Diseases of Animals Act 1975

JurisdictionUK Non-devolved
Citation1975 c. 40


Diseases of Animals Act 1975

1975 CHAPTER 40

An Act to make further provision for preventing the introduction or spreading, through imports into Great Britain, of diseases of animals and poultry, and for purposes connected therewith.

[3rd July 1975]

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 Extended power to prevent introduction and spread of diseases of animals and poultry.

1 Extended power to prevent introduction and spread of diseases of animals and poultry.

(1) For section 24 of the Diseases of Animals Act 1950 (in this Act referred to as ‘the principal Act’) there shall be substituted the following section:—

S-24 ‘Orders prohibiting or regulating import of animals etc.

24 ‘Orders prohibiting or regulating import of animals etc.

(1) The Minister and the Secretary of State acting jointly may by order make such provision as they think fit for the purpose of preventing the introduction or spreading of disease into or within Great Britain through the importation of—

(a ) animals and carcases,

(b ) poultry, carcases of poultry and eggs, and

(c ) other things, whether animate or inanimate, by or by means of which it appears to them that any disease might be carried or transmitted.

(2) Without prejudice to the generality of the powers conferred by this section and by section 1 of this Act, for the purpose specified in subsection (1) of this section an order under this section—

(a ) may prohibit or regulate the importation of any of the things specified in paragraphs (a ) to (c ) of subsection (1) above;

(b ) may make provision not only with respect to imports (including vessels, boats, hovercraft, aircraft and vehicles of other descriptions) but also with respect to persons, animals, poultry and other things which have been or may have been in contact with imports;

(c ) may make different provision in relation to different cases; and

(d ) may make provision with respect to any of the matters specified in Schedule 1 to this Act.

(3) An order under this section may provide that, in such circumstances as may be specified in the order, animals or poultry which—

(a ) are brought into Great Britain in such circumstances that they are not imported, within the meaning of this Act, and

(b ) whilst outside Great Britain have been or may have been in contact with any of the things specified in paragraphs (a ) to (c ) of subsection (1) above,

shall be deemed for the purposes of this section and Schedule 1 to this Act to be imported at the time when they are brought into Great Britain.

(4) In this section and in Schedule 1 to this Act the expression ‘animal’ includes—

(a ) any kind of mammal, except man,

(b ) any kind of four-footed beast which is not a mammal, and

(c ) fish, reptiles, crustaceans and other coldblooded creatures not falling within paragraph (a ) or paragraph (b ) above,

and the expression ‘disease’ is not restricted by the definition in this Act.

(5) Every order made under this section shall be laid before both Houses of Parliament after being made and, without prejudice to the construction of references to the Minister in any provision of this Act not contained in this section, an order under this section shall be treated for the purposes of any such provision as an order of the Minister.

(6) Paragraphs (a ) and (b ) of section 79(2) of the Customs and Excise Act 1952 (time of importation of goods brought by sea and air) shall have effect for the purposes of this section and Schedule 1 to this Act as they have effect for the purposes of that Act.’

(2) For Schedule 1 to the principal Act there shall be substituted the provisions set out in Schedule 1 to this Act.

S-2 Powers of entry.

2 Powers of entry.

(1) In section 73 of the principal Act (general powers of inspectors) after subsection (4) there shall be inserted the following subsections:—

(4A) For the purpose of ascertaining whether the provisions of any order under section 24 of this Act or the conditions of any licence issued in accordance with any such order are being complied with, an inspector may at any time enter—

(a ) any vessel, boat, hovercraft, aircraft or vehicle of any other description which is for the time being within the limits of a port, within the meaning of the Customs and Excise Act 1952 , or at a customs airport, within the meaning of that Act; or

(b ) any vessel, boat, hovercraft or aircraft which does not fall within paragraph (a ) above but which he has reasonable grounds for supposing has recently been brought into Great Britain.

(4B) Without prejudice to subsection (4A) above, an inspector may at any time enter—

(a ) any land, building or other place, or

(b ) any vessel, boat, hovercraft, aircraft or vehicle of any other description,

on or in which he...

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