Diseases of Animals (Amendment No. 6) (Jersey) Law 2005

L.30/2005 Diseases of Animals (Amendment No. 6) (Jersey) Law 2005 Arrangement Article 1 Interpretation . 719 2 Articles 32A and 32B inserted . 719 3 Article 36 amended . 722 4 Article 36A inserted . 723 5 Citation and commencement 723 Diseases of Animals (Amendment No. 6) (Jersey) Law 2005 A LAW to amend further the Diseases of Animals (Jersey) Law 1956. Adopted by the States 5th April 2005 Sanctioned by Order of Her Majesty in Council 12th October 2005 Registered by the Royal Court 4th November 2005 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – 1 Interpretation In this Law “principal Law” means the Diseases of Animals (Jersey) Law 1956 . [1] 2 Articles 32A and 32B inserted After Article 32 of the principal Law there shall be inserted the following Articles – “32A Further powers of inspectors (1) An inspector may make such enquiries and carry out such investigations as the inspector considers necessary for any purpose connected with the administration or enforcement of this Law or any Order. (2) Where an inspector exercises a power of entry under Article 32, the inspector may – (a) ascertain whether any diseased animal or any substance is being or has been kept on the premises; (b) examine any animal, carcase or substance; (c) make such tests and take such samples as the inspector considers necessary; (d) mark for identification purposes any animal, carcase or substance; (e) serve a notice prohibiting or regulating the movement of any animal, carcase or substance or to require its disposal in accordance with any Order; (f) serve a notice under Article 32B(1) or (2) or carry out or cause to be carried out the requirements of such a notice under Article 32B(3); (g) seize any animal, carcase or substance or serve a notice in connection with the seizure; (h) slaughter any animal in accordance with Article 7 or serve a notice in connection with such slaughter; (i) serve a notice requiring any cleansing and disinfection in accordance with any Order, or carry out or cause to be carried out such cleaning and disinfection; (j) examine and take copies of any record, including any computer record; and (k) ascertain whether there is or has been any contravention of this Law or any Order or whether there is any evidence of any such contravention. (3) No person except an inspector shall remove or otherwise interfere with any mark applied under paragraph (2)(d). (4) If the Bailiff or a Jurat is satisfied that there is reasonable ground for an inspector to exercise the power of entry under Article 32 and either – (a) that admission to the premises has been refused, or a refusal is expected, and that notice of the intention to apply for a warrant has been given to the occupier; or (b) that an application for admission, or the giving of such a notice, would defeat the purpose of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is absent, the Bailiff or Jurat, as the case may be, may issue a warrant authorizing an inspector to enter the premises if need be by reasonable force. (5) If an inspector enters any premises by virtue of a warrant issued under this Article the inspector shall at the time of entry – (a) if the occupier is on the premises, serve a copy of the warrant on that person; or (b) in any other case leave a copy of the warrant in a conspicuous place on the premises. (6) The occupier of premises entered by an inspector under Article 32, or by virtue of a warrant issued under this Article, and the occupier’s employees and any person on the premises who is or has been in possession or charge of any animal, carcase or substance that is or has been on the premises shall – (a) provide such reasonable facilities and reasonable assistance to the inspector and comply with such reasonable requirements as the inspector considers necessary for any purpose connected with the administration or enforcement of this Law or any Order; and (b) if required by an inspector, give such information as he or she possesses as to – (i) any animal, carcase or substance which is or has been on the premises, (ii) any animal or carcase with which any animal, carcase or substance that is or has been on the premises may have come into contact, and (iii) the location, transport and movement of any animal, carcase or substance that is or has been in his or her possession or charge. (7) An inspector entering any premises under Article 32, or by virtue of a warrant issued under this Article, may be accompanied by such other persons as the inspector considers necessary to give adequate assistance. (8) If such premises are unoccupied the inspector shall leave them as effectively secured against unauthorized entry as they were prior to entry. (9) A person on whom a notice under this Article is served shall comply with the notice at his or her own expense and if the person fails to so comply, an inspector may arrange for the notice to be complied with at the person’s expense. (10) In this Article – ‘ substance ’ means any substance the possession, transportation, sale or supply of which is prohibited by an Order for the purpose of preventing the spread of disease; ‘ premises ’ means any place with respect to which an inspector has a power of entry under Article 32. 32B Disposal and recall of prohibited substances (1) Where an inspector finds any substance that is possessed, transported, sold or supplied in contravention of any Order the inspector may serve a notice on the person in possession of the substance requiring the person to dispose of it and any other substance with which it has come into contact, in such manner and within such period as may be specified in the notice. (2) An inspector may serve on any person who has sold or supplied any substance the sale or supply of which is prohibited by an Order a notice requiring that person to collect at the person’s own expense that substance from the person to whom it was sold or supplied, or from any other person to whom it may have subsequently been sold or supplied, and to transport it to such place and within such time as may be specified in the notice. (3) If any person on whom a notice is served under paragraph (1) or (2) contravenes the notice an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable by the Committee from the person on whom the notice was served.”. 3 Article 36 amended In Article 36 of the principal Law – (a) after paragraph (1)(b) there shall be inserted the following sub-paragraphs – “(ba) if he fails to give to any person acting in the execution of this Law any assistance or information which that person may reasonably require for the purpose of carrying out any functions under this Law; or (bb) if he furnishes to any person acting in the execution of this Law any information which he knows to be false or misleading; or”; (b) after paragraph (1) there shall be inserted the following paragraph – “(1A) Nothing in paragraph (1)(ba) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate the person.”; and (c) a fter paragraph (2) there shall be added the following paragraphs – “(3) A person who aids, abets, counsels or procures the commission of an offence under this Law shall also be guilty of the offence and liable in the same manner as a principal offender to the penalty provided for that offence. (4) Where an offence under this Law committed by a limited liability partnership or body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of – (a) a person who is a partner of the partnership, or director, manager, secretary or other similar officer of the body corporate; or (b) any person purporting to act in any such capacity, the person shall also be guilty of the offence and liable in the same manner as the partnership or body corporate to the penalty provided for that offence. (5) Where the affairs of a body corporate are managed by its members, paragraph (4) shall apply in relation to acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.”. 4 Article 36A inserted After Article 36 there shall be inserted the following Article – “36A Offences due to fault of another person and defence of due diligence (1) Where the commission by any person of an offence under this Law is due to the act or default of some other person, that other person shall be guilty of the offence. (2) A person may be charged with and convicted of the offence by virtue of paragraph (1) whether or not proceedings are taken against another person. (3) In any proceedings for an offence under this Law, it shall, subject to paragraph (4), be a defence for the person charged with the offence to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence personally or by a person under his or her control. (4) If in any case the defence provided by paragraph (3) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless – (a) at least 7 clear days before the hearing; and (b) where he or she has previously appeared before a court in connection with the alleged offence, within one month of the first such appearance, the person has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his or her possession. (5) In paragraph (4) any reference to appearing before a court shall be construed as including a reference to being brought before a court.”. 5 Citation and commencement This Law may be cited as the Diseases of Animals (Amendment No. 6) (Jersey) Law 2005 and shall come into force on the seventh day following its registration. m.n. de la haye Greffier of the States. [1] Chapter 02.400 .