
1 
This order may be cited as the Warble Fly (England and Wales) (Infected Areas) Order 1985 and shall come into operation on 23rd October 1985.
2 

(1) In this order, unless the context otherwise requires—
 “the Act” means the Animal Health Act 1981;
 “the appropriate Minister” means, in relation to England, the Minister
and in relation to Wales, the Secretary of State;
 “cattle” does not include calves aged less than twelve weeks;
 “cattle market” includes any public sale or exhibition of cattle;
 “certificate of exemption” means a certificate issued by a veterinary
inspector under paragraph (2) of article 14;
 “declaration of treatment” means declaration in form G signed by the owner or person in charge
of the cattle to which the declaration relates or by his duly authorised agent;
 “infected area”
means an area declared to be an infected area by a special
order made under paragraph (1) of article 3;
 “inspector”
means a person appointed to be an inspector for the
purposes of the Act by the Minister or by a local authority, and, when used
in relation to an officer of the Ministry, includes a veterinary inspector;
 “the Minister”
and “the Ministry” mean respectively the Minister and the Ministry of Agriculture, Fisheries
and Food;
 “premises” includes land;
 “product”
means a product for which there is a current product
licence granted under the Medicines Act 1968 permitting its sale and
supply for systemic use to kill warble fly;
 “relevant period”
means the period during which a special order made under paragraph (1) of article 3 remains in force;
 `to treat” means to administer a product according to its manufacturer's instructions,
and related expressions shall be construed accordingly;
 “veterinary inspector” means a veterinary inspector appointed
by the Minister;
and
 “warble fly”
means the warble fly in any stage of its life cycle.
(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.
3 

(1) If the Minister believes or suspects
that warble fly exists in an area he may, by special 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) A special order made under paragraph (1) above—
(a) shall specify the date on which it shall
come into force and the date on which it shall cease to be in force; and
(b) may be varied or revoked by a subsequent
special order.
(4) Where an area is declared by a special
order to be an infected area the provisions of this order shall apply in that
area, save so far as they may be expressly varied or excepted by any such
special order.
4 

(1) Subject to the provisions of this article
the movement of cattle out of an infected area is prohibited.
(2) The prohibition imposed by paragraph (1) above shall not apply to the
movement of cattle—
(a) under the authority of a licence in form F; or
(b) subject to paragraph (3) below, through an infected area
from a place outside the area direct to another place outside the area.
(3) Cattle moved through an infected area
in accordance with subparagraph (b) of paragraph
(2) above shall be moved through the area with
all practicable speed and by the most direct route and shall not be unloaded
in the area except in cases of emergency.
5 

(1) Subject to paragraph (4) below, cattle which are in an
infected area at any time during the relevant period shall be treated by the
owner or person in charge of them to the satisfaction of an inspector.
(2) The treatment shall, if the inspector
to whom notice is given in accordance with paragraph
(1) of article 7 so requires, be carried out
in the presence of an inspector.
(3) The treatment shall be completed within
the relevant period or, in the case of cattle which are moved into the infected
area during the last seven days of the relevant period, within seven days
of the last day of the period.
(4) Paragraph
(1) above shall not apply to—
(a) cattle which are slaughtered during the
relevant period or, in the case of cattle which are moved into the infected
area during the last seven days of the relevant period, which are slaughtered
within seven days of the last day of the period;
(b) cattle moved through an infected area
in accordance with paragraph (2)(b) of article
4.
6 
If any cattle required to be treated by paragraph (1) of article 5 are not treated
in accordance with that article—
(a) an inspector may, without prejudice to
any proceedings arising from the failure to treat, serve a notice in form H on the owner or person in charge of
the cattle requiring their treatment to the satisfaction of an inspector by
the date and at the place specified in the notice and, if the notice so requires,
in the presence of an inspector; and
(b) until they have been so treated they
shall not be moved from the premises they were on when the notice in form H was served except under the authority
of a licence in form F.
7 

(1) An owner or person in charge of cattle
required to be treated by paragraph (1) of article
5 or by a notice in form H served under article 6(a) shall give written notice of his
intention to treat the cattle to an inspector of the local authority for the
area in which the treatment is to take place.
(2) The notice shall state the date, time
and place of the intended treatment and the approximate number of cattle intended
to be treated.
(3) The notice shall be delivered or sent
by post to the inspector so as to be received at least three clear days before
the intended time of treatment.
(4) If for any reason the intended treatment
of the cattle at the time specified in the notice becomes impracticable, the
owner or person in charge shall immediately inform the inspector of the alternative
arrangements proposed for the treatment of the cattle and shall treat them
in accordance with those arrangements as soon as practicable and in any case
within the period within which they were required to be treated by paragraph (3) of article 5 or, as the case
may be, by the notice in form H.
8 
The owner or person in charge of any cattle required to be treated
by paragraph (1) of article 5
or by a notice in form H
served under article 6(a)
shall, not later than the eighth day after the day on which the last of the
cattle were treated, make a declaration of treatment in form G which declaration shall immediately
be delivered or sent by post to an inspector of the local authority for the
area in which the treatment took place.
9 

(1) If cattle are grazed or kept on common
land in an infected area an inspector may, if he considers it necessary or
expedient for the purpose of preventing the spreading of warble fly, serve
on the owner or person in charge of them a notice in form I.
(2) A person on whom a notice in form I is served shall, by the date specified
in the notice, gather the cattle to which the notice relates at the place
specified in the notice and ensure that they are not moved from the place
except under the authority of a licence in form
F until an inspector serves a notice in form J on him withdrawing the notice in form I.
10 

(1) No person shall hold or shall cause or
permit to be held a cattle market in an infected area except under the authority
of a licence issued by an inspector of the local authority for the area in
which the market is to be held.
(2) A licence under paragraph (1) above shall authorise the holding
of a cattle market only if—
(a) no cattle other than treated cattle which
are accompanied by a declaration of treatment in form K are admitted to the market; or
(b) no cattle other than untreated cattle
are admitted to the market; or
(c) where treated cattle and untreated cattle
are admitted to the market, they are kept separate from each other at all
times.
(3) An inspector of the local authority for
the area in which the market is held may give such directions as he considers
necessary to secure the effective separation of the cattle mentioned in paragraph (2)(c) above and the person to whom
the licence was issued shall comply with any such directions forthwith.
(4) No cattle may leave a cattle market held
in an infected area except under the authority of a licence in form F.
(5) A licence in form F issued under paragraph (4) above in respect of any untreated
cattle shall authorise the movement of such cattle only to—
(a) a slaughterhouse for slaughter within
72 hours of their arrival there;
(b) the premises from which they were brought
to the market; or
(c) approved holding premises for—
(i) treatment, to the satisfaction of an
inspector, within seven days of their arrival there, or
(ii) movement, within seven days of their
arrival there, to a slaughterhouse for slaughter within 72 hours of their
arrival at that slaughterhouse.
(6) For the purposes of paragraph (5) above “approved holding premises” means premises which have been approved by a veterinary inspector under article 12 for the temporary holding of cattle.
(7) For the purposes of this article, “treated cattle” means cattle which have been treated during the relevant period in accordance
with article 5
and “untreated cattle” shall be construed accordingly.
11 

(1) No person shall receive or cause or permit
to be received any untreated cattle from an infected area at a market (or
part of a market) held outside an infected area unless—
(a) the cattle have been moved out of the
infected area under the authority of a licence in form F, and
(b) the market (or part of the market) is
authorised to be used for the receipt of such cattle by a licence issued by
an inspector of a local authority.
(2) No untreated cattle which have been received
from an infected area at a market (or part of a market) held outside the infected
area shall be moved from such market (or part of a market) except under the
authority of a licence in form F.
(3) A licence in form F issued under paragraph (2) above in respect of any untreated
cattle shall authorise the movement of such cattle only to—
(a) a slaughterhouse for slaughter within
72 hours of their arrival there;
(b) the premises from which they were brought
to the market (or part of a market); or
(c) approved holding premises for—
(i) treatment, to the satisfaction of an
inspector, within seven days of their arrival there, or
(ii) movement, within seven days of their
arrival there, to a slaughterhouse for slaughter within 72 hours of their
arrival at that slaughterhouse.
(4) For the purposes of paragraph (3) above, “approved holding premises” means premises which have been approved by a veterinary inspector under article 12 for the temporary holding of cattle.
(5) For the purposes of this article, “untreated cattle” means cattle which have not been treated during the relevant period in
accordance with article 5.
12 

(1) A veterinary inspector may, on an application
being made to him by the occupier of any premises, approve those premises
for the temporary holding of cattle for the purposes of article 10(5)(c) and 11(3)(c)
if he is satisfied after inspecting the premises that they are fit to be used
for that purpose.
(2) An approval of any premises for the temporary
holding of cattle given under paragraph (1)
above shall be given in writing and may—
(a) be given subject to such conditions as
the veterinary inspector giving the approval considers necessary for preventing
the spreading of warble fly; and
(b) be varied, suspended or withdrawn at
any time by a notice in writing served by a veterinary inspector on the occupier
of the premises.
13 
If any person fails to take any action required to be taken by
him under this order or any notice or licence served or issued under it, an
officer of the appropriate Minister or an inspector of the local authority
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 as a civil debt
by the appropriate Minister or, as the case may be, by the local authority
from the person in default.
14 

(1) Any requirement to treat cattle arising
under this order or any notice or licence served or issued under it shall
not apply in respect of any cattle if—
(a) it is not reasonable, and has at no time
since the requirement arose been reasonable, to treat them on account of sickness,
treatment other than for warble fly or any other veterinary reason; or
(b) a veterinary inspector has issued a certificate
of exemption in respect of them under paragraph
(2) below.
(2) A veterinary inspector may at the request
of the owner or person in charge of any cattle issue a certificate of exemption
in respect of the cattle if he is satisfied that it is impracticable or inexpedient
to treat them.
(3) A certificate issued under paragraph (1) above may be issued subject to
such conditions as the veterinary inspector issuing it considers necessary
for the purpose of preventing the spreading of warble fly.
15 
A veterinary inspector may at any time cancel any notice served
by an inspector under this order or revoke any certificate of exemption issued
under this order by notice in writing given to the person on whom the notice
was served or, as the case may be, to the person to whom the certificate of
exemption was issued.
16 

(1) Any person in charge of cattle being
moved under the authority of a licence in form
F shall carry the licence with him and shall,
on demand made by an inspector, produce the licence and allow a copy thereof
or extract therefrom to be taken and shall also, if so required by the inspector,
furnish his name and address.
(2) Subject to paragraph (3) below a licence in form F authorising the movement of any cattle
shall be issued by an inspector of the local authority for the area in which
the cattle are when application is made for the issue of the licence.
(3) An inspector shall not issue a licence
in form F authorising
the movement of any cattle if he is satisfied that the movement would give
rise to any risk of the spreading of warble fly.
(4) A licence in form F authorising the movement of any cattle
or a licence issued under paragraph (1) of article
10 authorising the holding of any cattle market
or a licence issued under paragraph (1)(b) of
article 11 authorising the receipt of cattle
at a market (or part of a market) outside an infected area shall be retained
by the person receiving the cattle or, as the case may be, by the person holding
the market for a period of 12 months following the completion of the movement
or the holding of the market and shall be produced to an inspector on demand
being made by him at any reasonable time during that period.
(5) Any person applying for a licence in form F authorising the movement of any cattle
or a licence under paragraph (1) of article 10 authorising the holding of any cattle market
or a licence under paragraph (1)(b) of article
11 shall provide the inspector to whom the
application is made with such information as the inspector may reasonable
require so as to enable him to determine whether or not the movement of the
cattle or the holding of the market or, as the case may be, the receipt of
the cattle would give rise to the risk of the spreading of warble fly.
(6) A licence in form F or a licence under paragraph (1) of article 10 or paragraph (1)(b) of article 11 may be issued
subject to such conditions as the inspector issuing it considers necessary
or expedient for the purpose of preventing the spreading of warble fly and
an inspector may at any time, by notice in writing given to the person to
whom the licence was issued, revoke, vary or suspend the licence.
17 
Any person who, without lawful authority or excuse, proof of which
shall lie on him—
(a) contravenes any provision of this order,
or any provision or condition of any licence, certificate of exemption or
notice issued or served under this order; or
(b) fails to comply with any such provision
or with any condition of any such licence, certificate of exemption or notice;
or
(c) causes or permits any such contravention or non-compliance,
commits an offence against the Act.
18 
The provisions of this order shall, except where otherwise provided, be executed and enforced by the local authority.
19 
The Warble Fly (England and Wales) (Infected Areas) Order 1983 and the Warble Fly (England and Wales) (Infected Areas) (Amendment) Order 1984 are hereby revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 2nd October 1985.
Michael Jopling
Minister of Agriculture, Fisheries and Food
Nicholas Edwards
Secretary of State for Wales
2nd October 1985
SCHEDULE 1

FORM F
FORM G
FORM H
FORM I
FORM J
FORM K