ANIMALS PART I TITLE, COMMENCEMENT AND INTERPRETATION Title and commencement 1 This Order may be cited as the Sheep Scab Order 1992 and shall come into force on 18th January 1992. Interpretation 2 1 In this Order, unless the context otherwise requires– “ the Act ” means the Animal Health Act 1981; “affected” means affected or suspected of being affected with sheep scab; “approved sheep dip” means a sheep dip for which there is a current product licence permitting its sale or supply for use against sheep scab; “approved substances” means those substances (other than water) specified for mixing with an approved sheep dip in the product licence relating to that dip; “carcase” means the carcase of a sheep, and includes part of a carcase and the meat, bones, hide, skin, fleece, wool, hoofs, horns, of fal or other part of a sheep, separately or otherwise, or any portion thereof; “dipped sheep” means sheep which have been dipped in accordance with the provisions of this Order, and “undipped sheep” shall be construed accordingly; “dipping” means thoroughly immersing the whole sheep (including the head and ears) in a dipping bath, and keeping the sheep (excluding the head and ears) in the dipping bath for not less than one minute, and “dipped” shall be construed accordingly; “dipping bath” means a bath prepared by diluting an approved sheep dip with clean water and any other approved substances in the proportions specified for that dip in the product licence relating to it (without the addition of any other sheep dip or substance except in accordance with the written directions of the Divisional Veterinary Officer) and thereafter maintained in the manner specified in the licence; “Divisional Veterinary Officer” means the veterinary inspector appointed for the time being by the Minister to receive information about affected sheep and affected carcases for the area in which such animals or carcases are; “infected area” means an area declared to be an infected area under article 12; “infected place” means a place declared to be an infected place by a notice in Form A served under article 5; “market” means a market, fairground, sale-yard or other place where sheep are commonly exposed for sale, or any place where sheep are gathered together with the purpose of selection or grading for sale; “litter” means any substance used for bedding sheep; “place of exhibition” means a place at which exhibitions or shows of sheep are held; “product licence” means a product licence granted under the Medicines Act 1968 ; “sheep” includes lambs; “sheep dealer” means a person who, in the course of a trade or business carried on by him, purchases sheep for resale within 21 days, and includes a person (other than an auctioneer) who, in the course of a trade or business carried on by him, acts as an agent for any other person in connection with the purchase of sheep for resale within 21 days; “sheep scab” means an infestation of sheep with psoroptic or sarcoptic mites; “slaughterhouse” means– in relation to England and Wales, a slaughterhouse or knacker’s yard as defined in section 34 of the Slaughterhouses Act 1974 , and in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980 ; “veterinary surgeon” means a person registered in the register of veterinary surgeons or in the supplementary veterinary register. 2 Any reference in this Order– a to a numbered article, is a reference to the article bearing that number in this Order, and b to a lettered Form, is a reference to the Form bearing that letter in the Schedule to this Order. PART II RELATING TO CASES OF SHEEP SCAB OR SUSPECTED SHEEP SCAB Notification of sheep scab or suspected sheep scab 3 1 A person who has in his possession or under his charge any affected sheep or affected carcase, and any veterinary surgeon who examines any such sheep or carcase, shall, with all practicable speed, notify the fact to a police constable, or to an inspector of the local authority, for the area in which the sheep or carcase is, or to the Divisional Veterinary Officer. 2 If notification is given under paragraph (1) above to a constable or to an inspector of the local authority, he shall immediately transmit the information contained in it by the most expeditious means– a in the case of a constable, to the Divisional Veterinary Officer and to an inspector of the local authority; or b in the case of an inspector of the local authority, to the Divisional Veterinary Officer. Preliminary restrictions on movement 4 The occupier of any premises on which there is any affected sheep or affected carcase shall ensure that no sheep or carcase moves from the premises until a notice in Form A is served on him in respect of the premises or he is informed in writing by a veterinary inspector that no such notice is to be served on him. Declaration of infected place 5 1 If an inspector has reasonable grounds for suspecting that sheep scab exists, or has within 56 days existed, on any premises he may serve a notice in Form A on the occupier or the person in charge of the premises declaring them to be an infected place. 2 A notice in Form A shall continue in force until it is withdrawn by a notice in Form B served by an inspector of the Ministry on the person on whom the notice in Form A was served. 3 A veterinary inspector may at any time alter the limits of an infected place by the service of a further notice in writing on the occupier or person in charge of it. 4 A veterinary inspector may at any time by the service of a notice in writing on the occupier or person in charge of an infected place direct that until the notice in Form A is withdrawn any affected sheep shall be isolated from all other sheep in the infected place. Effect of declaration of an infected place 6 1 On premises declared to be an infected place under article 5– a no person shall move or cause or permit to be moved any sheep into or out of the premises, except under the authority of a licence issued by a veterinary inspector and in accordance with any conditions to which the licence is issued; b no person shall move or cause or permit to be moved out of the premises any carcase, skin, fleece, wool, fodder, manure, litter, vehicle, machine, equipment, pen, hurdle, sack or any other thing used or intended to be used for or in connection with sheep except under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued; and c the owner or the person in charge of any sheep on the premises shall take all steps as may be necessary to prevent the sheep from straying out of the premises or coming into contact with any other sheep outside the premises. 2 A veterinary inspector may, by notice in writing served on the occupier or the person in charge of an infected place, direct that any of the provisions in paragraph (1) above shall cease to apply in the infected place or shall be modified to the extent or in the manner specified in the notice, and the veterinary inspector shall immediately send a copy of such notice to the loal authority. Veterinary enquiry as to the existence of sheep scab 7 1 If a veterinary inspector has reasonable grounds for suspecting that sheep scab exists or has within 56 days existed on any premises he shall, with all practicable speed, take such steps as may be necessary to establish the correctness of the suspicion. 2 For the purposes of such an enquiry a veterinary inspectormay– a make such tests and take such samples from any sheep or carcase on the premises as he may consider necessary for the purpose of diagnosis; and b mark for identification purposes any sheep or carcase on the premises. 3 The occupier of the premises, his employees and any person who is or has been in possession or charge of any sheep or carcase which is or has been on the premises shall– a provide such reasonable facilities and comply with such reasonable requirements as are necessary for the purposes of the enquiry; and b if so required by an inspector, give such information as he possesses as to– i any sheep or carcase which is or has been on the premises, and ii any other sheep or carcase which may have come into contact with any sheep or carcase described in sub-paragraph (i) above, and iii the location and movement of any sheep or carcase which is or has been in his possession or charge. 4 If, on completion of the enquiry, the veterinary inspector is of the opinion that sheep scab exists, or has within 56 days existed, on the premises his opinion shall be subject to confirmation by or on behalf of the Chief Veterinary Officer. 5 If confirmation is given in accordance with paragraph (4) above– a the veterinary inspector shall immediately serve a notice in Form D on the owner or person in charge of sheep or the premises; and b any notice in Form A affecting the premises shall not be withdrawn by a notice in Form B until– i a declaration in Form E made by the person on whom Form D is served that the sheep to which the notice relates has or have been dipped in accordance with the requirements of that notice; and ii if Form D specifies, a certificate in Form E made by a veterinary surgeon that he has examined the sheep to which Form D relates in accordance with the requirements of that notice, is furnished to the Divisional Veterinary Officer. 6 Any notice in Form A affecting premises shall immediately be withdrawn by a notice in Form B served by an inspector of the Ministry on the person on whom the notice in Form A was served if the veterinary inspector is of the opinion that sheep scab does not exist, and has not within 56 days existed, on the premises or his opinion as to the existence of sheep scab on the premises is not confirmed in accordance with paragraph (4) above. 7 The person on whom a notice in Form D is served shall treat the sheep to which the notice relates in the following manner, that is tosay– a the sheep shall be dipped twice, the second dipping to occur at an interval of not less than 21 days after the first; and b if a veterinary inspector so requires– i any sheep clinically affected with sheep scab shall be treated with an approved sheep dip in accordance with directions given by him, and ii any or all of the sheep shall from time to time be further dipped or treated in accordance with directions given by him. Slaughter of sheep moved to a slaughterhouse from an infected place 8 Where sheep are moved from an infected place to a slaughterhouse under the authority of a licence– a they shall be slaughtered as soon as possible after their arrival at the slaughterhouse and in any event no later than 72 hours after their arrival the re; b they shall at all times be kept separate from any other sheep at the slaughterhouse; and c if a veterinary inspector so requires, after they have been slaughtered their fleeces shall be kept separate from any other fleeces at the slaughterhouse until they have been treated, at the owner’s expense, by being thoroughly immersed for at least one minute in a dipping bath in the presence, and to the satisfaction, of an inspector. PART III SPECIAL MOVEMENT PROVISIONS Restrictions on movement of sheep 9 1 If an inspector has reasonable grounds for supposing– a that the movement of any sheep or carcase from any premises may give rise to the risk of the spread of sheep scab; or b that any sheep on any premises have been in contact with affected sheep or have otherwise been exposed to the infection of sheep scab he may– i serve a notice in Form C on the occupier of the premises and on the owner or person in charge of the sheep if that person is not the occupier of the premises; and ii serve a notice in Form F on the owner or person in charge of the sheep. 2 Subject to paragraph (4) below, on the service of a notice in Form C– a no person shall move or cause or permit to be moved any sheep out of the premises to which the notice relates, except– i direct to a slaughterhouse for slaughter within 72 hours of their arrival there, or ii to such other premises as may be specified in the notice for detention and isolation there in accordance with such requirements as may be specified in the notice, and in each case the sheep shall be accompanied by a declaration in Form L made by the owner of the sheep or his duly authorised agent; b no person shall move or cause or permit to be moved any sheep on to the premises to which the notice relates, except under the authority of a licence issued by a veterinary inspector and in accordance with any conditions subject to which the licence is issued; and c every person on whom the notice is served shall take all such steps as may be necessary to prevent sheep straying from the premises to which the notice relates or coming into contact with other sheep outside such premises. 3 The person on whom a notice in Form F is served shall dip the sheep described in the notice on such date, at such place and in such manner as an inspector may require. 4 Where any sheep in respect of which a notice in Form C has been served have been dipped in accordance with a notice in Form F such sheep may be moved out of the premises to which the notice in Form C relates where they are accompanied by a declaration in Form L made by the owner of the sheep or his duly authorised agent. 5 A notice in Form C shall remain in force until it is withdrawn by a notice in Form G served by a veterinary inspector or by an inspector of the local authority acting on the direction of the Divisional Veterinary Officer on the occupier of the premises to which the notice in Form C relates and on the owner or person in charge of any sheep detained on those premises if that person is not the occupier of the premises. Removal of sheep from markets or places of exhibition 10 1 Where an inspector knows or has reasonable grounds for suspecting that any sheep on any market or place of exhibition are affected sheep, he may serve a notice in Form I on the owner or person in charge of the sheep and that person shall remove the sheep forthwith from the market or place of exhibition direct to a slaughterhouse for slaughter within 72 hours of its arrival the re, or to such other premises as may be specified in the notice for detection and isolation in accordance with such requirements as may be specified. 2 Where a notice has been served under paragraph (1) above an inspector may serve a notice in Form H on the occupier or other person in charge of the market or place of exhibition and that person shall cleanse and disinfect such parts of the market or place of exhibition as are specified in the notice in the manner and within such time as may be so specified. Prohibition of movement of sheep on to unenclosed land, highways etc 11 1 Subject to the provisions of this Order no person shall– a place or keep any sheep from premises to which a notice in Form A or Form C relates, or cause or permit any such sheep to be placed or kept– i on any common or unenclosed land, ii in any field or other place which is not fenced so as to prevent sheep straying from it, or iii in any field or other place adjoining a highway other than a field or place which is fenced or situated so that sheep in there cannot come into contact with sheep passing along the highway or grazing on the side of the highway; or b cause or permit any sheep to which a notice in Form A or Form C relates to– i graze on, or move along, the side of a highway, or ii stray on to a highway, or on to any common or unenclosed land or into a field or other place which is not fenced so as to prevent sheep straying from it. 2 Where any requirement contained in paragraph (1) above is not complied with in respect of any sheep the provisions of article 17 below with respect to seizure and detention of sheep shall apply. PART IV INFECTED AREAS Declaration of infected areas 12 1 If the Minister believes or suspects that sheep scab exists in an area he may by a declaratory order declare the area to be an infected area. 2 Any premises which are partly inside and partly outside an infected area shall be deemed to be wholly inside that area. 3 An area shall remain an infected area until such date as may be specified in the order or, if none, until the declaratory order is withdrawn by the Minister. 4 Where an area is declared to be an infected area the following provisions of this part of this Order shall apply in that area, subject to any variations, exceptions or limitations specified in any such order. Dipping requirements 13 1 Subject to paragraph (3) below any sheep which are in an infected area shall be dipped by the owner or person in charge of the m, except that where any sheep have been so dipped after the coming into force of the declaratory order and the ownership of them subsequently transferred to another person the sheep shall not be required to be dipped again. 2 The owner or person in charge of any sheep which have been dipped in accordance with paragraph (1) above shall keep them separate from undipped sheep. 3 The provisions of this article shall not apply– a to sheep in an infected area which are slaughtered or exported, or b to sheep from premises to which Form A or Form C relate which have been dipped within 21 days prior to the coming into force of the declaratory order. Infected area movement restrictions 14 1 Subject to paragraph (2) below, no person shall move any sheep out of an infected area or from any premises to any other premises within an infected area. 2 The provision in paragraph (1) above shall not apply to any sheep which are moved– a from any premises to any other premises in an infected area within a radius of not more than 50 km for the purpose of being dipped thereon; b after being moved in accordance with the provisions of sub-paragraph (a) above, back to the premises from which they had been moved; c after being dipped, from any premises to any other premises where they are accompanied by a declaration in Form L made by the owner or his duly authorised agent; and d from any premises direct to premises approved for the purposes of article 4 of the Export of Animals (Protection) Order 1981 or a slaughterhouse where they are accompanied by a declaration in Form L made by the owner or his duly authorised agent. Declaration of dipping 15 1 Any person who is the owner or person in charge of any sheep which are in an infected area at the time the declaratory order ceases to have effect shall either personally or by his duly authorised agent, make a declaration in Form J. 2 Such a declaration shall be delivered to the local authority within 8 days of the declaratory order ceasing to have effect. PART V GENERAL Sheep on common or unenclosed land 16 1 An inspector may if he considers it necessary in order to prevent the spread of sheep scab, serve a notice in Form M or Form N on the person believed to be the owner of any sheep which are grazed or kept on any common or unenclosed land or on any land contiguous to any such land. 2 The owner of any sheep on whom a notice in Form M is served under paragraph (1) above shall move the sheep off the land to which the notice relates within such period as may be specified in the notice and shall not move the sheep back on to the land, or cause or permit them tobe so moved, or move or cause or permit to be moved any other sheep onto the land, except with the written approval of an inspector. 3 The owner of any sheep on whom a notice in Form N is served under paragraph (1) above shall, within such period or on such date as may be specified in the notice, gather the sheep together on such part of the land as may be specified in the notice and shall not move them off such part of the land, or cause or permit them to be so moved, except with the written approval of an inspector. 4 Where the requirements of a notice in Form M or Form N are not complied with in respect of any sheep and the person on whom the notice is served states that those sheep do not belong to him the provisions of article 17 below with respect to seizure and detention of sheep shall apply. Seizure of suspected sheep 17 1 The provisions of this article shall apply– a to any sheep kept or otherwise dealt with in contravention of articles 11 or 16 above; b to any affected sheep which is found in any place which is not in the possession of, occupied or otherwise under the control of, the owner of the sheep; and c to any sheep which is found with a sheep referred to insub-paragraphs (a) or (b) above. 2 The local authority may seize and detain any sheep to which this article applies. 3 If, after all reasonable enquiries have been made, the ownership of a sheep which has been seized by the local authority under paragraph (2) above cannot be established and its owner has not claimed it within 7 days of its seizure, the local authority may move the sheep to a slaughterhouse for slaughter within 72 hours of its arrival there; and the local authority may sell the carcase of any sheep so slaughtered and deduct from the proceeds of sale the expenses incurred by it in seizing, detaining and slaughtering the sheep and retain any surplus for payment to any person who can establish his right to it. 4 If the owner of a sheep seized by a local authority under paragraph (2) above can establish his right to ownership of it within 7 days of its seizure, he may, after he has paid to the local authority the amount of expenses incurred by the authority in seizing and detaining the sheep move it direct to– a a slaughterhouse for slaughter within 72 hours of its arrival there; or b such other premises as may be specified in a notice in Form I issued by the local authority for detention and isolation there in accordance with such require ments as may be specified in the notice. Sheep dealers 18 1 Every sheep dealer shall– a make a record in Form O or a form substantially to the like effect relating to the purchase and sale of any sheep by him (which record shall be made separately from any record relating to the movement of sheep made by him under any provision of the Movement of Animals (Records) Order 1960 for the time being in force); b notify in writing the local authority for the area in which he is for the time being residing of his home address and, on demand by the local authority, of all movements of sheep effected by him during the previous 12 months; and c on demand by an inspector furnish him with detail of the address or location of any premises on which there are, or have at any time during the previous 12 months been, any sheep under his control. 2 Every record in Form O required to be made by a sheep dealer under paragraph (1) above shall be retained by him for a period of 12 months from the date of purchase or sale to which it relates and he shall, on demand made by an inspector, produce such record and allow a copy of it or extract from it to be taken. Marking of sheep 19 An inspector may mark, or cause to be marked, any sheep for the purposes of this Order. Notices requiring dipping of sheep 20 1 Where an inspector has reasonable grounds for supposing that any sheep which are required to be dipped by or under the provisions of this Order have not been dipped, he may serve on the owner or person in charge of the sheep a notice in Form K and that person shall cause the sheep to be dipped at such place and at such time as may be specified in the notice and to the satisfaction of an inspector. 2 Where an inspector has reasonable grounds for supposing that the dipping of sheep which are required to be dipped by or under any of the provisions of this Order has not been effectively carried out he may serve on the owner or person in charge of the sheep a notice in Form K and that person shall cause the sheep to be dipped again at such place and at such time as may be specified in the notice and to the satisfaction of an inspector. Sampling 21 1 A person who, in accordance with any requirement imposed by this Order, dips any sheep or causes any sheep to be dipped, shall, if so required by an inspector, furnish him with a sample of the sheep dip or of the dipping bath used (or permit him to take such a sample) and with such particulars as he may reasonably require as to the name or the composition of the sheep dip used and of the manner in which it had been prepared. 2 The occupier of any premises on which there are any sheep, and the owner or person in charge of the sheep shall permit an inspector to take such samples of the fleece of those sheep as he may require for the purposes of this Order and shall comply with all reasonable requirements of the inspector with a view to facilitating the taking of such samples. General provisions as to movement of sheep and production of declarations 22 1 Where any sheep are moved in accordance with the provisions of this Order, the person in charge of the sheep being so moved shall ensure that dipped sheep are kept separate from all other sheep during the movement. 2 Where any sheep are moved to any premises accompanied by a declaration in Form L– a the person in charge of the sheep being so moved shall, on demand made by an inspector, produce the declaration and allow a copy thereof or an extract of it to be taken and shall also, on such demand, furnish his name and address; b the person in charge of the sheep at the time the movement is completed shall immediately deliver up the declaration to the occupierof the premises who shall retain it for a period of 12 months from the date on which he receives it and who shall, during that period, on demand being made by an inspector, produce the declaration and allow a copy of it or an extract of it to be taken. Cleansing and disinfection of premises and vehicles 23 1 Where premises have been used for the dipping of affected sheep in accordance with any requirement imposed by or under this Order or they are premises to which a notice in Form A relates an inspector may serve a notice in Form H on the occupier of the premises and that person shall by such date as may be specified in the notice– a cleanse and disinfect those parts of the premises which have beenused for, or in connection with, the dipping; and b gather up any fragments of wool from the dipped sheep which are on the premises and– i disinfect them by immersing them in a dipping bath, or ii destroy them. 2 Where a vehicle is used, or has at any time during the previous 28 days been used, for the carriage of affected sheep, an inspector may serve a notice in Form H on the owner or person in charge of the vehicle and that person shall, by such date as may be specified in the notice, cleanse and disinfect the vehicle and any apparatus or thing used in connection with the carriage of any such sheep in the vehicle in accordance with the provisions of the notice. Certificates of exemption from dipping requirements 24 1 An inspector may, if he is satisfied that it is impracticable or inexpedient to dip any sheep which are required to be dipped by or under this Order or to dip any sheep within the required time, issue a certificate exempting a person from any such requirement or extending the time within which such a requirement is to be complied with. 2 A certificate issued under paragraph (1) above may be issued subject to such conditions as the inspector issuing it thinks necessary for preventing the spread of sheep scab. Powers of entry and inspection 25 1 For the purposes of this Order, an inspector may at any reasonable time enter any premises on which he has reason to believe that sheep are kept and examine any sheep on those premises and, where the sheep are required to be dipped in accordance with any provision of this Order, supervise the dipping of them. 2 An inspector entering any premises under paragraph (1) above shall if so required by the person in charge of the premises produce evidence of his authority and state in writing his reasons for entering. Powers of inspectors in cases of default 26 If any person fails to take any action required by him in accordance with any provisions of this Order, an inspector may, without prejudice to any proceedings for an offence arising out of such failure, take, or cause to be taken, such action and the amount of any expenses reasonably incurred by him in doing so shall be recoverable by the Minister, or, as the case may be, by the local authority from the person in default. Revocation of licences etc 27 1 The Minister may, if it appears to him necessary or expedient to do so, revoke, vary or suspend any licence or certificate issued or cancel any notice (other than a notice in Form A or C) served by an inspector of the Ministry under this Order by notice in writing given to the person to whom the licence or certificate was issued or, as the case may be, to the person on whom the notice was served. 2 A local authority may, if it appears necessary or expedient to do so and with the prior consent of the Minister revoke, vary or suspend any licence or certificate issued or cancel any notice (other than a notice in Form A or Form C) served by an inspector of the local authority under this Order by notice in writing given to the person to whom the licence or certificate was issued or, as the case may be, to the person on whom the notice was served. Application of Order to imported animals 28 The provisions of this Order shall not apply in relation to premises approved for the purposes of the Importation of Animals Order 1977 , and shall apply in relation to imported sheep only– a for the time specified in the licence issued in respect of those animals under article 11(5) of that Order; and b where the existence or suspected existence of disease in any part of Great Britain makes it expedient that no such licence should be issued for the time being, from the time when those animals have completed the period of detention in quarantine required under the provisions of that Order or, as the case may be, have been rested at premises approved for use for the detention of animals under article 10(1) of that Order for the period so required. Offences 29 Any person who, without lawful authority or excuse, proof of which shall lie on him– a defaces, obliterates or removes any mark applied to any sheep under article 19; or b knowingly or recklessly makes a declaration in Form E, J or L which is false in a material particular; or c fails to comply with article 3(1), 4, 6(1), 7(3) or (7), 8, 9(2) or (3), 11(1), 13(1) or (2), 14(1), 15, 16(2) or (3), 18, 20, 21, 22 or 23; or d fails to comply with any notice issued under article 5(4) or any condition of any licence issued under this Order; or e causes or permits any such non-compliance, commits an offence against the Act. Local authority to enforce Order 30 The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority. Revocation 31 The Sheep Scab Order 1986 and the Sheep Scab (Amendment) Order 1987 are hereby revoked. In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th December 1991. John Selwyn Gummer Minister of Agriculture, Fisheries and Food Allan Stewart Parliamentary Under Secretary of State for Scotland 6th January 1992 David Hunt Secretary of State for Wales 3rd January 1992