Importation of Birds, Poultry and Hatching Eggs Order 1979

JurisdictionUK Non-devolved
CitationSI 1979/1702
Year1979

1979 No. 1702

POULTRY

The Importation of Birds, Poultry and Hatching Eggs Order 1979

17thDecember 1979

31stDecember 1979

1stFebruary 1980

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 1, 24, 45, 84(2) and (3) and 85(1) of the Diseases of Animals Act 1950(a) and now vested in them(b), and of all other powers enabling them in that behalf, hereby order as follows:—

Citation, extent and commencement

1. This order, which may be cited as the Importation of Birds, Poultry and Hatching Eggs Order 1979, shall apply to Great Britain and shall come into operation on 1st February 1980.

Interpretation

2. In this order—

"the Act" means the Diseases of Animals Act 1950;

"appropriate Minister", in the application of this order to England, means the Minister of Agriculture, Fisheries and Food, in the application of this order to Scotland, means the Secretary of State for Scotland, and, in the application of this order to Wales, means the Secretary of State for Wales;

"disease" means any disease of birds;

"eggs" means eggs of poultry imported for incubation;

"licence" means a licence issued under article 4(1) of this order;

"poultry" means live birds of every species.

Extension of definitions of "poultry" and "disease"

3. For the purposes of the Act in its application to this order—

(a) the definition of the expression "poultry" in section 84(2) of the Act is hereby extended so as to comprise birds of every species, and

(b) the definition of the expression "disease" in section 84(3) of the Act is hereby extended so as to comprise any disease of birds.

(a) 1950 c. 36; section 24 was amended by section 1 of the Diseases of Animals Act 1975 (c. 40).

(b) By the Transfer and Functions (Animal Health) Order 1955 (S.I. 1955/958) and the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272).

Prohibition of landing of poultry and eggs

4.—(1) The landing in Great Britain of any poultry or eggs from a place outside Great Britain is hereby prohibited except under the authority of a licence in writing issued by the appropriate Minister and in accordance with the conditions of that licence.

(2) A licence may be either general or specific and may, in either case, be issued subject to such conditions specified therein as the appropriate Minister may see fit to impose for the purpose of preventing the introduction or spreading of disease into or within Great Britain.

(3) A general licence shall be issued by the publication of it in such manner and to such extent as appears to the appropriate Minister to be sufficient to bring it to the notice of those persons likely to be affected by it.

(4) The appropriate Minister may vary, revoke or suspend a licence—

(a) in the case of a general licence, by a notice published, so far as practicable, in the same manner and to the same extent as the licence; and

(b) in the case of a specific licence, by a notice in writing served on the person to whom the licence was issued.

Detention of poultry and eggs in quarantine

5.—(1) Poultry and eggs landed in Great Britain shall, except where the licence otherwise provides, be detained in quarantine, at the owner's expense, for such period and at such premises as shall, and subject to such conditions as may, be specified in the licence.

(2) Notwithstanding the provisions of paragraph (1) above, a veterinary inspector may, for the purpose of preventing the introduction or spreading of disease into or within Great Britain, by notice in writing served on the owner or the person in charge of poultry or eggs landed in Great Britain require such poultry or eggs to be detained in quarantine, at the owner's expense, for such period, or (where the poultry or eggs are being detained in quarantine at the time when the notice is served) for such further period, as shall be specified in the notice, and subject to such conditions as may be so specified...

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