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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2003 No. 1723

ANIMALS, ENGLAND

ANIMAL HEALTH

The Animal Gatherings (England) Order 2003

  Made 9th July 2003 
  Coming into force 1st August 2003 


ARRANGEMENT OF ARTICLES

1. Title, application and commencement
2. Interpretation
3. Exceptions
4. The use of premises for animal gatherings
5. 27 day restriction on when an animal gathering can take place
6. Exemption from the 27 day restricted period for premises with a paved animal area
7. Maximum time limits
8. Duties on persons at an animal gathering
9. Restrictions following an animal gathering
10. Enforcement
11. Revocations

  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 2003; it applies in England and comes into force on 1st August 2003.

Interpretation
    
2. In this Order - 

Exceptions
     3. This Order shall not apply if - 

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

    (2) A licence under this article - 

    (3) A licence shall specify - 

27 day restriction on when an animal gathering can take place
    
5. 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
    
6.  - (1) The restriction in article 5 does not apply if the animal area in the licensed premises is paved with cement, concrete, asphalt or other hard, impermeable material that is capable of being effectively cleansed and disinfected, 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.

Maximum time limits
    
7.  - (1) No animal gathering for the purpose of - 

shall last longer than 48 hours.

    (2) The 48 hour period shall begin at midday and shall end at midday two days later.

    (3) The licensee shall ensure that - 

    (4) A veterinary inspector may by notice in writing extend the 48 hour time limit in respect of a sale if he is satisfied that - 

Duties on persons at an animal gathering
    
8. 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
    
9.  - (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
    
10.  - (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.

Revocations
    
11. The following are revoked - 


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

9th July 2003



SCHEDULE
Article 8


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 - 

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 animal contamination.

    (2) If a person in the animal area is wearing outer clothing visibly contaminated with animal excreta or other animal contamination, 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 other animal contamination, 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 their 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 contaminated with animal excreta.

    (2) This paragraph shall not apply to - 



EXPLANATORY NOTE

(This note is not part of the Order)


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

As before, it requires a licence for animal gatherings (article 4). 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 5). If the gathering takes place in paved premises article 6 makes provision for the cleansing and disinfection of those premises and enables a gathering to take place inside the normal time limits. It imposes duties on persons attending an animal gathering (article 8 and the Schedule). It imposes restrictions following an animal gathering (article 9).

It revokes the Markets, Sales and Lairs Order 1925 (S.I. 1925/1349) and amending instruments (article 11). It is enforced by the local authority (article 10).

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

A Regulatory Impact Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from Renate Lowres, Department for Environment, Food and Rural Affairs, 1A Page Street, London SW1P 4PQ.


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.back

[3] S.I. 2003/1729.back

[4] S.R. & O. 1925/1349.back

[5] S.R. & O. 1926/546.back

[6] S.R. & O. 1927/982.back

[7] S.I. 1996/3265.back

[8] S.I. 2003/253.back



ISBN 0 11 047186 5


 
© Crown copyright 2003
Prepared 5 August 2003


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URL: http://www.bailii.org/uk/legis/num_reg/2003/20031723.html