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The Zoonoses (Monitoring) (England) Regulations 2007

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The Zoonoses (Monitoring) (England) Regulations 2007 List of acts
 Selected UK Acts and Regulations
    Wills and probate
 
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CONTENTS

Statutory Instruments

2007 No. 2399
animals, england

animal health

The Zoonoses (Monitoring) (England) Regulations 2007

Made: 13th August 2007
Laid before Parliament: 16th August 2007
Coming into force: 1st October 2007

 

The Secretary of State is designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures in the veterinary and phytosanitary fields for the protection of public health.

He makes the following Regulations under the powers conferred by that section:

Title, application and commencement

1.  These Regulations—

(a) may be cited as the Zoonoses (Monitoring) (England) Regulations 2007;

(b) apply in England; and

(c) come into force on 1st October 2007.

Interpretation

2.—(1) In these Regulations—

“the Directive” means Directive 2003/99/EC of the European Parliament and of the Council on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC(3);

“inspector” means any person appointed to be an inspector for the purposes of these Regulations by the Secretary of State or a local authority;

“local authority” means—

(a) in any part of England where there is a unitary authority, that authority;

(b) in any part of England where there is not a unitary authority—

(i) in a metropolitan district, the council of that district,

(ii) in a non-metropolitan county, the council of that county,

(iii) in each London borough, the council of that borough;

(iv) in the City of London, the Common Council;

“unitary authority” means any authority that is the sole principal council for its local government area.

(2) Expressions used in both these Regulations and the Directive have the same meaning in these Regulations as they have in the Directive.

Competent authority

3.  The Secretary of State is the competent authority for the purposes of Articles 3(2), 6(1) and 8(2) of the Directive in so far as that Directive relates to animals.

Power of entry

4.—(1) An inspector shall, on producing (if so required) some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises on which any animal or animal feedingstuff is, or has been, present for the purpose of—

(a) determining whether any zoonosis listed in the Schedule or any zoonotic agent of any such zoonosis exists or has existed there;

(b) determining whether there is evidence of antimicrobial resistance in any such zoonotic agent or in any other agent that presents a threat to public health;

(c) determining, if the epidemiological situation so requires, whether—

(i) any other zoonosis or zoonotic agent exists or has existed there,

(ii) there is evidence of antimicrobial resistance in any such zoonotic agent,

(iii) any agent of any infection that exists or has existed on those premises is transmissible directly or indirectly from animals to humans, or

(iv) any agent of any infection that is, or may be, transmissible directly from animals to humans exists, or has existed, on those premises; or

(d) the enforcement of these Regulations.

(2) Paragraph (1) does not apply to admission to any premises used only as a private dwelling-house unless—

(a) 24 hours’ notice of the intended entry has been given to the occupier; or

(b) the entry is in accordance with a warrant granted under this regulation.

(3) If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purposes of the enforcement of these Regulations and—

(a) admission has been refused, or a refusal is expected, and (in either case) notice to apply for a warrant has been given to the occupier;

(b) asking for admission, or the giving of such a notice, would defeat the object of the entry;

(c) the case is one of urgency; or

(d) the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him authorise the inspector to enter the premises, if necessary by reasonable force.

(4) A warrant under this regulation shall continue in force for one month.

(5) If an inspector enters any unoccupied premises he must leave them as effectively secured against unauthorised entry as he found them.

(6) In this regulation “premises” includes any land, place, vehicle or trailer, container, stall, moveable structure, ship or aircraft.

 
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