Tuberculosis (Deer) Notice of Intended Slaughter and Compensation Order 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/1316 |
| Year | 1989 |
1989No. 1316
ANIMALS
ANIMAL HEALTH
The Tuberculosis (Deer) Notice of Intended Slaughter and
Compensation Order 1989
30thJuly1989
4thAugust1989
1stSeptember1989
The Minister of Agriculture, Fisheries and Food in relation to England, and the Secretary of State in relation to Scotland or to Wales, in exercise of the powers conferred on them by sections 1, 8(1), 32(3), 34(7) and 86(1) of the Animal Health Act 1981 ( a) , and of all other powers enabling them in that behalf, with the approval of the Treasury in accordance with the said section 32(3), hereby make the following Order:
Title and commencement
1. This Order may be cited as the Tuberculosis (Deer) Notice of Intended Slaughter and Compensation Order 1989 and shall come into force on 1st September 1989.
Interpretation
2. In this Order, unless the context otherwise requires-
"the Act" means the Animal Health Act 1981;
"affected animal" means a deer which is affected with tuberculous emaciation, or is excreting or discharging tuberculous material, or is affected with a chronic cough and shows clinical signs of tuberculosis;
"appropriate Minister" means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or to Wales, the Secretary of State;
"deer" means a deer of any species;
"reactor" means a deer which gives rise to a reaction consistent with its being affected with tuberculosis when tested for that disease either by or on behalf of the appropriate Minister or otherwise, as the case may be, provided that in the case of a test otherwise so carried out the result thereof has been reported to the appropriate Minister.
Notification of intended slaughter of deer
3.-(1) Where the appropriate Minister intends to cause a deer to be slaughtered under section 32 of the Act in its application to tuberculosis ( b) a veterinary inspector may serve a notice in the form set out in the Schedule to this Order on the owner or person incharge of the deer informing him of the intended slaughter and requiring him to detain the deer pending such slaughter (or pending its surrender and removal for such slaughter) on such part of the premises on which it is kept as is specified in the notice and to isolate it as far as practicable from other deer and from cattle.
(2) The person on whom such a notice has been served-
(a) shall comply with the notice; and(b) shall not move the animal, or cause or permit it to be moved, off the part of the premises on which it is required to be detained, except under the authority of a licence issued by an officer of the appropriate Minister.(a) 1981 c.22; section 86(1) contains a definition of "the appropriate Minister" relevant to the exercise of the statutory powers under which this Order is made. The definition of "disease" in section 88(1) of the Act was extended, in relation to England and Wales, by article 3 of S.I. 1984/1943 so as to include tuberculosis and, in relation to Scotland, by a corresponding provision of S.I. 1984/2063.
(b) Section 32 was applied to tuberculosis in relation to England and Wales, by article 3 of...
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