Diseases of Animals Act 1894

JurisdictionUK Non-devolved
Citation1894 c. 57


Diseases of Animals Act, 1894

(57 & 58 Vict.) CHAPTER 57.

An Act to consolidate the Contagious Diseases (Animals) Acts, 1878 to 1893.

[25th August 1894]

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:

Central and Local Authorities.

Central and Local Authorities.

S-1 Powers of Board of Agriculture in England, Wales, and Scotland.

1 Powers of Board of Agriculture in England, Wales, and Scotland.

1. The powers and duties conferred and imposed by this Act on the Board of Agriculture as regards England and Wales and Scotland, shall be executed and discharged by the Board in manner provided by the Board of Agriculture Act, 1889, and this Act.

S-2 Local authorities to execute Act.

2 Local authorities to execute Act.

2. The local authorities in this Act described shall execute and enforce this Act and every order of the Board of Agriculture so far as the same are to be executed or enforced by local authorities.

S-3 Local authorities in England and Wales.

3 Local authorities in England and Wales.

3. The local authorities in England and Wales shall be—

(i)for each borough not being a borough to which section thirty-nine of the Local Government Act, 1888, applies, the borough council;

(ii) for the residue of each administrative county, the county council.

Provided that the mayor and commonalty and citizens of the city of London, acting by the mayor, aldermen, and commons of that city in common council assembled, shall be the local authority for the city of London, and shall be the local authority in and for the county of London for the purpose of the provisions of this Act relating to foreign animals.

Separation of Diseased Animals and Notice to Police.

Separation of Diseased Animals and Notice to Police.

S-4 Separation of diseased animals, and notice to constable.

4 Separation of diseased animals, and notice to constable.

(1)4.—(1.) Every person having in his possession or under his charge an animal affected with disease shall—

(a ) as far as practicable keep that animal separate from animals not so affected; and

(b ) with all practicable speed give notice of the fact of the animal being so affected to a constable of the police force for the police area wherein the animal so affected is.

(2) (2.) The constable to whom notice is given shall forthwith give information thereof to such person or authority as the Board of Agriculture by general order direct.

(3) (3.) The Board may make such orders as they think fit for prescribing and regulating the notice to be given to or by any person or authority in case of any particular disease or in case of the illness of an animal, and for supplementing or varying for those purposes any of the provisions of this section.

Cattle Plague.

Cattle Plague.

S-5 Cattle plague infected place.

5 Cattle plague infected place.

(1)5.—(1.) Where it appears to an inspector that cattle plague exists, or has within ten days existed, in a cow-shed, field, or other place, he shall forthwith make and sign a declaration thereof.

(2) (2.) He shall serve a notice, signed by him, of that declaration on the occupier of that cow-shed, field, or other place.

(3) (3.) Thereupon that cow-shed, field, or other place, with all lands and buildings contiguous thereto in the same occupation, shall become and be a place infected with cattle plague, subject to the determination and declaration of the Board of Agriculture.

(4) (4.) The inspector shall serve a like notice, signed by him, unless in the circumstances this appears to him not to be expedient, on the occupiers of all lands and buildings, any part whereof lies, in his judgment, within one mile in any direction from that cow-shed, field, or other place, or on the occupiers of any of those lands and buildings.

(5) (5.) Thereupon all the lands and buildings aforesaid, on the occupiers whereof the inspector serves such a notice, shall become and be part of the place infected with cattle plague, subject to the determination and declaration of the Board.

(6) (6.) The inspector shall, with all practicable speed, inform the Board and the local authority of his declaration and notices, and shall send to the Board his declaration and a copy of his secondly-mentioned notice (if any).

(7) (7.) The Board shall forthwith on receipt of the information inquire into the correctness of the inspector's declaration.

(8) (8.) If the Board are satisfied of the correctness of that declaration as regards the existence or past existence of cattle plague, they shall by order determine and declare accordingly, and prescribe the limits of the place infected with cattle plague.

(9) (9.) If the Board are not satisfied of the correctness of the inspector's declaration as regards the existence or past existence of cattle plague, they shall by order determine and declare accordingly; and thereupon, as from the time specified in the order, the place comprised in the inspector's declaration and notices shall cease to be a place infected with cattle plague.

(10) (10.) The Board may at any time, if they think fit, on any evidence satisfactory to them, by order—

(a ) declare any cow-shed, field, or other place with or without any lands or buildings adjoining or near thereto, to be a place infected with cattle plague; or

(b ) extend, contract, or otherwise alter the limits of a place infected with cattle plague; or

(c ) declare a place infected with cattle plague or any part thereof to be free from cattle plague.

S-6 Cattle plague infected area.

6 Cattle plague infected area.

6. The Board of Agriculture may at any time, if they think fit, by order—

a ) declare any area, wherein a place infected with cattle plague is situate, to be an area infected with cattle plague; or
b ) extend, contract, or otherwise alter the limits of an area infected with cattle plague; or
c ) declare an area infected with cattle plague or any part thereof to be free from cattle plague
S-7 Slaughter by Beard of Agriculture in cattle plague, and compensation out of public money.

7 Slaughter by Beard of Agriculture in cattle plague, and compensation out of public money.

(1)7.—(1.) The Board of Agriculture shall cause to be slaughtered—

(i) all animals affected with cattle plague, and

(ii) all animals being or having been in the same shed, stable, herd or flock, or in contact with an animal affected with cattle plague.

(2) (2.) The Board may, if they think fit, in any case cause to be slaughtered—

(i) any animals suspected of being affected with cattle plague, or being in a place infected with cattle plague;

(ii) any animals being in such parts of an area infected with cattle plague as are not comprised in a place infected with cattle plague (but in this last-mentioned case subject to such regulations as the Treasury think fit to make).

(3) (3.) The Board shall for animals slaughtered under this section pay compensation as follows, out of money provided by Parliament:—

(a. ) Where the animal slaughtered was affected with cattle plague, the compensation shall be one half of its value immediately before it became so affected, but so that the compensation does not in any such case exceed twenty pounds; and

(b. ) In every other case the compensation shall be the value of the animal immediately before it was slaughtered, but so that the compensation does not in any case exceed forty pounds.

Infected Places, Areas, and Circles for Diseases generally.

Infected Places, Areas, and Circles for Diseases generally.

S-8 Pleuro-pneumonia or foot-and-mouth disease infected place.

8 Pleuro-pneumonia or foot-and-mouth disease infected place.

(1)8.—(1.) Where it appears to an inspector of a local authority that pleuro-pneumonia or foot-and-mouth disease exists, or has within the period herein-after mentioned existed, in a shed, field, or other place, he shall forthwith make and sign a declaration thereof. For the purposes of this sub-section the period shall be in the case of pleuro-pneumonia fifty-six days, and in the case of foot-and-mouth disease ten days.

(2) (2.) The inspector shall serve a notice, signed by him, of the declaration on the occupier of that shed, field, or other place, and, in the case of foot-and-mouth disease, also on the occupier of any land or buildings contiguous thereto as he may consider necessary.

(3) (3.) Thereupon that shed, field, or other place shall become and be a place infected with pleuro-pneumonia or foot-and-mouth disease, as the case may be, subject to the determination and declaration of the local authority.

(4) (4.) The inspector shall, with all practicable speed, inform the local authority of his declaration and notice, and shall send his declaration and a copy of his notice to the local authority, and shall, with all practicable speed, inform the Board of Agriculture of his declaration and notice, and send a copy of the same to the Board.

(5) (5.) The local authority shall forthwith on receipt of that information inquire into the correctness of the inspector's declaration, with the assistance and advice, in the case of pleuro-pneumonia, and if so required by order of the Board in the case of foot-and-mouth disease, of a veterinary inspector, or of a person qualified according to this Act to be such.

(6) (6.) If the local authority are satisfied of the correctness of the inspector's declaration as regards the existence or past existence of pleuro-pneumonia or foot-and-mouth disease, they shall by order determine and declare accordingly, and prescribe the limits of the place infected with pleuro-pneumonia or foot-and-mouth disease, and may, if they think fit, include within those limits any lands or buildings adjoining or near to the shed, field, or other place to which the inspector's declaration relates.

(7) (7.)...

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