Memorandum by the Ministry of Agriculture, Fisheries
ENZOOTIC BOVINE LEUKOSIS ORDER 1997 (S.I. 1997/757)
1. The Committee asked:
Article 1(3) defines "approved laboratory" as
one approved by the Minister and listed in Schedule 1. If the
Minister withdraws his approval for a laboratory, explain how
those who use it under regulation 5 for testing their milk, will
be made aware, before Schedule 1 is amended, that the laboratory
has ceased to be approved.
2. Article 5(1)(a) requires specified persons to select an
approved laboratory. Article 5(1)(b) requires that person to
notify the Minister of the laboratory selected. Accordingly the
Ministry will have a record of the users of each laboratory.
In the event of an approval being removed the Ministry will notify
users of the fact.
3. The Committee asked:
Article 2(1) imposed obligations on a person who has an
affected animal "under his control". Is this expression
meant to have a meaning different from "under his charge"
used in the other provisions? If so, explain the different meanings.
4. The two phrases are intended to mean the same thing. The
Ministry accepts that it would have been better to use the same
phrase. However, it is submitted that no ambiguity arises, and
that a court would interpret the two phrases in the same way.
13th June 1997