1 Title, application and commencement

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

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2004: see above.

2 Interpretation

2Interpretation

In this Order—

“animals” means cattle (excluding bison and yak), deer, goats, sheep and pigs;

“animal area” has the meaning given in article 5(2)(c);

“animal gathering” means an occasion at which animals are brought together for one or more of the following purposes—

(a)    a sale, show or exhibition;

(b)    onward consignment within Great Britain;

(c)    inspection to confirm the animals possess specific breed characteristics;

“approved disinfectant” means a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 1978 at the concentration required under that Order for “General Orders”;

“equipment” includes pens and hurdles; and

“paved” means paved with cement, concrete, asphalt or other hard, impermeable material that is capable of being effectively cleansed and disinfected.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2004: see art 1.

3 Notices

3Notices

A notice or licence under this Order—

(a)    shall be in writing;

(b)    may be amended, suspended or revoked by a notice issued by a veterinary inspector; and

(c)    may be subject to such conditions as the veterinary inspector considers necessary to control the introduction into or spread of disease within or from the licensed premises.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2004: see art 1.

4 Exceptions

4Exceptions

This Order shall not apply if—

(a)    all the animals brought to the animal gathering are owned by the same person;

(b)    all the animals come from one set of premises which the Secretary of State has authorised as a sole occupancy group under the Disease Control (England) Order 2003; and

(c)    the animal gathering is to take place on premises owned or occupied by the owner of the animals.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2004: see art 1.

Agriculture, Animals & Fisheries97 Animals97 Local Government97

5 The use of premises for animal gatherings

5The use of premises for animal gatherings

(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—

(a)    the name of the licensee;

(b)    the premises in which the animal gathering may take place, and

(c)    the area to which animals may be given access (“the animal area”).

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2004: see art 1.

627 day restriction on when an animal gathering can take place

627 day restriction on when an animal gathering can take place

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—

(a)    the last animal left those premises; and

(b)    after the last animal has left the premises, all equipment to which animals have had access has been cleansed of visible contamination.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2004: see art 1.

7 Exemption from the 27 day restricted period for premises with a paved animal area

7Exemption from the 27 day restricted period for premises with a paved animal area

(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-

(a)    must not begin until all animals have been removed from the part of the animal area being cleansed and disinfected; and

(b)    must be completed after the last animal has left the licensed premises and before an animal gathering is held on the premises again.

(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—

(a)    destroyed;

(b)    treated so as to remove the risk of transmission of disease; or

(c)    disposed of so that animals do not have access to them.

(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.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2004: see art 1.

8 Time limits

8Time limits

(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—

(a)    the extension is necessary for animal welfare reasons; or

(b)    the risk of the introduction of disease into the sale and subsequent dissemination is low.

(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.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2004: see art 1.

9 Change to the starting time of animal gatherings for the purpose of sale

9Change to the starting time of animal gatherings for the purpose of sale

(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—

(a)    notifying both the Secretary of State and the local authority of the date and starting and ending time of the animal gathering; and

(b)    publicising the animal gathering so that those bringing animals to it are made aware of the new starting and ending time.

(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.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2004: see art 1.

10 Dedicated slaughter sales and dedicated slaughter collections

10Dedicated slaughter sales and dedicated slaughter collections

(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—

(a)    a “dedicated slaughter sale” means an occasion at which animals are brought together for the purpose of a sale before onward consignment direct to slaughter in Great Britain;

(b)    a “dedicated slaughter collection” means an occasion at which animals are brought together for onward consignment direct to slaughter in Great Britain.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2004: see art 1.

11 Duties on persons at an animal gathering

11Duties on persons at an animal gathering

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.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2004: see art 1.

12 Restrictions following an animal gathering

12Restrictions following an animal gathering

(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—

(a)    the equipment has been cleansed of visible contamination and a period of 27 days has elapsed since the last animal at the animal gathering has left the licensed premises; or

(b)    the equipment has been swept or scraped clean, cleansed by washing and disinfected with an approved disinfectant.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2004: see art 1.

13 Enforcement

13Enforcement

(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.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2004: see art 1.

14 Revocation

14Revocation

The Animal Gatherings (England) Order 2003 is revoked.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2004: see art 1.

Signature

Ben Bradshaw

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

26th April 2004

SCHEDULE Requirements at an Animal Gathering

SCHEDULE  Requirements at an Animal Gathering Article 11

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—

(a)    ensure that animals are unloaded and re-loaded in the animal area, and

(b)    ensure, so far as is reasonably practicable, that animals do not leave the animal area except on a vehicle.

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

(a)    no animal is brought on to the premises before the start of the animal gathering; and

(b)    every animal is removed from the premises by the end of the animal gathering.

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—

(a)    disinfect it;

(b)    change into clean clothing;

(c)    dispose of it; or

(d)    leave the licensed premises.

(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—

(a)    cleaning his outer clothing,

(b)    changing into clean clothing,

(c)    disposing of disposable clothing, or

(d)    leaving the licensed premises.

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—

(a)    if the excreta or other contaminant is only from animals being carried on the vehicle at the time it is brought on to the licensed premises; or

(b)    solely for cleansing and disinfection, if taken directly to the cleansing and disinfection facilities immediately upon arrival.

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

(a)    if the excreta or other contaminant is only from animals which have been unloaded from the vehicle on the licensed premises; or

(b)    if the excreta or other contaminant is only from animals which were loaded on to the vehicle on the licensed premises.

NOTES
Initial Commencement
Specified date

Specified date: 1 June 2004: see art 1.

EXPLANATORY NOTE

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—

—it provides that the licensee may change the starting time of the 48 hour period of a sale on paved premises, provided that he notifies both the Secretary of State and the local authority and publicises the change (article 9);

—it provides that dedicated slaughter sales and dedicated slaughter collections can only take place on paved premises and cannot be held as part of an animal gathering held for any other purpose (article 10);

—it provides a further exception to the requirement that no vehicle contaminated with animal excreta may be brought on to or taken from the licensed premises and extends the prohibition to include other animal contamination (paragraph 4 of the Schedule).

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.