXXV.
An Act to continue and amend the Acts relating to Contagious or Infectious Diseases among Cattle and other Animals.
[20th August 1867]
B E 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:
Preliminary.
1 Short Title.
1. This Act may be cited as TheContagious Diseases (Animals) Act, 1867.
2 Extent of Act.
2. This Act shall not extend toIreland.
3 Construction of Terms.
3. This Act shall be read as One Act with the Acts enumerated in the First Schedule to this Act as far as they remain in force after the passing of this Act, which Acts are in this Act referred to as the former Acts, and for that Purpose the Term ‘this Act,’ where used in any of the former Acts, shall be construed to include the present Act, and where used in this Act shall be construed to include each of the former Acts, unless there is something in the Subject or Context inconsistent with such Construction; and such of the former Acts as are first, secondly, and fourthly described in that Schedule may be cited by the respective Short Titles appended to the Descriptions thereof in that Schedule; and the former Acts and this Act may be cited together as The Contagious Diseases (Animals) Acts.
4 Meaning of ‘Privy Council.’
4. Notwithstanding anything in any of the former Acts, the Term ‘Privy Council’ in the former Acts and this Act shall, as regards the making of Orders of Council affecting only Ports, Boroughs, Towns, or Places, or Parts thereof specified in such Orders, and as regards the issuing and Revocation of Licences under an Order of Council, be construed to mean the Lords and others of Her Majesty's Most Honourable Privy Council, or any Two of them, or the Lord President of the Council, or One of Her Majesty's Principal Secretaries of State.
Acts continued.
5 Continuance of Acts subject to partial Repeal.
5. Sections Eleven and Seventeen of The Cattle Diseases Prevention Act, 1866, are hereby repealed as from the passing of this Act, and the Residue of Part I. of that Act shall be deemed to be and to have always been in force at and before the passing of this Act, and, subject to such Repeal, the former Acts, as far as they are in force at the passing of this Act, shall be and the same are hereby continued (subject to the Provisions of this Act) until the Expiration of One Year after the passing of this Act and to the End of the then next Session of Parliament; but nothing herein (except the Repeal aforesaid) shall be deemed to cause the Discontinuance of any Provision of any of the former Acts sooner than it would have ceased to operate if this Act had not been passed.
Local Authorities.
6 Local Authority in Counties in Scotland.
6. With respect to Section Five of The Cattle Diseases Prevention Act, 1866, relating to Local Authorities in Counties inScotland, Vacancies from Time to Time happening by Death, Resignation, or otherwise, among the Members of such a Local Authority, shall be filled up by the Authority and in the Manner by and in which the Members vacating Office were respectively nominated; and the Persons nominated as in that Section or in this Section provided, and the Lord Lieutenant of the County the Convener of the County, and the Sheriff of the County (or in his Absence such One of his Substitutes within the County as he directs by Writing under his Hand), for the Time being, shall constitute the Local Authority; and the Chairman of the Local Authority, and in default of him the Convener of the County, and in default of him any Three Members of the Local Authority, may at any Time call a Meeting of the Local Authority, to be held at such Time and Place as he or they may fix.
7 Appointment of Executive Committee by Local Authority.
7. Where under Section Eight of The Cattle Diseases Prevention Act, 1866, a Local Authority forms a Committee, the Local Authority may, if it thinks fit, appoint and designate such Committee as its Executive Committee for the Purposes of this Act, and any Committee so appointed and designated shall have all the Powers of the Local Authority except the Power to make a Rate, and shall have Power to appoint a Sub-Committee or Sub-Committees, and to delegate to such Sub-Committee or Sub-Committees all or any of the Powers of the Executive Committee, with or without Conditions or Restrictions, and from Time to Time to revoke or alter any such Delegation, and shall also have Power to fix the Quorum, and from Time to Time to add to or diminish the Number of the Members, or otherwise alter the Constitution, of any such Sub-Committee, and to lay down Rules for the Guidance of any such Sub-Committee; and every such Sub-Committee shall act according to such Rules; and the Provisions of the said Section Eight relative to the Constitution and Proceedings of Committees formed by the Local Authority shall extend and apply to Sub-Committees formed by the Executive Committee.
Inspectors.
8 Appointment of Inspectors by Local Authorities.
8. Notwithstanding anything in Section Nine of The Cattle Diseases Prevention Act, 1866, every Local Authority shall at all Times keep appointed at least One such Inspector as in that Section mentioned; and where there is not at the passing of this Act any such Inspector for the District of any Local Authority, that Local Authority shall with all convenient Speed after the passing of this Act appoint at least One such Inspector.
The Privy Council, if satisfied on Inquiry that an Inspector appointed by a Local Authority is incompetent, or has been guilty of Misconduct or Neglect in the Discharge of his Duties, may remove him, and thereupon the Local Authority shall appoint another Person to fill the Vacancy.
Discovery of Disease.
9 Duties of Inspectors.
9. Every Inspector appointed by a Local Authority, on receiving Information of the supposed Existence of Cattle Plague in any Place within his District, shall proceed to that Place with all practicable Speed, and execute and discharge the Powers and Duties by Law conferred and imposed on him as such Inspector.
10 Extension of Power of Entry for Inspectors, &c.
10. Section Ten of The Cattle Diseases Prevention Act, 1866, shall be read and have Effect as if the Words ‘any Animal affected’ were therein substituted for the Words ‘Cattle affected.’
11 Provisional Declaration of infected Place by Inspector.
11. Where an Inspector finds Cattle Plague to exist within his District, he shall forthwith make a Declaration thereof under his Hand, and shall deliver a Notice under his Hand of such Declaration to the Occupier of the Field, Stable, Cowshed, or other Premises where the Disease is found, and thereupon the same, with all Lands and Buildings contiguous thereto in the same Occupation, shall become and be an infected Place, and the same shall continue to be an infected Place until the Determination and Declaration of the Local Authority relative thereto in this Act provided for.
12 Determination and Declaration of Local Authority.
12. Where an Inspector makes such a Declaration of the Existence of Cattle Plague he shall with all practicable Speed send a Copy thereof to the Privy Council, and deliver the Declaration to the Local Authority, who shall inquire into the Correctness thereof, and if it appears to them that Cattle Plague existed as declared by the Inspector, they shall so determine and declare, and shall prescribe the Limits of the infected Place; but if it appears to them that Cattle Plague did not exist as declared by the Inspector, and the same is certified to them in Writing by One or more duly qualified Veterinary Surgeons, they shall so determine and declare, and thereupon the Place comprised in the Inspector's Declaration or affected thereby shall cease to be an infected Place.
13 Declaration of infected Place by Local Authority or Council.
13. The following Authorities, that is to say, any Local Authority with respect to any Place within their District, and the Privy Council with respect to any Place inGreat Britain, may from Time to Time by Order declare any Field, Stable, Cowshed, or other Premises in which Cattle Plague exists at the Date of the Order or has existed within Seven Days before that Date, with or without a further Area, to be from and after a Time specified in the Order an infected Place.
14 Extent of infected Place under Declaration of Local Authority.
14. The Area of an infected Place may in all Cases of a Declaration by the Privy Council include, with the Field, Stable, Cowshed, or other Premises in which Cattle Plague has been found to exist, such an Area as to the Privy Council seems requisite; and the Area of an infected Place may in all Cases of a Declaration by a Local Authority include, with the Field, Stable, Cowshed, or other Premises in which Cattle Plague has been found to exist, all Lands and Buildings lying contiguous thereto being in the same Occupation, and within the District of the Local Authority, and also (except in the Metropolis) an Area comprised within One Mile from the Boundaries of those Lands in every Direction, but no more.
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