Legislation

 

  

There are certain laws set in place to protect our environment, animals within that environment and us as well as the pest we are trying to control. We have outlined them below 

 

The Protection of Animals Act 1911 

 This Act provides general protection for all domestic and captive animals and makes it an offence to do or omit to do anything likely to cause suffering to the animal.

 Inspection of spring Traps

 Spring traps set for Rabbits and Hares must be inspected at least once a day between sunrise and sunset. 

Animals in Cages or Traps 

Animals including birds confined to a cage or trap must be providing with food and water.

 

The Destructive Imported Animals Act 1932

Under this Act the importation or keeping of non-indigenous animals can be prohibited, except under licence granted by DEFRA the animals currently listed in Orders made under the Act are the Musk rat, Grey Squirrel, non European rabbits i.e. those other than Oryctalagus cuniculas, Mink and Coypu. Releasing or allowing any of these species to escape into the wild is prohibited.

 

Public Health Act 1936 – 1961

Local authorities are given powers and responsibilities with regard to verminous premises. Among other provisions a local authority may serve a notice requiring the removal of wall paper or other covering to walls and taking necessary action for destroying or remove vermin. Provision is also made for the use of fumigation for destroying vermin.

Local authorities have the power to serve notices to remove material or rubbish.

 

 The Prevention of Damage by Rabbits Act 1939  

The use of Poisons to control rabbits.

 

Prevention of Damage by Pests Act 1949  

Duties of Local Authorities (Under Section 2)
Every local authority is responsible for securing, as far as practicable, that its district is kept free from rats and mice and in particular:

        i.      to carry out periodical inspections of their areas, including agricultural land;

      ii.      to destroy rats and mice on land occupied by the authority;

    iii.      To enforce the duties under the Act of owners and occupiers of land.

Obligations of Occupiers (Under Section 3)
Occupier of non agricultural land must notify the local authority if 'rats or mice are living on or resorting to the land is substantial number.' There is no definition, however, of the term 'substantial numbers'.

Power of Local Authorities to Require Action (Under Section 4)
If it appears to a local authority that steps should be taken to get rid of rats and mice on any land (agricultural or non-agricultural), the authority may serve a notice on the owner and/or occupier requiring such action to be taken within a specified reasonable period. The notice may lay down the method of treatment, when it is to be carried out, and (subject to the right of appeal) may require structural repairs or other works to be carried out.

Failure of Owner or Occupier to Take Action (under Section 5)
If an owner and/or occupier fail(s) to take steps to get rid of an infestation within time specified in a local authority's notice, the authority may itself undertake the work and recover the expense incurred.

Powers of Local Authorities in Relation to Groups of Premises (Under Section 6)
If the local authority considers that rats and mice are present in substantial numbers on any land comprising premises occupied by different persons and that the land should be dealt with as one unit, the authority may itself take the necessary action (but not undertake any structural work) instead of serving notices on the individual owners or occupiers. The authority must, however, give the respective occupiers seven days notice of its intention and specify the steps it proposes to take. The cost of this work is recoverable from the occupiers, in fair proportions; for this purpose any unoccupied premises and deemed to be in the occupation of the owner.

 

 Health Service and Public Health At 1968

Measure against infected rats

 

Where local authority or port health authority has reason to believe that rats are threatened by or infected with plague or are dying in unusual numbers they must take measures for destroying all rats in their district and for preventing rats from gaining entry to buildings.

 

Food and Environment Protection Act 1985

 

It provides for the making and control of pesticides with a view to:

 

Protecting the health of humans being from creatures and plants

Safeguarding the environment

Secure safe efficient and humans methods of controlling pests

 

Control of Pesticides Regulations 1986

 

Under this regulation only approved pesticides may be advertised, supplied, stored or used.

 

The Environmental Protection Act 1990

 

The Environmental Protection Act 1990 (EPA) is an Act of the Parliament of the United Kingdom that defines, within England, Wales and Scotland, the fundamental structure and authority for waste management and control of emissions into the environment.

This Act encompasses a great deal of previous legislation on matters concerning the protection of the environment... The protection is widespread and varied from the use of audible devices near residential areas to the disposal of pesticides near water.

 

 Food Safety Act 1995

This Act requires Food premises or business to practice high standard of food safety in many different areas.

In general, food premises must be constructed so that there is no cross contamination by pests.

In rooms where food is prepared, treated or processed, windows which can be opened to the outside environment must where necessary be fitted with insect proof screens, which can be removed for cleaning.

Refuse stores must be designed and managed is such a way to enable them to be protected against pests.

In all food preemies adequate procedures must be in place to ensure pests are controlled.

 

As with any Health and Safety issue, DUE DILIGENCE IS PARAMOUNT

 

 Additional acts, as follows, are also maintained by Ultimate Pest Control to fully comply with the Health and Safety regulations

 

Health and Safety at Work Act 1974

 

This Act places responsibility and duties on employers, manufacturers, employees and others with the regard to the health, safety and welfare of people at work, protecting other people against risks to health and safety arising from activities of people at work, controlling and keeping and use of dangerous substances and preventing their unlawful acquisition, possession and use.

 

Where reasonably practicable, it will pay particular attention to the provision and

Maintenance of: -

 

(i)                 A safe place of work, safe access to it and safe egress from it;

(ii)               Plant, equipment and systems of work that is safe;

(iii)             Safe arrangements for the use, handling, storage and transport of articles and

(iv)             Substances;

(v)               Sufficient information, instruction, training and supervision to enable all

(vi)             Employees to avoid risk and contribute positively to safety and health at work;

(vii)           A healthy working environment;

 (viii)         All employees have a responsibility to exercise personal care and attention for the safety of themselves and others and to co-operate with their employer in the execution of this policy.

(ix)             In the discharge of this responsibility employees shall: -perform their duties in a safe manner and pay particular attention to the Sectional safety Procedures;

(x)               Report all accidents and injuries to their supervisor as soon as possible;

(xi)              obtain adequate treatment as soon as practicable if injured;

(xii)           Report all defects in equipment and protective clothing and potential hazards to their Supervisor;

(xiii)         Assist in the investigation of injuries and accidents;

(xiv)         Observe all the safety rules of the Board.

  

The Control of Substances Hazardous to Health Regulations 1999

  

The approved Codes of Practice on the Safe use of pesticides for non-agricultural purposes, published by the Health and Safety Commission.

 

(i)                 Assessments of Health Risks

(ii)               Prevention of Control of Exposure

(iii)             Use of control measures

(iv)             Maintenance, Examination and Test of Control Measures

(v)               Monitoring Exposure at the workplace

(vi)             Health Surveillance

(vii)           Information, Instruction and Training