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2004 No. 1202

ANIMALS, ENGLAND

ANIMAL HEALTH

The Animal Gatherings (England) Order 2004

  Made 26th April 2004 
  Coming into force 1st June 2004 


ARRANGEMENT OF ARTICLES

1. Title, application and commencement
2. Interpretation
3. Notices
4. Exceptions
5. The use of premises for animal gatherings
6. 27 day restriction on when an animal gathering can take place
7. Exemption from the 27 day restricted period for premises with a paved animal area
8. Time limits
9. Change to the starting time of animal gatherings for the purpose of sale
10. Dedicated slaughter sales and dedicated slaughter collections
11. Duties on persons at an animal gathering
12. Restrictions following an animal gathering
13. Enforcement
14. Revocation

  SCHEDULE Requirements at an animal gathering

The Secretary of State, in exercise of the powers conferred on her by sections 1, 7, 8 and 83 of the Animal Health Act 1981[
1] makes the following Order:

Title, application and commencement
     1. This Order may be cited as the Animal Gatherings (England) Order 2004; it applies in England and comes into force on 1st June 2004.

Interpretation
    
2. In this Order - 

Notices
     3. A notice or licence under this Order - 

Exceptions
    
4. This Order shall not apply if - 

The use of premises for animal gatherings
     5.  - (1) No person shall use any premises for an animal gathering unless those premises are licensed for that purpose by a veterinary inspector.

    (2) A licence shall specify - 

27 day restriction on when an animal gathering can take place
    
6. No person shall allow an animal gathering to take place on premises on which animals have been kept until 27 days have passed from the day on which - 

Exemption from the 27 day restricted period for premises with a paved animal area
    
7.  - (1) The restriction in article 6 does not apply if the animal area in the licensed premises is paved, and is cleansed and disinfected and waste is disposed of in accordance with this article before a further animal gathering is held.

    (2) The cleansing and disinfection-

    (3) All parts of the animal area (including any equipment) must be swept or scraped clean, cleansed by washing and disinfected with an approved disinfectant.

    (4) The licensee shall ensure that all feedingstuffs to which animals have had access, and all bedding, excreta, other material of animal origin and other contaminants derived from animals in the animal area are, as soon as possible and before animals are allowed to enter the licensed premises again - 

    (5) If, following the last occasion on which the animal area was cleansed and disinfected in accordance with this article, it becomes contaminated with animal excreta or other material of animal origin or any contaminant derived from animals, then the animal area or those parts of it that have become so contaminated must be swept or scraped clean and then cleansed by washing and an approved disinfectant applied before any animals are allowed on to the licensed premises again.

Time limits
    
8.  - (1) An animal gathering for the purpose of a sale (whether or not sale is the sole purpose) held on premises with a paved animal area shall not last for more than 48 hours, starting at midday.

    (2) A veterinary inspector may by notice extend the period of the animal gathering under paragraph (1) if he is satisfied that - 

    (3) In the case of an animal gathering to which paragraph (1) does not apply, if one of the purposes of the gathering is the bringing together of animals for onward consignment within Great Britain, the gathering shall not last for more than 48 hours, starting at midday.

Change to the starting time of animal gatherings for the purpose of sale
    
9.  - (1) In the case of an animal gathering for the purpose of a sale (whether or not sale is the sole purpose) held on premises with a paved animal area, the licensee may change the midday starting time by, at least two weeks in advance - 

    (2) If the animal gathering is one that is held on a recurring basis, the notification and publication may be for the series of animal gatherings.

Dedicated slaughter sales and dedicated slaughter collections
    
10.  - (1) No person shall hold a dedicated slaughter sale or a dedicated slaughter collection other than on premises with a paved animal area.

    (2) No person shall hold a dedicated slaughter sale or a dedicated slaughter collection as part of an animal gathering held for any other purpose.

    (3) The licensee shall notify the Secretary of State and the local authority that he intends to hold a dedicated slaughter sale or a dedicated slaughter collection at least 3 days before the sale or collection.

    (4) The licensee shall publicise the animal gatherings so that those bringing animals to it are made aware that it is a dedicated slaughter sale or dedicated slaughter collection.

    (5) For the purpose of this article - 

Duties on persons at an animal gathering
    
11. When an animal gathering (other than for a show or exhibition) is taking place the provisions of the Schedule (requirements at an animal gathering) shall have effect.

Restrictions following an animal gathering
    
12.  - (1) The provisions of this article apply once the last animal at an animal gathering has left the licensed premises.

    (2) No person shall allow animals on to the licensed premises until all equipment to which animals at the gathering had access has been cleansed of visible contamination.

    (3) No person shall remove from the licensed premises any equipment to which animals at the gathering had access unless - 

Enforcement
    
13.  - (1) This Order shall be enforced by the local authority.

    (2) The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this article shall be discharged by the Secretary of State and not by the local authority.

Revocation
    
14. The Animal Gatherings (England) Order 2003[4] is revoked.


Ben Bradshaw
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

26th April 2004



SCHEDULE
Article 11


REQUIREMENTS AT AN ANIMAL GATHERING


Duties on a licensee
     1.  - (1) The licensee shall ensure that any person entering the licensed premises is made aware that the premises are licensed under this Order, whether by means of a system of notices or otherwise.

    (2) The licensee shall provide footbaths containing approved disinfectant at exits from the animal area and at any loading and unloading bay, and facilities on the licensed premises for changing, cleaning and disinfecting clothes and disposing of disposable clothes.

    (3) The licensee shall - 

    (4) In the case of an animal gathering to which the time limits in articles 8 and 9 apply, the licensee shall ensure that - 

Duties on persons attending the animal gathering
     2.  - (1) No person shall enter licensed premises wearing outer clothing visibly contaminated with animal excreta or other contaminant derived from animals.

    (2) If a person in the animal area is wearing outer clothing visibly contaminated with animal excreta or any other contaminant derived from animals, on leaving the animal area he shall immediately clean his clothing of gross contamination (unless the clothing is to be disposed of) and either - 

    (3) If a person outside the animal area is wearing outer clothing visibly contaminated with animal excreta or any other contaminant derived from animals, an inspector may serve on him a notice giving him the option of immediately - 

Footwear in the animal area
     3. Any person leaving the animal area must cleanse and disinfect his footwear in the footbath provided.

Vehicles
     4.  - (1) No person shall bring on to or take from the licensed premises any vehicle or equipment carried with that vehicle that is visibly contaminated with animal excreta or any other contaminant derived from animals.

    (2) This paragraph shall not apply to any vehicle or equipment carried with that vehicle coming on to the licensed premises - 

    (3) This paragraph shall not apply to any vehicle or equipment carried with that vehicle leaving the licensed premises - 



EXPLANATORY NOTE

(This note is not part of the Order)


This Order revokes and replaces the Animal Gatherings (England) Order 2003. It changes that Order as follows - 

As before, it requires a licence for animal gatherings (article 5). It specifies that an animal gathering can only take place 27 days after the last animal left those premises and equipment on the premises has been cleaned of visible contamination (article 6). If the gathering takes place in paved premises, article 7 makes provision for the cleansing and disinfection of those premises and enables a gathering to take place inside the normal time limits. It imposes a 48 hour time limit on animal gatherings for the purpose of sale on paved premises and onward consignments on any premises (article 8). It imposes duties on persons attending an animal gathering (article 11 and the Schedule). It imposes restrictions following an animal gathering (article 12).

It is enforced by the local authority (article 13).

Breach of the Order is an offence under section 73 of the Animal Health Act 1981, punishable in accordance with section 75 of that Act.

A Regulatory Impact Assessment has not been prepared for this Order.


Notes:

[1] 1981 c. 22. Functions conferred under the 1981 Act on "the Ministers" (as defined in section 86 of that Act) were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) and were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back

[2] S.I. 1978/32 as amended by S.I. 1999/919 and S.I. 2000/3195 and, as regards England, S.I. 2001/608 and S.I. 2003/1428.back

[3] S.I. 2003/1729back

[4] S.I. 2003/1723back



ISBN 0 11 049309 5


  © Crown copyright 2004

Prepared 20 May 2004


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URL: http://www.bailii.org/uk/legis/num_reg/2004/20041202.html