The Pigs (Records, Identification and Movement) Order 1995

Part I · Preliminary

Article 1Title and commencement#

This order may be cited as the Molluscan Shellfish (Control of Deposit) (Variation) Order 1983 and shall come into operation on 15th February 1983.

Article 2Interpretation#

(1)In this Order—• “approved disinfectant” means a disinfectant listed as approved in the case of Swine Vesicular Disease in Schedule 1 to the Diseases of Animals (Approved Disinfectants) Order 1978 and “disinfect” means disinfect with an approved disinfectant;• “collecting centre” has the meaning assigned to it in article 11 below;• “farm” means any holding on which pigs are kept for the purpose of breeding or fattening them;• “identification mark” means a mark complying with paragraph (1) or (3)(b) of article 5;• “identification number of the holding” means the numeric code which is allotted to the holding by the appropriate Minister;• “livestock” means cattle, sheep, pigs and goats;• “market” means a market place or sale-yard or any other premises or place to which animals are brought from other places and exposed for sale; and includes any place adjoining those premises used by visitors to the market for parking vehicles and any lairage adjoining a market and used in connection with it;• “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;• “waste food” means—(a) any meat, bones, blood, offal or other part of the carcase of any livestock or of any poultry, or product derived therefrom or hatchery waste or eggs or egg shells; or(b) any broken or waste foodstuffs (including table or kitchen refuse scraps or waste) which contain or have been in contact with any meat, bones, blood, offal or with any other part of the carcase of any livestock or of any poultry;• but does not include meal manufactured from protein originating from livestock or poultry.

(2)Where an owner or the person in charge of hay or straw fails to comply with the requirements of a notice served under paragraph (1) above, an inspector may seize or cause to be seized the hay or straw to which the notice relates and carry out or cause to be carried out the requirements of the notice and for this purpose an inspector may subject to production of his certificate of appointment on demand enter any land, premises or vehicle taking with him such persons as he considers requisite. An inspector entering under this paragraph shall, if required by the owner or the person in charge of the land, premises or the vehicle, state his reasons for entering.

(3)The appropriate Minister shall not pay compensation to any person in respect of hay or straw destroyed under this article.

Part II · Records and identification of pigs

Identification of pigs

Article 5Identification marks#

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Article 6Ear tags#

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Records of pigs

Article 3Records and notifications of holdings#

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Article 4Records of pigs#

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Part III · Movement of pigs

Article 7Prohibition on certain movements of pigs#

(1)Where any hay or straw is landed in Great Britain in contravention of this order or of a licence, an inspector may by notice in writing served on the owner or the person in charge of the hay or straw require him, at the owner's expense, to destroy the hay or straw or to export the hay or straw from Great Britain within such time as he may specify in the notice.

(2)Where an owner or the person in charge of hay or straw fails to comply with the requirements of a notice served under paragraph (1) above, an inspector may seize or cause to be seized the hay or straw to which the notice relates and carry out or cause to be carried out the requirements of the notice and for this purpose an inspector may subject to production of his certificate of appointment on demand enter any land, premises or vehicle taking with him such persons as he considers requisite. An inspector entering under this paragraph shall, if required by the owner or the person in charge of the land, premises or the vehicle, state his reasons for entering.

(a)the landing in Great Britain of any hay or straw in contravention of the provisions of article 3(1) above with intent to evade those provisions, or

(b)the failure by any person to observe any condition of a licence with intent to evade such condition.

Article 8Restriction on movement of pigs within 20 days of a previous movement#

(1)Where any hay or straw is landed in Great Britain in contravention of this order or of a licence, an inspector may by notice in writing served on the owner or the person in charge of the hay or straw require him, at the owner's expense, to destroy the hay or straw or to export the hay or straw from Great Britain within such time as he may specify in the notice.

(2)Where an owner or the person in charge of hay or straw fails to comply with the requirements of a notice served under paragraph (1) above, an inspector may seize or cause to be seized the hay or straw to which the notice relates and carry out or cause to be carried out the requirements of the notice and for this purpose an inspector may subject to production of his certificate of appointment on demand enter any land, premises or vehicle taking with him such persons as he considers requisite. An inspector entering under this paragraph shall, if required by the owner or the person in charge of the land, premises or the vehicle, state his reasons for entering.

(a)the landing in Great Britain of any hay or straw in contravention of the provisions of article 3(1) above with intent to evade those provisions, or

(i)in a case where the car has been tested under the ECE test procedure or the EEC test procedure, in the form set out in Part I of Schedule 5;

(ii)in a case where the car has been tested under the new EEC test procedure in the form set out in Part II of Schedule 5;

(b)the failure by any person to observe any condition of a licence with intent to evade such condition.

(c)esparto grass.

(3)The appropriate Minister shall not pay compensation to any person in respect of hay or straw destroyed under this article.

(a)the landing in Great Britain of any hay or straw in contravention of the provisions of article 3(1) above with intent to evade those provisions, or

(i)in a case where the car has been tested under the ECE test procedure or the EEC test procedure, in the form set out in Part I of Schedule 5;

(ii)in a case where the car has been tested under the new EEC test procedure in the form set out in Part II of Schedule 5;

(iii)in a case where the car has been tested in accordance with Article 6(1)(b) and the particulars submitted to the Secretary of State in accordance with Article 6(2)(c) included the particulars specified in paragraph 12.1 of Part III of Schedule 2, in the form set out in Part I of Schedule 5; and

(iv)in a case where the car has been tested in accordance with Article 6(1)(b) and the particulars submitted to the Secretary of State in accordance with Article 6(2)(c) included the particulars specified in paragraph 12.2 of Part III of Schedule 2, in the form set out in Part II of Schedule 5, and

(b)the failure by any person to observe any condition of a licence with intent to evade such condition.

Article 8ARestrictions on movement of pigs for export#

(1)Where any hay or straw is landed in Great Britain in contravention of this order or of a licence, an inspector may by notice in writing served on the owner or the person in charge of the hay or straw require him, at the owner's expense, to destroy the hay or straw or to export the hay or straw from Great Britain within such time as he may specify in the notice.

Article 9Regulation of movement of pigs from a farm and on return to the farm after movement for certain purposes#

(1)Where any hay or straw is landed in Great Britain in contravention of this order or of a licence, an inspector may by notice in writing served on the owner or the person in charge of the hay or straw require him, at the owner's expense, to destroy the hay or straw or to export the hay or straw from Great Britain within such time as he may specify in the notice.

(a)the landing in Great Britain of any hay or straw in contravention of the provisions of article 3(1) above with intent to evade those provisions, or

(b)the failure by any person to observe any condition of a licence with intent to evade such condition.

(c)esparto grass.

(2)Where an owner or the person in charge of hay or straw fails to comply with the requirements of a notice served under paragraph (1) above, an inspector may seize or cause to be seized the hay or straw to which the notice relates and carry out or cause to be carried out the requirements of the notice and for this purpose an inspector may subject to production of his certificate of appointment on demand enter any land, premises or vehicle taking with him such persons as he considers requisite. An inspector entering under this paragraph shall, if required by the owner or the person in charge of the land, premises or the vehicle, state his reasons for entering.

(a)the landing in Great Britain of any hay or straw in contravention of the provisions of article 3(1) above with intent to evade those provisions, or

(b)the failure by any person to observe any condition of a licence with intent to evade such condition.

(3)The appropriate Minister shall not pay compensation to any person in respect of hay or straw destroyed under this article.

(4)Any reasonable expenses arising out of or in connection with the exercise of the powers conferred on an inspector by this article shall, without prejudice to any proceedings for any offence against the Act, be recoverable on demand by the appropriate Minister or, as the case may be, the local authority as a civil debt from the owner or the person in charge of the hay or straw in respect of which the power was exercised.

Article 10Regulation of movement of pigs from premises where waste food is kept#

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Article 11Regulation of movement of pigs from collecting centres#

(1)Where any hay or straw is landed in Great Britain in contravention of this order or of a licence, an inspector may by notice in writing served on the owner or the person in charge of the hay or straw require him, at the owner's expense, to destroy the hay or straw or to export the hay or straw from Great Britain within such time as he may specify in the notice.

(2)Where an owner or the person in charge of hay or straw fails to comply with the requirements of a notice served under paragraph (1) above, an inspector may seize or cause to be seized the hay or straw to which the notice relates and carry out or cause to be carried out the requirements of the notice and for this purpose an inspector may subject to production of his certificate of appointment on demand enter any land, premises or vehicle taking with him such persons as he considers requisite. An inspector entering under this paragraph shall, if required by the owner or the person in charge of the land, premises or the vehicle, state his reasons for entering.

(3)The appropriate Minister shall not pay compensation to any person in respect of hay or straw destroyed under this article.

(4)Any reasonable expenses arising out of or in connection with the exercise of the powers conferred on an inspector by this article shall, without prejudice to any proceedings for any offence against the Act, be recoverable on demand by the appropriate Minister or, as the case may be, the local authority as a civil debt from the owner or the person in charge of the hay or straw in respect of which the power was exercised.

Article 12Regulation of any other movement of pigs#

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Article 13Regulation of sales of pigs#