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Statutory Instruments made by the National Assembly for Wales


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STATUTORY INSTRUMENTS


2003 No. 483 (W.69)

ANIMALS, WALES

ANIMAL HEALTH

The Disease Control (Interim Measures) (Wales) Order 2003

  Made 3rd March 2003 
  Coming into force 4th March 2003 


ARRANGEMENT OF ARTICLES

1. Title, extent, commencement and cessation
2. Interpretation
3. Restrictions on the movement of animals
4. Restrictions on movements to slaughterhouses
5. Sole occupancy groups
6. Licences, permits and authorisations
7. Licences issued in Scotland or England
8. Notices prohibiting movement under a general licence
9. Specific licences
10. General licences
11. Copies of licences
12. Compliance with licences, etc.
13. Cleansing and disinfection
14. Change of occupation of premises
15. Enforcement
16. Revocations

  SCHEDULE 1 Movements off premises which are permitted during the standstill period

  SCHEDULE 2 Movements on to premises that do not trigger the standstill period

The National Assembly for Wales and the Secretary of State, acting jointly in exercise of the powers conferred on them by sections 1, 7, 8(1) and 83 of the Animal Health Act 1981[
1], make the following Order:

Title, application, commencement and cessation
     1. This Order may be cited as the Disease Control (Interim Measures) (Wales) Order 2003; it applies in relation to Wales, comes into force on 4th March and ceases to have effect on 1st August 2003.

Interpretation
    
2. In this Order  - 

Restrictions on the movement of animals
     3.  - (1) The movement of an animal from any premises is prohibited unless  - 

    (2) Notwithstanding paragraph (1), animals may be moved off premises during the standstill period if  - 

    (3) The standstill period is not triggered by a movement on to premises if it is a movement specified in Schedule 2.

    (4) The requirement for a licence in paragraph (1)(a) does not apply to any movement authorised by a licence under article 10 of the Pigs (Records, Identification and Movement) (Interim Measures) (Wales) (No. 2) Order 2002[
3] (licences relating to pet pigs).

    (5) The requirements of paragraph (1) do not apply to a movement  - 

Restrictions on movements to and from slaughterhouses
     4. It is prohibited for any person to  - 

Sole occupancy groups
    
5. The National Assembly for Wales and the Secretary of State may authorise sets of premises as sole occupancy groups if either of them is satisfied that the premises are linked in terms of their control.

Licences, permits and authorisations
    
6.  - (1) Any licence, permit or authorisation under this Order must be in writing, may be general or specific, may be subject to conditions and may be varied, suspended or revoked at any time by notice in writing issued  - 

    (2) In deciding whether to issue a licence under article 3(1)(a) or a permit under article 3(2) an inspector or a veterinary inspector shall comply with any instructions issued by the National Assembly for Wales or the Secretary of State.

Licences issued in Scotland or England
    
7. A licence issued by the competent authority in Scotland or England for the purpose of the movement of animals operates in Wales as if it had been granted under this Order.

Notices prohibiting movement under a general licence
    
8.  - (1) Where a general licence has been issued under article 3(1)(a), the National Assembly for Wales or the Secretary of State may issue a notice prohibiting  - 

    (2) A notice may only be issued under paragraph (1) on the advice of an inspector, who must be of the opinion that  - 

    (3) A notice issued under paragraph (1)(a) must be served on the occupiers of each of the premises specified in the notice and in any other way that the National Assembly for Wales or the Secretary of State think fit to draw the notice to the attention of persons affected by it.

    (4) A notice issued under paragraph (1)(b) must be served on the person prohibited from moving animals by the notice and on the occupiers of any premises individually named in the notice.

    (5) A notice must be in writing, may be subject to conditions and may be amended, suspended or revoked at any time by further notice by the National Assembly for Wales or the Secretary of State.

Specific licences
    
9.  - (1) An animal moved under a specific licence must  - 

    (2) The person in charge of any animal moved under a specific licence must, on demand made by a constable or by an inspector or other officer of the National Assembly for Wales, the Secretary of State or of a local authority  - 

    (3) Every animal which is moved under the authority of a licence under this Order must be kept separate throughout such movement from any animal which is not being moved under the authority of that licence.

    (4) Where animals are moved under a specific licence, then, unless the licence provides otherwise, the occupier of premises which they are moved on to must  - 

General licences
    
10. Where animals are moved under a general licence, and that licence requires the person moving the animals to have a movement document, the occupier of premises which they are moved on to must  - 

Copies of licences
    
11. Where an inspector of a local authority issues a licence under article 3(1)(a), he or she must retain a copy of the licence for six months.

Compliance with licences, etc.
    
12. If any person fails to comply with a licence, permit, authorisation or notice issued under this Order an officer of National Assembly for Wales or the Secretary of State or an inspector may arrange for it to be complied with at the expense of the person in default.

Cleansing and disinfection
    
13.  - (1) A licence issued under article 3(1)(a), a permit issued under article 3(2) or an authorisation under article 5 may specify requirements for the cleansing and disinfection of any vehicle used for moving animals additional to the requirements of the Transport of Animals (Cleansing and Disinfection) (Wales) Order 2003[6].

    (2) The person responsible for moving animals must ensure, except where the licence, authorisation or permit provides otherwise, that all the requirements relating to cleansing and disinfection are met as soon as possible after the animals have been unloaded and, in any case, before the vehicle is moved from the premises to which the animals have been moved.

    (3) Where animals are moved under a licence, the occupier of the premises which they are moved on to must provide adequate facilities, equipment and materials for any cleansing and disinfection required by the licence.

Change of occupation of premises
     14.  - (1) Where, on the termination of his or her right of occupation of any premises, the owner of any animal on those premises is unable to remove it from those premises by reason of any restriction imposed by or under this Order, the person entitled to the occupation of those premises must  - 

    (2) The provisions of paragraph (1) continue to apply until the expiration of a period of 7 days from the date on which any restriction on the movement of the animal off the premises ceases to apply and the owner of the animal is liable to pay to the person who affords any facilities or feeds, tends or otherwise keeps that animal, in accordance with those provisions, such sums by way of remuneration and reimbursement of expenses as may be just and reasonable in all the circumstances.

Enforcement
    
15. This Order is to be enforced by the local authority or the Secretary of State.

Revocations
    
16. The following are revoked  - 



Signed on behalf of the National Assembly for Wales


D.Elis-Thomas
The Presiding Officer of the National Assembly

3rd March 2003


Whitty
Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs

3rd March 2003



SCHEDULE 1
Article 3(2)(a)


Movements off premises which are permitted during the standstill period


Movement for veterinary treatment, etc.
     1.  - (1) The movement of an animal to a place for veterinary treatment.

    (2) The movement of an animal from a place for veterinary treatment provided the animal has not come into contact with other animals while at the place of treatment.

    (3) The movement of an animal to a laboratory for diagnostic tests to be carried out to ascertain whether the animal is affected by or has been exposed to a disease.

Movement for slaughter
     2. The movement of an animal direct to a slaughterhouse.

     3. The movement of a pig to a market for pigs intended for immediate slaughter.

     4. The movement of an animal to a collecting centre for animals intended for immediate slaughter, provided that  - 

Movement for artificial insemination
     5. The movement of cattle or pigs to an artificial insemination centre.

     6. The movement of sheep or goats to an artificial insemination centre provided they have been isolated from all other animals for 6 days before departure.

Animals for export
     7. The movement of an animal for direct export or to a collecting centre or assembly centre approved under regulation 12(2) of the Animal and Animal Products (Import and Export) (England and Wales) Regulations 2000 prior to such export.

Movement within a sole occupancy group
     8. The movement of animals between premises in a sole occupancy group.

Common land
     9.  - (1) The movement of an animal between land over which the owner or keeper of the animal has a registered right of common and  - 

    (2) The movement of an animal between premises occupied by the owner or keeper of the animal and in relation to which a registered right of common over land is customarily exercised and premises occupied by any other person who has a registered right of common over that land and in relation to which the registered right of common of that other person is customarily exercised.

    (3) In this paragraph "registered right of common" means a right of common registered under the Commons Registration Act 1965[
10].

Movement of pigs for breeding, etc.
     10.  - (1) The movement of a pig intended for breeding or growing in accordance with article 8(3)(b) of the Pigs (Records, Identification and Movement) (Interim Measures) (Wales) Order 2002.

    (2) The movement of a pig intended for breeding other than in accordance with paragraph (1) if that pig has been placed in an isolation facility approved for this purpose by a veterinary inspector for 20 days prior to the movement.

Movement of pigs to shows or exhibitions
     11. The movement of a pig being moved to a show or exhibition if it is isolated for 20 days prior to the movement taking place in premises approved for this purpose by a veterinary inspector.

Vehicles dropping off other animals
     12. Movement of an animal which is on a vehicle which enters premises to drop off other animals, provided it has not left the means of transport while on the premises.

Deer
     13. The movement of deer off any premises.



SCHEDULE 2
Article 3(3)


Movements on to premises that do not trigger the standstill period


Arrival at a market, etc.
     1. The movement of an animal on to a market, collecting centre, artificial insemination centre, show or exhibition.

Movement of a pig under the Pigs (Records, Identification and Movement) (Interim Measures) (Wales) (No.2) Order 2002
     2. Movement of a pig where that movement is as referred to in article 8(3)(b) of the Pigs (Records, Identification and Movement) (Interim Measures) (Wales) (No. 2) Order 2002.

Movement of a pig for breeding purposes
     3.  - (1) Arrival of a pig for breeding (other than one being moved under article 8(3)(b) of Pigs (Records, Identification and Movement) (Interim Measures) (Wales) Order 2002) on the breeding premises provided  - 

    (2) Movement of a pig (other than one being moved under article 8(3)(b) of Pigs (Records, Identification and Movement) (Interim Measures) (Wales) (No.2) Order 2002) which is being returned to those premises from a place to which it had been moved for breeding, provided that  - 

Return of a pig from a show or exhibition
     4. The return of a pig from a show or exhibition to the premises from which it was consigned to that show or exhibition provided that it is isolated for 20 days after its return in premises approved for this purpose by a veterinary inspector.

Artificial insemination centres
     5. Arrival of cattle which are being returned to those premises from an artificial insemination centre.

     6. Arrival of pigs which are being returned to those premises from an artificial insemination centre provided they are isolated from all other animals for 20 days after their return.

     7. Arrival of sheep or goats which are returning from an artificial insemination centre provided  - 

Imported animals
     8.  - (1) The arrival of an imported animal at its point of entry into Wales.

    (2) Movement of an animal from its point of entry into the United Kingdom following its import from another member State.

Movement within a sole occupancy group
     9. The movement of animals between premises in a sole occupancy group.

Vehicles collecting other animals
     10. Movement of an animal brought on to premises in a vehicle to collect other animals provided that the animal is not unloaded at those premises.

Arrival from veterinary treatment, etc.
     11. The arrival of sheep, goats, cattle or pigs being returned to those premises from a place for veterinary treatment or of any offspring to which they have given birth while there provided that, in the case of pigs, they are isolated from other animals for 20 days following their return.



EXPLANATORY NOTE

(This note is not part of the Order)


This Order revokes and replaces the Disease Control (Interim Measures) (Wales) (No. 2) Order 2002.

It provides that cattle, deer, goats, pigs and sheep may not be moved without a licence, and provides that these animals (with the exception of deer) may not be moved from premises if cattle, goats or sheep have been moved on to those premises in the previous 6 days, or if pigs have been moved on in the previous 20 days. It also provides for exceptions from these requirements (article 3 and Schedules 1 and 2).

It controls movement of animals to slaughterhouses (article 4) and provides for sets of premises to be linked together as sole occupancy groups (article 5).

It makes provisions for licences, permits and authorisations, and empowers the National Assembly for Wales and the Secretary of State to serve notices removing individual premises or people from operating under a general licence (articles 6 to 12).

It provides for disinfection of vehicles (article 13).

It provides for change of occupation of premises affected by the Order (article 14).

It is to be enforced by the local authority (article 15).

Breach of the Order is an offence under section 73 of the Animal Health Act 1981, punishable in accordance with section 75 of that Act.

This Order will cease to have effect on 1st August 2003.

A regulatory appraisal has not been prepared for this Order.


Notes:

[1] 1981 c.22. Functions conferred under the 1981 Act on "the Ministers" (as defined in section 86 of that Act) were transferred so far as exercisable by the Secretary of State for Wales in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672). The joint functions of "the Ministers" exercisable by the Secretary of State for Scotland in relation to Wales were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141). All functions of the Minister of Agriculture, Fisheries and Food were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back

[2] S. I. 1995/539 as last amended by S. I. 2002/129 (W.17).back

[3] S. I. 2002/2303 (W.228) as amended by S. I. 2003/170 (W.30).back

[4] S. I. 1983/1950 as last amended by S. I. 2001/4029.back

[5] 1981 c.37.back

[6] S. I. 2003/482 (W.68).back

[7] S. I. 2002/2304 (W.229).back

[8] S. I. 2002/2480 (W.243).back

[9] S. I. 2003/168 (W.28).back

[10] 1965 c. 64.back



Cymraeg (Welsh)



ISBN 0 11090682 9


 
© Crown copyright 2003
Prepared 24 March 2003


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