§ Baroness Byfordasked Her Majesty's Government:
How many regulation-making powers in the Animal Health Act 1981 have been superseded by replacement powers embodied in the Animal Health Act 2002; and [HL2317]
How many regulation-making powers there are in the Animal Health Act 2002; and, of these, how 34WA many have been exercised as at 31 March 2004; and [HL2318]
Whether the regulation-making powers in the Animal Health Act 1981 are still being exercised; and, if so, which powers. [HL2319]
§ The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Whitty)The Animal Health Act 1981 provides Ministers with many powers to make secondary legislation for the control of animal disease and the welfare of animals. These powers are still extant. There are very many instruments remaining in force made under the original Act.
The Animal Health Act 2002 amended the Animal Health Act 1981, so as to provide further powers to make secondary legislation, particularly in relation to foot and mouth disease, scrapie and other exotic and endemic notifiable animal diseases. An example of the use of the powers as amended in 2002 is the Avian Influenza and Newcastle Disease (England and Wales) Order 2003. In total, three orders have been made under these new powers and all relate to avian influenza and Newcastle disease.