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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Animal Gatherings (Wales) Order 2004 No. 1803 URL: http://www.bailii.org/wales/legis/num_reg/2004/20041803e.html |
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Made | 8 July 2004 | ||
Coming into force | 1 November 2004 |
1. | Title, application and commencement |
2. | Interpretation |
3. | Notices |
4. | Exceptions |
5. | The use of premises for animal gatherings |
6. | 27 day restriction on when an animal gathering can take place |
7. | Exemption from the 27 day restricted period for premises with a paved animal area |
8. | Time limits |
9. | Change to the starting time of animal gatherings for the purpose of sale |
10. | Dedicated slaughter sales and dedicated slaughter collections |
11. | Duties on persons at an animal gathering |
12. | Restrictions following an animal gathering |
13. | Enforcement |
14. | Revocations |
SCHEDULE | Requirements at an animal gathering |
Notices
3.
A notice or licence under this Order -
Exceptions
4.
This Order shall not apply if -
The use of premises for animal gatherings
5.
- (1) No person shall use premises for an animal gathering unless those premises are licensed for that purpose by a veterinary inspector.
(2) A licence shall specify -
27 day restriction on when an animal gathering can take place
6.
No person shall allow an animal gathering to take place on premises on which animals have been kept until 27 days have passed from the day on which -
Exemption from the 27 day restricted period for premises with a paved animal area
7.
- (1) The restriction in article 6 does not apply if the animal area in the licensed premises is paved and is cleansed and disinfected and waste is disposed of in accordance with this article before a further animal gathering is held.
(2) The cleansing and disinfection -
(3) All parts of the animal area (including any equipment) must be swept or scraped clean, cleansed by washing and disinfected with an approved disinfectant.
(4) The licensee shall ensure that all feedingstuffs to which animals have had access, and all bedding, excreta, other material of animal origin and other contaminants derived from animals in the animal area are, as soon as possible and before animals are allowed to enter the licensed premises again -
(5) If, following the last occasion on which the animal area was cleansed and disinfected in accordance with this article, it becomes contaminated with animal excreta or other material of animal origin or any contaminant derived from animals, then the animal area or those parts of it that have become so contaminated must be swept or scraped clean and then cleansed by washing and an approved disinfectant applied before any animals are allowed on to the licensed premises again.
Time limits
8.
- (1) An animal gathering for the purpose of a sale (whether or not sale is the sole purpose) held on premises with a paved animal area shall not last for more than 48 hours, starting at midday.
(2) A veterinary inspector may extend the period of the animal gathering under paragraph (1) if the veterinary inspector is satisfied that -
(3) In the case of an animal gathering to which paragraph (1) does not apply, if one of the purposes of the gathering is the bringing together of animals for onward consignment within Great Britain, the gathering shall not last for more than 48 hours, starting at midday.
Change to the starting time of animal gatherings for the purpose of sale
9.
- (1) In the case of an animal gathering for the purpose of a sale (whether or not sale is the sole purpose) held on premises with a paved animal area the licensee may change the midday starting time by, at least two weeks in advance -
(2) If the animal gathering is one that is held on a recurring basis, the notification and publication may be for the series of animal gatherings.
Dedicated slaughter sales and dedicated slaughter collections
10.
- (1) No person shall hold a dedicated slaughter sale or a dedicated slaughter collection other than on premises with a paved animal area.
(2) No person shall hold a dedicated slaughter sale or a dedicated slaughter collection as part of an animal gathering held for any other purpose.
(3) The licensee shall notify the National Assembly for Wales and the local authority that the licensee intends to hold a dedicated slaughter sale or dedicated slaughter collection at least 3 days before the sale or collection
(4) The licensee shall publicise the animal gathering so that those bringing animals to it are made aware that it is a dedicated slaughter sale or dedicated slaughter collection.
(5) For the purpose of this article -
Duties on persons at an animal gathering
11.
When an animal gathering (other than for a show or exhibition) is taking place the provisions of the Schedule (requirements at an animal gathering) shall have effect.
Restrictions following an animal gathering
12.
- (1) The provisions of this article apply once the last animal at an animal gathering has left the licensed premises.
(2) No person shall allow animals on to the licensed premises until all equipment to which animals at the gathering had access has been cleansed of visible contamination.
(3) No person shall remove from the licensed premises any equipment to which animals at the gathering had access unless -
Enforcement
13.
- (1) This Order shall be enforced by the local authority.
(2) The National Assembly for Wales may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this article shall be discharged by the National Assembly for Wales and not by the local authority.
Revocations
14.
The Animal Gatherings (Wales) Order 2003[4] is revoked.
Signed on behalf of the National Assembly for Wales
D. Elis-Thomas
Presiding Officer of the National Assembly
6 July 2004
Ben Bradshaw
Parliamentary Under Secretary
Department for Environment, Food and Rural Affairs
8 July 2004
(4) In the case of an animal gathering to which articles 8 to 9 apply, the licensee shall ensure that -
Duties on persons attending the animal gathering
2.
- (1) No person shall enter licensed premises wearing outer clothing visibly contaminated with animal excreta or other animal contamination.
(2) If a person in the animal area is wearing outer clothing visibly contaminated with animal excreta or other animal contamination, on leaving the animal area that person shall immediately clean his or her clothing of gross contamination (unless the clothing is to be disposed of) and either -
(3) If a person outside the animal area is wearing outer clothing visibly contaminated with animal excreta or other animal contamination, an inspector may serve on that person a notice giving that person the option of immediately -
Footwear in the animal area
3.
Any person leaving the animal area must cleanse and disinfect his or her footwear in the footbath provided.
Vehicles
4.
- (1) No person shall bring on to or take from the licensed premises any vehicle or equipment carried with that vehicle that is visibly contaminated with animal excreta or other animal contamination.
(2) This paragraph shall not apply to any vehicle or equipment coming on to the licensed premises -
(3) This paragraph shall not apply to any vehicle leaving the licensed premises -
As before, it requires a licence for animal gatherings (article 5). It specifies that an animal gathering can only take place 27 days after the last animal left those premises and equipment on the premises has been cleaned of visible contamination (article 6). If the gathering takes place in paved premises article 11 makes provision for the cleansing and disinfection of those premises and enables a gathering to take place inside the normal time limits. It imposes a 48 hour time limit on gatherings for the purpose of sales held on paved premises (article 8) and onward consignments held on any premises. It imposes duties on persons attending an animal gathering (article 11 and the Schedule). It imposes restrictions following an animal gathering (article 12).
It is enforced by the local authority (article 13).
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.
A regulatory appraisal has been prepared in respect of this Order and is available for inspection at the offices of the Department of Environment, Planning and Countryside, Crown Buildings, Cathays Park, Cardiff, CF10 3NQ.
[2] S.I. 1978/32, S.I. 1999/919, S.I. 2002/3195, S.I. 2001/641.back
[3] S.I. 2003/1966 (W.211).back
[4] S.I. 2003/1967 (W.212).back