Fowl Pest (Infected Areas Restrictions) Order, 1956
| Jurisdiction | UK Non-devolved |
| Citation | SI 1956/1611 |
| Year | 1956 |
1956 No. 1611
POULTRY
The Fowl Pest (Infected Areas Restrictions) Order, 195615thOctober 1956
18thOctober 1956
The Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, in exercise of the powers vested in them under Sections 1, 10, 11, 20 and 45 of the Diseases of Animals Act, 1950(a), and of every other power enabling them in that behalf, hereby order as follows:—
Citation and Commencement
1. This Order may be cited as the Fowl Pest (Infected Areas Restrictions) Order, 1956, and shall come into operation on the 18th day of October, 1956.
Interpretation
2.—(1) In this Order:—
"the Act" means the Diseases of Animals Act, 1950;
"approved disinfectant" means an approved disinfectant as defined in the Diseases of Animals (Disinfection) Order of 1936(b); or a four per centum solution of sodium carbonate (washing soda);
"day-old chick" means a live bird of the following species, that is to say, domestic fowls, turkeys, geese, ducks and guinea-fowls during the first 72 hours of its life or while it has not been fed, whichever period is the shorter;
"equipment" includes utensils, pens, crates, baskets, boxes, sacks, nets and receptacles;
"Minister" and "Ministry" mean the Minister and Ministry of Agriculture, Fisheries and Food respectively;
"poultry" means live birds of the following species, that is to say, domestic fowls, turkeys, geese, ducks and guinea-fowls but does not include day-old chicks of the same species;
"premises" includes land with or without buildings;
"slaughterhouse" means any premises where poultry are habitually slaughtered;
"store poultry" means poultry not intended for immediate slaughter and being over the age of 28 days or, in the case of geese and ducks, over the age of nine days;
and other expressions have the same meanings as in the Act.
(2) The Interpretation Act, 1889(c), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
Application of Order
3.—(1) The Minister may make an order declaring any area as respects which he is satisfied that fowl pest is prevalent therein to be an area infected with that disease. Any such order may be varied by a subsequent order or may be revoked by a subsequent order declaring the area to be free from fowl pest. An area that is for the time being the subject of an order of the kind first before mentioned is hereinafter referred to as an Infected Area.
(2) The subsequent provisions of this Order shall be applicable to and have effect in every Infected Area subject nevertheless to such variations and exceptions (if any) as may be expressed in the order declaring the area to be an Infected Area or in any order varying that order.
(3) Any farm, holding, park or enclosure which is partly within and partly outside an Infected Area shall be deemed to be wholly within the area. For this purpose a detached part of a farm, holding or park shall be deemed to be a separate enclosure.
(a) 14 Geo. 6. c. 36.
(b) S.R. & O. 1938/191 (Rev. II, p. 320: 1938 I, p. 303).
(c) 52 & 53 Vict. c. 63.
RESTRICTIONS ON MOVEMENT OF POULTRY APPLICABLE TO AN INFECTED AREA
Movement out of an Infected Area
4.—(1) No poultry shall be moved out of an Infected Area, except under the authority of a licence issued under the provisions of this Article and in accordance with the conditions subject to which it is issued.
(2) A licence for the movement of poultry out of an Infected Area may be issued by a veterinary inspector or other officer of the Ministry only if—
(a) the Minister has declared, by a notice published in that area in such manner as he may determine to be best suited for informing persons concerned, that he considers it expedient that the movement of poultry thereout should be allowed in any case where they are to be used for special breeding purposes; and
(b) the Inspector or other officer is satisfied that the poultry are to be so used;
and the licence shall be in Form 1 set out in the First Schedule to this Order.
(3) The occupier of the premises to which poultry are moved under the authority of such a licence as aforesaid shall detain them on those premises for a period of 28 days from the date of their arrival.
Movement into an Infected Area
5.—(1) No poultry shall be moved into an Infected Area except under the authority of a licence issued under the provisions of this Article and in accordance with the conditions subject to which it is issued.
(2) A licence for the movement of poultry as aforesaid may be issued by a veterinary inspector or other officer of the Ministry—
(a) if he is satisfied that the poultry are for use for special breeding purposes and
(b) if the circumstances are such that he considers it expedient that such a licence should be issued;
and the licence shall be in Form 1 set out in the First Schedule to this Order.
(3) The occupier of the premises to which poultry are moved under the authority of such a licence as aforesaid shall detain them on those premises for a period of 28 days from the date of their arrival.
Movement within an Infected Area
6.—(1) No poultry shall be moved from premises within an Infected Area to other premises within that area except under the authority of a licence issued under the provisions of paragraph (2) or (4) of this Article and in accordance with the conditions subject to which it is issued.
(2) A licence for the movement of poultry as aforesaid may be issued by an inspector of a local authority, if he is satisfied—
(a) that the poultry are intended for immediate slaughter;
(b) that the poultry will be moved direct either
(i) to a slaughterhouse, or
(ii) to premises on which is to be held, on the day of the arrival of the poultry thereat, a market, fair or sale of poultry intended for immediate slaughter the holding of which is authorised under Article 8 of this Order; and
(c) that, on the premises to which the poultry are to be moved, there are no poultry other than such as are intended for immediate slaughter;
and the licence shall be in Form 2 set out in the First Schedule to this Order.
(3) The occupier of the premises to which poultry are moved under the authority of such a licence as is referred to in the last preceding paragraph shall slaughter them within 48 hours of their arrival at those premises and the poultry shall not be moved alive therefrom;
Provided that nothing in this paragraph shall apply to poultry which, on the day of their arrival at the...
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