The Exotic Disease (Amendment) (England) Order 2024

Amendments to the Movement of Animals (Restrictions) (England) Order 2002

3.—(1) The Movement of Animals (Restrictions) (England) Order 2002(1) is amended as follows.

(2) After article 5 (declaration of a temporary control zone) insert—

“Declaration of an infected area

5A.— (1) If the Secretary of State considers that disease exists or has existed in the preceding 56 days on any premises, he may declare an area to be an infected area.

(2) An infected area declared under paragraph (1) must be of such size as the Secretary of State considers necessary in order to prevent the spread of disease.

(3) A declaration under paragraph (1) must specify one or more of the following—

(a) the disease in respect of which the infected area is being declared;

(b) the species of animals to which the declaration relates;

(c) the premises within the infected area to which the declaration relates;

(d) the biosecurity measures which must be taken on premises within the infected area; or

(e) such other measures that are to apply in the infected area, or in any part of that area, as the Secretary of State considers necessary in order to prevent the spread of disease.

(4) No person shall move an animal belonging to a species to which a declaration under paragraph (1) relates, into or out of an area declared to be an infected area under this Order, except under the authority of a licence issued by a veterinary inspector or an inspector under the direction of a veterinary inspector.

(5) No person shall move an animal to or from premises within an area declared to be an infected area under this Order, except under the authority of a licence issued by a veterinary inspector or an inspector acting under the instructions of a veterinary inspector.

(6) For the purposes of this article, any premises which are partly inside and partly outside an infected area are deemed to be wholly within that area.

(7) Where an animal is transiting an area declared to be an infected area under this Order, the animal must be moved in a vehicle and by the shortest available route without being unloaded.

(8) A declaration made under this Order may be amended, suspended or revoked by the Secretary of State at any time.

(9) A declaration made under this Order and any amendment, suspension or revocation of the declaration must be in writing”.

(3) For article 12 (local authority to enforce order) substitute—

“Enforcement

12.— (1) Subject to paragraph (2), the provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.

(2) The Secretary of State may direct, in relation to cases of a particular description or to particular cases, that this Order is instead to be enforced by the Secretary of State.

(3) Where the Secretary of State makes a direction under paragraph (2), the Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under section 73 of the Act relating to this Order”.

(1)

S.I. 2002/3229, amended by S.I. 2007/2809.