The Animal Health Act 1981 (Extension of Definition of Disease) (England) Order 2026
The Order legally extended the definition of 'disease' under the Animal Health Act 1981 to include swine vesicular disease for operations within England.
This statutory instrument, made by the Secretary of State under the Animal Health Act 1981, officially extends the legal definition of 'disease' specifically for the application of the Act within England to formally include swine vesicular disease, thereby enabling the full regulatory framework pertaining to animal diseases to be applied to this specific contagion.
Arguments For
Enhances public health and animal welfare regulations by extending necessary statutory controls to cover swine vesicular disease.
Ensures that the full powers and measures available under the Animal Health Act 1981 can be immediately deployed to manage, control, or eradicate outbreaks of swine vesicular disease in England.
Provides clarity and legal certainty for veterinarians, farmers, and regulatory bodies regarding the official status of swine vesicular disease under national legislation.
Arguments Against
The extension of statutory powers may lead to increased regulatory burdens, costs, and administrative requirements for pig farmers and associated businesses operating in England.
Although no significant impact is foreseen, the mandatory notification and control measures associated with a defined 'disease' could lead to disruption in the movement or trade of animals and products should an outbreak occur.
The instrument extends to England and Wales, but the primary disease definition extension applies only to England, potentially creating jurisdictional complexity if the disease is present on the border.
STATUTORY INSTRUMENTS
2026 No. 466
ANIMALS, ENGLAND
ANIMAL HEALTH
The Animal Health Act 1981 (Extension of Definition of Disease) (England) Order 2026
This outlines the document's official classification as a Statutory Instrument from 2026, numbered 466.
The subject matter concern Animals, specifically within England, under the heading of Animal Health.
Made - - - - at 12.24 p.m. on 28th April 2026
Coming into force in accordance with article 1(1)
The Order was legally made by the relevant authority at 12:24 p.m. on April 28, 2026.
It specifies that the commencement date will be determined according to the provisions laid out in its first article.
The Secretary of State makes this Order in exercise of the power conferred by section 88(2) of the Animal Health Act 1981( 1 ).
The Secretary of State enacted this Order using the specific legal authority granted under section 88(2) of the primary legislation, the Animal Health Act 1981.
Citation, commencement and extent
1. -(1) This Order may be cited as the Animal Health Act 1981 (Extension of Definition of Disease) (England) Order 2026 and comes into force immediately after it is made.
- (2) This Order extends to England and Wales.
Article 1 establishes the official title of the legislation and states it takes effect immediately upon being made.
The geographical scope of the Order's application covers both England and Wales.
Extension of the definition of 'disease'
2. F
for the purposes of the Animal Health Act 1981, as it applies in England, the definition of 'disease' in section 88(1) of that Act is extended so as to include swine vesicular disease.
This is the substantive provision.
It amends the Animal Health Act 1981, but only for England, by adding 'swine vesicular disease' to the list of conditions officially recognized as a 'disease' under section 88(1) of that Act.
( 1 ) 1981 c. 22. Functions conferred by the Act on 'the Ministers' and 'the appropriate Minister' (as defined in section 86 of that Act) were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) and were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).
This footnote provides historical context regarding the transfer of authority.
It explains how functions originally given to 'the Ministers' under the 1981 Act, when exercised by Secretaries of State for Scotland and Wales, were eventually moved to the Minister of Agriculture, Fisheries and Food, and subsequently to the current Secretary of State.
at 12.24 p.m. on 28th April 2026
Hayman of Ullock Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs
This confirms the precise time the Order was signed and identifies the certifying official, the Parliamentary Under Secretary of State from the Department for Environment, Food and Rural Affairs (Defra).
EXPLANATORY NOTE
(This note is not part of the Order)
This Order extends, for the purposes of the Animal Health Act 1981 (c. 22), the definition of 'disease' in section 88(1) of that Act so as to include swine vesicular disease. This Order applies in England only.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
The Explanatory Note clarifies that the purpose is to add swine vesicular disease to the definition of 'disease' under the 1981 Act for England.
It also records that a formal impact assessment was deemed unnecessary because the change is not expected to have a significant effect on public, private, or voluntary sectors.
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