USSR : learning to think constructively / by Igor Aleksandrovic Serkov
In section 35(1) of the Animal Health Act 1981 (power of Ministers to provide for seizure, disposal etc. to prevent spread of disease)—
for paragraph (a) (seizure of carcases and other specified things) there is substituted—; and
for the words from “disease” to the end there is substituted “ such disease ”.
After that subsection there is inserted—
In section 36 of that Act (compensation)—
in subsection (1)(b) (duty to pay compensation for things seized under section 35(1), except carcases of animals or birds affected with disease) after the words “carcase of” there is inserted “ or anything obtained from or produced by ”, and
in subsection (2) (power to pay compensation for such carcases) for the words “seized as mentioned above of” there is substituted “ of, or things obtained from or produced by ” and, at the end of that subsection, there is inserted “ being carcases or things seized under an order made by virtue of section 35(1) above ”.
In section 63(9) of that Act (power of entry of Ministry inspectors in respect of pleuro-pneumonia, foot-and-mouth disease or swine fever), for the words from “for the purpose of ascertaining” to the end there is substituted “enter any land, building or other place, on or in which he has reasonable grounds for supposing that animals are or have been kept, for the purpose of ascertaining whether any disease exists there or has within 56 days existed there. This subsection does not have effect in relation to poultry.”
In section 87(4) of that Act (application of Act to poultry), in the second sentence (provisions not so applied) for the words from “7(2)” to the end there is substituted “ 15(5), 32(4) and 63(9) ”.
Where, apart from this section, any power to make provision by an order under the Animal Health Act 1981 does not include power to provide for its operation in or over territorial waters of the United Kingdom adjacent to Great Britain, it shall be treated as including such a power unless the context otherwise requires.
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In section 1(1) of the Slaughter of Poultry Act 1967 (prohibition of slaughter of poultry for purposes of preparation for sale for human consumption, except by one of the methods mentioned), the words " for purposes of preparation for sale for human consumption " are omitted.
After subsection (2) of that section there is inserted—
For section 3 of that Act (regulations for securing humane conditions of slaughter) there is substituted—
After section 3 of that Act there is inserted—
For section 4 of that Act (power to enter premises where slaughter for purposes of preparation for sale for human consumption takes place) there is substituted—
For section 6 of that Act (power to institute proceedings) there is substituted—
The appropriate Minister may make regulations for controlling the practice of artificial breeding of livestock. In this section “artificial breeding” includes artificial insemination and transfer of ova or embryos.
Regulations under this section— and, accordingly, the regulations may make such provision as appears to the appropriate Minister to be expedient in respect of the issue, modification, suspension and revocation of licences or approvals under the regulations including the conditions subject to which they may be issued.
may, for the purpose of controlling the use for artificial breeding of any specified kind of livestock or of semen, ova or embryos of such livestock, prohibit the carrying on of any specified activity in connection with such livestock or with such semen, ova or embryos except under the authority of a licence or approval issued under the regulations;
may, for the purpose of controlling their use for artificial breeding, prohibit the importation of semen, ova or embryos of any specified kind of livestock except under the authority of such a licence;
Regulations under this section may include provision— but subsection (2) above and this subsection are without prejudice to the generality of subsection (1) above.
in respect of advertisements in connection with artificial breeding;
for the seizure and detention of anything imported in contravention of any provision of the regulations or any conditions of any licence under them or anything which appears to any person authorised in that behalf to have been so imported and for dealing with anything so imported (whether by requiring it to be destroyed or taken out of Great Britain or otherwise);
for the payment of fees in connection with— and, where the regulations provide for an appeal against a refusal to issue any such licence or approval, in connection with such an appeal, being (in all cases) fees determined with the approval of the Treasury;
the issue of licences or approvals under the regulations, and
tests or examinations carried out for the purposes of the regulations,
For the purpose of ascertaining whether the provisions of regulations under this section or the conditions of any licence or approval under them are being or have been contravened, a person authorised in writing in that behalf by the appropriate Minister may, on producing his authority, enter at all reasonable times— and may inspect the premises and any livestock or articles on them and carry out such test or other investigation as he thinks fit.
any premises used by the holder of a licence or approval under the regulations, being premises used for or in connection with any of the purposes authorised by the licence or approval; and
any premises on which he has reasonable grounds for suspecting that an offence under this section is being or has been committed;
For the purposes of any test or investigation under subsection (4) above, the person so authorised may require any person on the premises to give such information as it is in his power to give.
A person who— is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 3 on the standard scale, or both. . . .
contravenes any provision of regulations under this section or any conditions of a licence or approval under such regulations;
intentionally obstructs any person in the exercise of the powers conferred on him by or under this section; or
refuses to give any such person any information which he is required to give under subsection (5) above;
It is a defence to a charge of committing an offence under subsection (6)(a) above to prove that the accused took all reasonable steps and exercised all due diligence to avoid committing the offence.
In this section— and anything brought to Great Britain from a country out of Great Britain and landed here or brought here through the tunnel system as defined in the Channel Tunnel Act 1987 is imported for the purposes of this section.
“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;
“contravention” includes failure to comply and “contravene” is to be construed accordingly;
“livestock” includes any animal or bird not in the wild state;
" livestock " includes any animal or bird not in the wild state ;
" premises " includes any description of vehicle;
“premises” includes any description of vehicle;
" specified " means specified in regulations under this section ; and anything brought to Great Britain from a country out of Great Britain and landed here is imported for the purposes of this section.
Where an offence committed by a body corporate under section 10 of this Act is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence, and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Section 17 of the Agriculture (Miscellaneous Provisions) Act 1943 (control of artificial insemination) shall cease to have effect but, without prejudice to section 17 of the Interpretation Act 1978 (repeal and re-enactment)— and references in section 10 of this Act to regulations under that section or licences or approvals under such regulations shall be interpreted accordingly.
in so far as regulations under section 17 of the Agriculture (Miscellaneous Provisions) Act 1943 could have been made under section 10 of this Act, they shall not be invalidated by the repeal but shall have effect as if so made and as if references in them to subsection (3) of the said section 17 were references to the corresponding provision (if any) of regulations under section 10 of this Act, and
if at the commencement of section 10 of this Act the importation of any semen is prohibited by regulations under that section except under the authority of a licence issued under the regulations then, in so far as any licence under subsection (3) of the said section 17 could have been issued under the regulations, it shall not be invalidated by the repeal but shall have effect as if so issued;
The power conferred by section 10 of this Act to make regulations shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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For section 40 of the Medicines Act 1968 (medicated animal feeding stuffs) there is substituted—
In section 130 of the Medicines Act 1968 (meaning of medicinal product and related expressions) after subsection (3) there is inserted—
“animal feeding stuff” means any substance which is intended for use either by being fed to one or more animals or as an ingredient in the preparation of such a substance, not being in either case a medicinal product
In section 57 of the Medicines Act 1968 (power to extend or modify exemptions under sections 52 and 53, which regulate the sale or supply of medicinal products), after subsection (2) (power to impose conditions on any exemptions) there is inserted—
In section 117 of the Medicines Act 1968 (special enforcement and sampling provisions relating to animal feeding stuffs), after subsection (5) there is inserted—
At the end of subsection (6) of that section there is inserted “ and the reference in subsection (2) of this section to the provisions of section 115 of this Act as modified by any such regulations shall be construed as including a reference to any provisions specified in the regulations in place of any of the provisions of section 115 of this Act. ”
Schedule 1 to this Act (which contains minor and consequential amendments) shall have effect.
The enactments mentioned in Schedule 2 to this Act are repealed to the extent specified in the third column of that Schedule and the Slaughter of Poultry Act 1967 Extension Order 1978 is revoked.
This Act may be cited as the Animal Health and Welfare Act 1984.
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Except for— this Act does not extend to Northern Ireland.
sections 13 to 15, and
section 16 and Schedules 1 and 2 so far as relating to the Medicines Act 1968,
Section 16.
The Slaughter of Poultry Act 1967 shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 7(1), the words “for purposes mentioned in section 1(1) above” and the words “other than turkeys and domestic fowls” are omitted. In section 8—
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The Medicines Act 1968 shall be amended as follows. In section 28(3)(i), the words “or of any substance or article other than a medicinal product incorporated for a medicinal purpose” are omitted. Sections 41, 42 and 46(3) and (4) are omitted. In section 108(6)(a), after the word “sections” there is inserted “ 40 ” and after the word “Act” there is inserted “ and of any regulations made under section 40 of this Act ”. At the end of section 117 there is added— In section 126(1)(a), for “40(1)” there is substituted “ 40 ”. In section 130(4), after the words “subsection (1)” there is inserted “ or (3A) ”. In section 130(6)— Section 130(7) is omitted. In section 130(9), after the word “administering” (in both places) there is inserted “ (or feeding) ”. In paragraph 6 of Schedule 4, the words “section 42” are omitted.
In section 63(3) of the Animal Health Act 1981, for the word “where” there is substituted “ in respect of which ”.
Section 16. Chapter Short Title Extent of Repeal 1931 c. 43. Improvement of Live Stock (Licensing of Bulls) Act 1931. The whole Act. 1943 c. 16. Agriculture (Miscellaneous Provisions) Act 1943 Section 17. 1944 c. 28. Agriculture (Miscellaneous Provisions) Act 1944 In section 6, subsections (4) to (6). 1946 c. 26. Emergency Laws (Transitional Provisions) Act 1946. In Schedule 2, the entry relating to the Improvement of Live Stock (Licensing of Bulls) Act 1931. 1958 c. 43. Horse Breeding Act 1958. The whole Act. 1963 c. 11. Agriculture (Miscellaneous Provisions) Act 1963 In section 16, subsection (4) and, in subsection (5), the words from “or containing” to “prescribing fees”. 1967 c. 24. Slaughter of Poultry Act 1967. In section 1(1), the words “for purposes of preparation for sale for human consumption” and, in sections 2 and 7(1), the words “for purposes mentioned in section 1(1) above”. In section 7(1), the words “other than turkeys and domestic fowls”. 1968 c. 67. Medicines Act 1968. In section 28(3)(i), the words “or of any substance or article other than a medicinal product incorporated for a medicinal purpose”. Sections 41 and 42. In section 46, subsections (3) and (4). In section 130(6), the words “(subject to the next following subsection)”. Section 130(7). In Schedule 4, in paragraph 6, the words “section 42”. 1972 c. 62. Agriculture (Miscellaneous Provisions) Act 1972 In section 8, subsections (1) to (4). Schedule 3. 1981 c. 22. Animal Health Act 1981. Section 17(4).