The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Order 1991

Made: 10th January 1991

Laid before Parliament: 11th January 1991

Coming into force: 14th January 1991

Now, therefore, in exercise of the powers conferred on him by sections 1(1) and (2), and 24(1) and (3) of the said Act[^f00002], and of all other powers enabling him in that behalf, he hereby makes the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Order 1991 and shall come into force on 14th January 1991.

• (2) In this Order—

• “the Act” means the Food and Environment Protection Act 1985;

• “designated areas” means the areas described in Schedule 1 to this Order;

• “sheep” means an animal of the genus Ovis of whatever age or sex.

Designated circumstances

2

In the opinion of the Secretary of State food which is, or may be in the future, derived from sheep in any of the designated areas is, or may be, or may become unsuitable for human consumption in consequence of the elevated levels of radioactivity found in the designated areas following the escape on or after 26th April 1986 of radioactive substances from a nuclear powered reactor situated at Chernobyl in the Ukraine, USSR.

Designated areas

3

The areas described in Schedule 1 to this Order are hereby designated for the purposes of Part I of the Act.

Activities prohibited in the designated areas

4

No person shall in any of the designated areas slaughter any sheep for human consumption or for use in the preparation of feeding stuffs from which food could be derived.

Restrictions on movement

5

• (1) No person shall move any sheep from any farm, agricultural holding or agricultural premises in any of the designated areas.

• (2) No person shall move into any of the designated areas any sheep which has been removed from those areas or from any area which is at the time of the removal designated by an order under section 1 of the Act which refers to the circumstances described in article 2 of this Order, except any sheep which was moved from any place in accordance with a consent given under section 2(1) of the Act which consent was subject to the condition that the sheep to which it applies should be marked with a green, blue or apricot mark.

Restrictions throughout the United Kingdom

6

• (1) No person shall in the United Kingdom—

• (a) slaughter for human consumption or for use in the preparation of feeding stuffs any sheep which was in a designated area described in Part I of Schedule 1 to this Order at any time after 8th July 1987 or in a designated area described in Part II of that Schedule at any time after 12th August 1987; or

• (b) supply, or have in possession for supply, any meat derived from a sheep or any food which contains any such meat, if that sheep was in a designated area described in Part I of Schedule 1 to this Order at any time after 8th July 1987 or in a designated area described in Part II of that Schedule at any time after 12th August 1987.

• (2) Paragraph (1) above shall not apply in the case of—

• (a) any sheep which was moved from a designated area in accordance with a consent given under section 2(1) of the Act which consent did not require that sheep to be marked and did not require that sheep to be returned to one of the designated areas;

• (b) any sheep which—

• (i) was moved from a designated area in accordance with a consent given under the said section 2(1) which consent required that the sheep to which it applied should be marked with a paint mark; and

• (ii) has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers;

• (c) any sheep—

• (i) which was moved from a designated area in accordance with a consent issued under the said section 2(1); and

• (ii) which was marked with a blue paint mark in accordance with that consent,

on or after 1st April of the year following the year in which it was so marked;

• (d) any sheep—

• (i) which was moved from a designated area in accordance with a consent issued under the said section 2(1); and

• (ii) which was marked with an apricot paint mark in accordance with that consent,

on or after 1st August of the year in which it was so marked; and

• (e) any sheep—

• (i) which was moved from a designated area in accordance with a consent issued under the said section 2(1); and

• (ii) which was marked with a green paint mark in accordance with that consent,

on or after 1st December of the year in which it was so marked.

Revocation

7

The Orders specified in Schedule 2 are hereby revoked.

SCHEDULE 1 — THE DESIGNATED AREAS

PART I

Dumfries and Galloway Region

1

The area of land within Nithsdale District comprising that part of the Parish of New Abbey bounded as follows:—

• On the north by the Glensone Burn running in an easterly direction until it meets the weir below the junction of the Glensone Burn and the Kinharvie Burn; on the east by the Kinharvie Plantation and the Kinharvie Burn running in a southerly direction until Hawkhill; on the south by Hayfield Knowe, part of the Kinharvie Plantation, in a westerly direction until the Cullendeugh Plantation; and on the west running in a northerly direction by the eastern side of the Cullendeugh Plantation to the point national grid reference NX917659 and onwards to Riddlebank.

2

The area of land within Stewartry District comprising that part of the Parish of Kirkgunzeon bounded as follows:—

• On the north from the point national grid reference NX 871653 eastwards to the point national grid reference NX 878653 on the Glaisters Burn and then generally south easterly by the said burn until it meets the Plascow Rig Plantation; then south westerly along the western edge of the said plantation to the point national grid reference NX 875637 and northerly to the point national grid reference NX 877653.

Part II

Dumfries and Galloway Region

1

• (a) The area of land within Stewartry District comprising that part of the Parish of Dunscors bounded as follows:—

• On the north at Loch Urr on the boundary between Stewartry and Nithsdale Districts running in an easterly direction along the boundary between the Parishes of Glencairn and Dunscore until the minor road north of Craigenvey Moor and then further east along the said minor road until the point national grid reference NX 782846; then in a south easterly direction following the dyke to the point national grid reference NX 788842; then in a south westerly direction to the Carstramon Hill; then in a westerly direction until the watercourse to the north of Craigenputtock Moor; then following the said watercourse in a westerly direction until it meets the Urr Water; then in a northerly direction following the Urr Water to Loch Urr. The area of land within Stewartry District comprising that part of the Parish of Kirkpatrick Durham bounded as follows:—

• On the north from the point where the Craigenputtock Burn meets the Urr Water and running in a south-easterly direction to the Barr Hill plantation; then in a south-easterly direction following the western boundary of said plantation until it meets the Auchenhay Burn and then in a southerly direction by the said Burn to the point national grid reference NX 773777; then in a westerly direction until Crogo Mill; and then following the Urr Water in a northerly direction until it meets the Craigenputtock Burn. The area of land within Wigtown District comprising that part of the Parish of Minnigaff bounded as follows:—

• On the north-west from the point where the Cross Burn meets the boundary between Dumfries and Galloway Region and Strathclyde Region running in an easterly direction following said boundary until it meets the boundary between Wigtown District and Stewartry District at the point national grid reference NX 467873; then in a southerly direction following the western boundary of the forestry plantation and the boundary between Wigtown District and Stewartry Doistrict until it meets the River Dee to the south of Rig of Crow Nest; then following the eastern, northern and western boundaries of Ellergower Knowe plantation until it meets Loch Dee; then following round the western edge of Loch Dee to the point where it meets the White Laggan Burn; then in a westerly and then southerly direction following the boundary of White Laggan plantation until it again meets the White Laggan Burn; then in a south-easterly direction to Millfore Hill and continuing on to the Plantation south of Kirkloch; then following generally the western boundary of said plantation to the point where the Green Burn meets the Pulbae Burn; then in a northerly direction, following the boundary of the said plantation to the point national grid reference NX 412711; then following the Coldstream Burn in a south-westerly direction until it meets the plantation south of Drannandow Farm; then in a northerly direction following the eastern boundary of Glentrool Forest passing to the south of Glenhead and Buchan steadings and following the boundary of Glentrool Forest to the south of Palgowan; then in a northerly direction following generally the eastern boundary of Glentrool Forest until the point where the Cross Burn meets the said Regional boundary. The area of land within Nithsdale District comprising that part of the Parish of Kirkconnel bounded as follows:—

• On the north from the point where the Polmarlach Burn meets the River Nith and running in an easterly direction by the River Nith to the point national grid reference NS 693130; then in a southerly direction to, and crossing the Road A76 at the point national grid reference NS 695125 and then continuing generally in a south-westerly direction through White Hill and south-westerly until the eastern boundary of the plantation at the point national grid reference NS 682102 north of Polnagrie Hill; then following generally the eastern and northern boundaries of the said plantation until it meets the Polmarlach Burn; and then following the said Burn until it meets the River Nith.

Strathclyde Region

2

• (a) The area of land within Cumnock and Doon Valley District comprising that part of the Parish of Sorn bounded as follows:—

• On the north from the point national grid reference NS 540330 on the boundary between Cumnock and Doon Valley District and Kilmarnock and Loudoun District continuing in an easterly direction by the said boundary to the point national grid reference NS 587325 on the said boundary; then in a south-westerly direction to the Road B7037 at the point national grid reference NS 537302 and continuing in a north-westerly direction to where the said road crosses the Auchmannock Burn; then following the said Burn in a north-westerly direction to the point national grid reference NS 542312 and continuing generally in a northerly direction to the boundary between Cumnock and Doon Valley District and Kilmarnock and Loudoun District at the point national grid reference NS 540330. The area of land within Cumnock and Doon Valley District comprising that part of the Parish of Dalmellington bounded as follows:—

• On the north from the point national grid reference NS484029 continuing in an easterly direction by the southern boundary of the Bellsbank Plantation until it meets the Muck Water; then in a south-easterly direction by the Muck Water and the western boundary of another plantation to the point national grid reference NS511013; then in a southerly direction to the western edge of Loch Muck and continuing along the western and southern edges of said Loch to the boundary between Strathclyde Region and Dumfries and Galloway Region; and then continuing in a south-westerly direction by said boundary until it meets Loch Doon; and then continuing in a north-westerly direction by the north-eastern edge of said Loch until it meets the Eriff Plantation; then continuing along the eastern and northern boundaries of said Plantation until it meets the eastern edge of Loch Doon, and then in a north-easterly direction to the point national grid reference NS485029. The area of land within Cumnock and Doon Valley District comprising that part of the Parish of Auchinleck bounded as follows:—

• On the north from the point national grid reference NS625249 in a north-easterly direction to the point national grid reference NS640257; then in a south-easterly direction to the course of the old railway at the point national grid reference NS644254 and continuing along the said course until it meets the boundary between the Parishes of Auchinleck and Muirkirk; then continuing generally in a south-easterly direction by the said Parish boundary until it meets the boundary between Cumnock and Doon Valley District and Clydesdale District; then continuing in a south-easterly direction by the said boundary until it meets the boundary of the Drummond Knowe Plantation; then following the western boundary of the said Plantation in a south-westerly direction until it meets the boundary between the Parishes of Auchinleck and New Cumnock; then continuing in a westerly direction by the said boundary and the boundary between the Parishes of Auchinleck and Old Cumnock to the point national grid reference NS636195 and continuing in a northerly direction to the point national grid reference NS636198; then continuing in a westerly direction to the small plantation and then continuing by the eastern and northern boundaries of the small plantation to the point national grid reference NS634202; and then in a north-westerly direction to the point national grid reference NS629215; then in a south-westerly direction to the western boundary of the small plantation at the point national grid reference NS627215 and following the northern and western boundaries of said plantation in a south-westerly direction then in a westerly direction to the point national grid reference NS618214; then following the eastern and northern boundaries of the said plantation and continuing generally in northerly direction from the north-wetsern corner of the said plantation to the Road A76 at spot height 211; and then in a northerly direction to the point national grid reference NS625249. The area of land within Cumnock and Doon Valley District comprising that part of the Parish of Muirkirk bounded as follows:—

• On the north from the point national grid reference NS595310 and continuing generally in an easterly direction by the boundary between Cumnock and Doon Valley District and East Kilbride District until it meets the boundary between Cumnock and Doon Valley District and Clydesdale District and then continuing in a south-easterly direction by said lastmentioned boundary to the summit of Hare Craig; then in a southerly direction to the point national grid reference NS740304 and continuing generally in a westerly and southerly direction by the northern and western boundaries of the plantation until the western boundary meets the Ponesk Burn; then continuing in a south-westerly direction to the summit at spot height 368 and continuing in a north-westerly direction to Greenock Water at the point national grid reference NS701298; then in a south-westerly direction by Greenock Water to the point national grid reference NS670282 and continuing in a westerly and southerly direction by the northern and western boundaries of the Burnfoot Moor Plantation to the point national grid reference NS669274; then in a southerly direction to the point national grid reference NS668269 and continuing in a south-westerly direction by the south-eastern boundary of the Toll Plantation to the Road B743 at spot height 214; then continuing in a southerly direction to the River Ayr at the point national grid reference NS664262 and continuing generally in a north-easterly direction by said river to the point national grid reference NS720281; then in a south-easterly direction to the summit of Hawlk Hill and continuing in a south-easterly direction to the point national grid reference NS742262; then generally in a south-westerly direction by the boundary between Cumnock and Doon Valley District and Clydesdale District until it meets the boundary between the Parishes of Muirkirk and Auchinleck and continuing generally in a north-westerly direction by said boundary to the point national grid reference NS626270; then in a northerly direction to the point national grid reference NS629289 and continuing in a westerly direction to the point national grid reference NS611287; and then continuing generally in a north-westerly direction by the boundary between the Parishes of Muirkirk and Sorn to the point national grid reference NS595310. The area of land within Cumnock and Doon Valley District comprising that part of the Parish of Old Cumnock bounded as follows:—

• On the north from the point national grid reference NS628194 and continuing in a south-easterly direction by the boundary between the Parishes of Auchinleck and Old Cumnock until it meets the boundary between the Parishes of Old Cumnock and New Cumnock; then in a southerly then a north-westerly direction by said boundary to the point national grid reference NS628174 and continuing in a northerly direction to the point national grid reference NS629179; then generally in a northerly direction by the unnamed burn to the point national grid reference NS628194. The area of land within Kyle and Carrick District comprising that part of the Parish of Straiton bounded as follows:—

• On the north from the point national grid reference NS403059 continuing in an easterly direction along the southern boundary of the Lambdoughty Hill Plantation to the point national grid reference NS416062; then generally in a south-easterly direction by the Lambdoughty Burn and continuing in a south-easterly direction over the summit of Turgeny to the north-western corner of the Auldcraigoch Hill Plantation; then following the western boundary of said plantation to its western corner and continuing in a westerly direction to where the Chapel Burn runs into Baing Loch; then generally in a north-westerly direction to the point national grid reference NS410048 and continuing in a north-westerly direction by the watercourse to the point national grid reference NS403059. The area of land within Kyle and Carrick District and comprising that part of the Parish of Straiton bounded as follows:—