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Statutory Instruments made by the National Assembly for Wales


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URL: http://www.bailii.org/wales/legis/num_reg/2006/20061511e.html

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STATUTORY INSTRUMENTS


2006 No. 1511 (W.147)

ANIMALS, WALES

ANIMAL HEALTH

The Salmonella in Broiler Flocks (Survey Powers) (Wales) Regulations 2006

  Made 13 June 2006 
  Coming into force 14 June 2006 


ARRANGEMENT OF REGULATIONS

1. Title, commencement and application
2. Interpretation
3. Responsibility for selection
4. Selection of holdings
5. Powers of inspectors
6. Offences
7. Penalty
8. Offences by bodies corporate
9. Enforcement

The National Assembly for Wales, being designated [
1]for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by that section, makes the following Regulations:

Title, commencement and application
     1. The title of these Regulations is The Salmonella in Broiler Flocks (Survey Powers) (Wales) Regulations 2006; they apply in relation to Wales and come into force on 14 June 2006.

Interpretation
    
2. —(1) In these Regulations–

    (2) Expressions defined in the Commission Decision have the same meaning in these Regulations.

Responsibility for selection
     3. The National Assembly is responsible for selection of holdings for sampling for the purposes of the Commission Decision.

Selection of holdings
    
4. —(1) The occupier or person in charge of a holding (or any employee or agent of the occupier or person in charge of a holding) must, within 7 days of receiving a request from the National Assembly, send the National Assembly such information as it requires to assist it with the selection of holdings to be included in the survey for the purposes of the Commission Decision, including–

    (2) Any person who fails to comply with this regulation is guilty of an offence.

Powers of inspectors
    
5. —(1) An inspector, on producing some duly authenticated document showing his or her authority, has the right at all reasonable hours to enter any holding selected in accordance with the Commission Decision, for the purposes of ascertaining in accordance with that Decision–

    (2) In addition to his or her right under paragraph (1), an inspector may also enter any holding for the purposes of the enforcement of these Regulations.

    (3) When he or she has entered a holding an inspector may–

    (4) For the purpose of this regulation, "inspector" means any person appointed to be an inspector for the purposes of these Regulations by the National Assembly or a local authority.

Offences
    
6. Any person who–

Penalty
    
7. A person guilty of an offence under these Regulations will be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Offences by bodies corporate
    
8. —(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of–

he or she, as well as the body corporate, will be guilty of the offence and will be liable to be proceeded against and punished accordingly.

    (2) For the purposes of paragraph (1), "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Enforcement
    
9. —(1) These Regulations are to be enforced by the local authority.

    (2) The National Assembly may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) is to be discharged by the National Assembly and not by the local authority.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
4]


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

13 June 2006



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations provide a power of entry to inspectors to undertake the sampling required by Commission Decision 2005/636/EC (concerning a financial contribution by the Community towards a baseline survey on the prevalence of Salmonella spp. in broiler flocks of Gallus gallus to be carried out in the Member States) to detect the prevalence of Salmonella spp. in broiler chickens. Regulation 3 provides that the National Assembly is responsible for selection of holdings for sampling for the purposes of the Commission Decision. Regulation 4 provides that the occupier or person in charge of a holding must provide information to the National Assembly, upon request, to assist it with the selection of holdings to be included in the survey. Regulation 5 provides inspectors with various powers including a power of entry and power to take samples of faecal material, to examine records and to make inquiries of any person. Regulation 6 creates offences for obstructing an inspector exercising his or her powers under these Regulations and regulation 7 sets out the applicable penalty. Regulation 8 makes provisions in relation to offences by bodies corporate. Regulation 9 provides that these Regulations are enforceable by the local authority.

A regulatory appraisal of the effect which this instrument will have on the costs of business has been prepared and copies can be obtained from the National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ.


Notes:

[1] S.I. 2005/2766.back

[2] 1972, c.68.back

[3] OJ No L 228, 3.9.2005, p.14.back

[4] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11 091355 8


 © Crown copyright 2006

Prepared 21 June 2006


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