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Statutory Rules of Northern Ireland


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2003 No. 55

ANIMALS

Blue Tongue Order (Northern Ireland) 2003

  Made 6th February 2003 
  Coming into operation 19th February 2003 

The Department of Agriculture and Rural Development[1], in exercise of the powers conferred on it by Articles 5(1), 10(6), 12(1), 14, 19, 20, 44, 46(7A) and 60(1) of the Diseases of Animals (Northern Ireland) Order 1981[2] and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and commencement
     1. This Order may be cited as the Blue Tongue Order (Northern Ireland) 2003 and shall come into operation on 19th February 2003.

Interpretation
    
2.  - (1) In this Order -

    (2) Any approval, licence, notice or direction under this Order shall be in writing, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time.

Exemption for activities authorised under the Specified Animal Pathogens Order (Northern Ireland) 1999
     3. This Order shall not apply to anything authorised by a licence granted under Article 4 of the Specified Animal Pathogens Order (Northern Ireland) 1999[4] in respect of the disease.

Vaccination against the disease
     4. A person shall not vaccinate an animal against the disease unless authorised by the Department.

Initial requirements where disease is known or suspected to exist
    
5.  - (1) Any person who knows or suspects that any animal or carcase in his possession, under his charge or being examined or inspected by him is diseased, shall -

    (2) Any person who analyses samples taken from any animal or carcase and who finds evidence of antibodies or antigens to the disease or to any vaccine for the disease shall immediately notify the Divisional Veterinary Officer.

Isolation of animals
    
6. The occupier of any premises or any keeper who knows or suspects that any animal or carcase in his possession or under his charge is diseased shall, where this is practicable, ensure that all animals on the premises are kept indoors.

Notification by inspectors
    
7.  - (1) If an inspector knows or suspects that the disease exists on any premises, he shall immediately serve a notice on the occupier of those premises or on the keeper of any animals on those premises requiring that -

    (2) A veterinary inspector or an inspector acting under the direction of a veterinary inspector may also serve such a notice on the occupier of premises whose location, geographical situation or contacts with premises where the disease is known or suspected to exist provide grounds for suspecting the existence of the disease, exposure to it or the presence of vectors there.

    (3) Notices may be served under paragraphs (1) and (2) whether or not notification has been given under Article 5.

Powers of inspectors
    
8.  - (1) Where a notice has been served under Article 7 in respect of any premises a veterinary inspector may -

    (2) Where a notice has been served under Article 7 in respect of any premises, an inspector acting under the direction of a veterinary inspector may -

Measures when the disease is confirmed
    
9.  - (1) On confirmation of disease, a veterinary inspector or an inspector acting under the direction of a veterinary inspector shall serve notices on the occupiers of all premises or on the keepers of animals on those premises within -

    (2) Such notice shall require the occupier to comply with some or all of the requirements set out in Articles 7 and 8 and with any other requirements which the veterinary inspector considers necessary.

    (3) Such notice need not be served on those already notified under Article 7.

Declaration of infected area
    
10.  - (1) If the Department has reasonable grounds for suspecting that the disease exists in animals within Northern Ireland or within such part of Great Britain or the Republic of Ireland as may entail the risk of the introduction or spread of that disease into Northern Ireland, it may declare Northern Ireland or such area therein as may be specified in the declaration to be an area infected with the disease.

    (2) A declaration under paragraph (1) -

    (3) Any premises which are partly within an infected area shall be deemed to be wholly within that area.

    (4) Nothing in paragraph (3) shall deem any area outside Northern Ireland to be part of an infected area.

    (5) The Department may exhibit placards, handbills or warning notices in, or in the immediate neighbourhood of, an area declared to be infected under paragraph (1) advising of the fact of such declaration.

    (6) A person shall not alter, remove, obliterate or deface any placard, handbill or warning notice referred to in paragraph (5).

    (7) In an infected area a person shall not -

except under and in accordance with the conditions of a licence granted by an inspector in accordance with the advice of the Chief Veterinary Officer.

Powers of inspectors in an infected area
    
11.  - (1) When an infected area has been declared, veterinary inspectors and inspectors shall, in respect of premises within the infected area, have the powers they have under Article 8.

    (2) A veterinary inspector may also -

General duties of occupiers, keepers etc.
    
12.  - (1) Unless otherwise authorised by a licence granted by the Department, an occupier of premises to which this Order applies and a keeper of any animal on such premises shall -

    (2) A person shall comply with any requirement imposed on him under Article 8(1)(h) to (j) or 11.

Powers of inspectors in case of default
    
13. If a person served with a notice under this Order fails to comply with any requirement of such a notice, an inspector may, without prejudice to any proceedings for an offence arising out of such default, take all such steps as may be necessary to ensure that such requirement is met.

Revocation
    
14. The Specified Diseases (Notification and Movement Restrictions) Order (Northern Ireland) 1997[5] is revoked insofar as it applies to blue tongue.



Sealed with the Official Seal of the Department of Agriculture and Rural Development on


6th February 2003.

L.S.


L. G. McKibben
A senior officer of the Department of Agriculture and Rural Development


EXPLANATORY NOTE

(This note is not part of the Order.)


    
1. This Order implements Council Directive 2000/75/EC laying down specific provisions for the control and eradication of blue tongue (O.J. No. L327, 22.12.2000, p. 74).

    
2. Articles 1 and 2 contain introductory provisions, including definitions of certain terms used in the Order. Article 3 provides that certain activities authorised under the Specified Animal Pathogens Order (Northern Ireland) 1999 are not covered by the Order. Article 4 prohibits unauthorised vaccination against the disease.

    
3. Articles 5 to 8 concern measures to be taken when blue tongue is known or suspected to exist on premises. Articles 5 and 6 provide for notification to be given to the Divisional Veterinary Officer and for the isolation of animals when disease is known to exist or is suspected. Article 7 provides for the service of notices by inspectors requiring compliance with certain restrictions. Article 8 sets out the powers of inspectors.

    
4. Articles 9 to 11 concern measures to be taken when an outbreak of blue tongue has been confirmed. Article 9 provides for the service of notices. Articles 10 and 11 provide for the declaration of infected areas and the provisions which are to apply in infected areas.

    
5. Article 12 sets out the general duties of occupiers, keepers and others under the Order. Article 13 sets out the powers of inspectors when the requirements in notices served by them are not complied with. Article 14 revokes the Specified Diseases (Notification and Movement Restrictions) Order (Northern Ireland) 1997 insofar as it applies to blue tongue.


Notes:

[1] Formerly the Department of Agriculture: see S.I. 1999/283 (N.I. 1), Art. 3(4)back

[2] S.I. 1981/1115 (N.I. 22) as amended by S.I. 1984/702 (N.I. 2) Art.17 and S.I. 1994/1891 (N.I. 6) Arts. 20, 22 and 23back

[3] 1995 c. 21 s. 170back

[4] S.R. 1999 No. 434back

[5] S.R. 1997 No. 352back



ISBN 0 33794846 1


  © Crown copyright 2003

Prepared 13 February 2003


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