Contagious Diseases (Animals) Act 1869
| Jurisdiction | UK Non-devolved |
| Citation | 1869 c. 70 |
| Year | 1869 |
Contagious Diseases (Animals) Act, 1869
(32 & 33 Vict.) CHAP. 70.
An Act to consolidate, amend, and make perpetual the Acts for preventing the introduction or spreading of Contagious or Infectious Diseases among Cattle and other Animals in Great Britain.
[9th August 1869]
Whereas it is expedient to confer on Her Majesty's most Honourable Privy Council power to take such measures as may appear from time to time necessary to prevent the introduction into Great Britain of contagious or infectious diseases among cattle, sheep, and other animals, by prohibiting or regulating the importation of foreign animals, and it is further expedient to provide against the spreading of such diseases in Great Britain, and to consolidate and amend and make perpetual the Acts relating thereto, and to make such other provisions as axe contained in this Act:
Be it therefore 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.Part I.—
1 Short title.
1. This Act may be cited as TheContagious Diseases (Animals) Act, 1869.
2 Extent of Act.
2. This Act shall not extend to Ireland.
3 Division of Act into parts.
3. This Act is divided into parts, as follows:—
Part I.—Preliminary.
Part II.—Local authorities.
Part III.—Foreign animals.
Part IV.—Discovery and prevention of disease.
Part V.—Slaughter in cattle plague; compensation.
Part VI.—Orders of Council and of local authorities.
Part VII.—Lands.
Part VIII.—Expenses of local authorities.
Part IX.—Offences and legal proceedings.
Part X.—Scotland.
4 Repeal of Acts in schedule.
4. The Acts described in the first schedule to this Act are hereby repealed, but this repeal shall not extend to Ireland, or affect the past operation of any of those Acts, or affect any order of Her Majesty in Council made, or any order or regulation of the Privy Council or of a local authority made, or any licence granted, or any committee or sub-committee constituted, or any appointment made, or any right, title, obligation, or liability accrued, or any rate or mortgage made, or the validity or invalidity of anything done or suffered, under any of those Acts, before the passing of this Act; nor shall this repeal interfere with the institution or prosecution of any proceeding in respect of any offence committed against, or any penalty or forfeiture incurred under, any of the Acts repealed by this Act, or any order or regulation made thereunder, or take away or abridge any protection or benefit conferred or secured by any of those Acts in relation to anything done thereunder before the passing of this Act; and, notwithstanding the repeal by this Act of any of those Acts, every local authority constituted thereby or thereunder shall (subject to any provision of this Act altering the local authority or the constitution thereof in any case) continue as if this Act had not been passed; and every such order, regulation, licence, committee, sub-committee, and appointment as aforesaid shall continue and be as if this Act had not been passed, but so that the same may be revoked, altered, or otherwise dealt with under this Act as if the same had been made, granted, or constituted under this Act.
5 Definition, &c. of Privy Council.
5. In this Act the term ‘the Privy Council’ means the lords and others of Her Majesty's most Honourable Privy Council.
All or any powers by this Act conferred on the Privy Council may be exercised by those lords and others or any two or more of them.
Powers by this Act conferred on the Privy Council may, as regards the making of orders affecting only specified ports, towns, or places, or parts thereof, and as regards the issuing and revocation of licences under any Order of Council, be exercised by the Lord President of the Council or one of Her Majesty's Principal Secretaries of State.
6 Interpretation of terms as to animals, &c.
6. In this Act—
The term ‘cattle’ means bulls, cows, oxen, heifers, and calves:
The term ‘animal’ means, except where it is otherwise expressed, cattle, sheep, goats, and swine:
The term ‘foreign,’ as applied to cattle or animals, means brought from any place out of the United Kingdom:
The term ‘cattle plague’ means the rinderpest, or disease commonly called the cattle plague:
The term ‘contagious or infectious disease’ includes cattle plague, pleuro-pneumonia, foot-and-mouth disease, sheep-pox, sheep-scab, and glanders, and any disease which the Privy Council from time to time by order declare to be a contagious or infectious disease for the purposes of this Act:
The term ‘railway company’ includes a company or person working a railway under lease or otherwise:
The term ‘person’ includes a body corporate or unincorporate.
7 Definition of boroughs and other places.
7. In this Act—
The term ‘borough’ means a place which is for the time being subject to the Act of the session of the fifth and sixth years of the reign of King William the Fourth (chapter seventy-six), ‘to provide for the regulation of municipal corporations in England and Wales,’ or which is a town or place having under any general or local Act of Parliament or otherwise a separate police establishment:
The term ‘county’ does not include a county of a city or county of a town, but includes any riding, division, or parts of a county, having a separate commission of the peace:
The term ‘metropolis’ includes all parishes and places in which the Metropolitan Board of Works have or had power to levy a main drainage rate.
For the purposes of this Act, the liberty of St. Albans, the liberty of the Isle of Ely, and the soke of Peterborough shall respectively be deemed separate counties, but all other liberties and franchises of counties shall be considered as forming part of the county by which they are surrounded, or if partly surrounded by two or more counties, then as forming part of that county with which they have the longest common boundary.
Every place that is not a borough, a county, or part of the metropolis as respectively defined in this Act, or is not separately mentioned in the second schedule to this Act, shall be deemed to form part of a county as defined in this Act to the county rate whereof it is assessed, or if it is not so assessed, then of the county within which it is situate.
8 Effect of schedules.
8. The schedules to this Act shall be construed and have effect as part of this Act.
Local Authorities.Part II.—
9 Local authorities, &c. in schedule.
9. For the purposes of this Act, the respective districts, authorities, rates or funds, and officers described in the second schedule to this Act, shall be the district, the local authority, the local rate, and the clerk of the local authority.
10 Local authority in city of London.
10. Notwithstanding anything in this Act or the second schedule thereto, within the city of London and the liberties thereof the mayor, aldermen, and commons of the city of London shall be the local authority, and the town clerk shall be the clerk of the local authority, and the consolidated rate shall be the local rate, but the city of London and the liberties thereof shall nevertheless be deemed part of the metropolis for the purposes of the local rate described in the second schedule to this Act in relation to the metropolis.
11 Appointment of committees.
11. With respect to committees of a local authority, the following provisions shall have effect:—
(1) (1.) A local authority shall form a committee or committees, and may delegate to any such committee all or any powers conferred on the local authority by this Act, except the power to make a rate:
(2) (2.) A local authority may from time to time revoke or alter any power given by them to a committee:
(3) (3.) A local authority may appoint and designate any such committee as their executive committee for the purposes of this Act:
(4) (4.) Such an executive committee shall have all the powers of the local authority under this Act, except the power to make a rate, and may appoint a sub-committee or sub-committees, and delegate to them all or any powers of the executive committee, with or without conditions or restrictions, and from time to time revoke or alter any such delegation, and fix the quorum, and add to or diminish the number of the members, or otherwise alter the constitution of a sub-committee, and lay down rules for the guidance of a sub-committee, who shall act accordingly:
(5) (5.) Proceedings of a committee or sub-committee shall not be invalidated by any vacancy in the committee or sub-committee, or, in case of a committee appointed by general or quarter sessions of a county, by the termination of the sessions at which they were appointed:
(6) (6.) In case of the formation of two or more committees, they shall act according to rules laid down for their guidance by the local authority:
(7) (7.) The regulations contained in the third schedule to this Act shall have effect with respect to committees and sub-committees.
Inspectors and Officers.
12 Appointment of inspectors and other officers bylocal authorities.
12. Every local authority shall from time to time appoint so many inspectors and other officers as appear to the local authority necessary for the execution of this Act, and shall assign them such duties and award them such salaries or allowances as the local authority think fit, and may at any time revoke any appointment so made, but so that every local authority shall at...
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