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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/2007/20073002e.html

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WELSH STATUTORY INSTRUMENTS


2007 No. 3002 (W. 259)

ANIMALS, WALES

ANIMAL HEALTH

The Bluetongue (Wales) (Amendment) Order 2007

  Made 18 October 2007 
  Coming into force 4:45p.m. on 18 October 2007 

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972[1] and it appears to the Welsh Ministers that it is expedient for the reference to Commission Decision 2005/393/EC on protection and surveillance zones in relation to bluetongue and conditions applying to movements from or through these zones[2] to be construed as a reference to that instrument as amended from time to time.

     The Welsh Ministers make the following Order in exercise of the powers conferred by paragraph 1A of Schedule 2 to the European Communities Act 1972[3] and sections 1, 8(1), 17(1) and 35 of the Animal Health Act 1981[4] and now vested in them[5].

Citation and commencement
     1. This Order—

Amendment
    
2. The Bluetongue (Wales) Order 2003 is amended in accordance with the Schedule.


Rhodri Morgan AC/AM
First Minister for Wales, one of the Welsh Ministers

18 October 2007



SCHEDULE
Article 2


AMENDMENTS TO THE BLUETONGUE (WALES) ORDER 2003


     1. In article 2 in the definition of "Chief Veterinary Officer" ("Prif Swyddog Milfeddygol") substitute for the words "of the Department for Environment, Food and Rural Affairs" the words "appointed by the Welsh Ministers".

     2. Omit article 8(2)(c).

     3. In paragraph 9(1)(d) replace "." at the end of the subparagraph with ";" and insert new subparagraph (e) as follows—

     4. For articles 10, 11 and 12 substitute—

     5. For article 14 substitute——



EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Bluetongue (Wales) Order 2003, S.I 2003/326 (W.47) ("the 2003 Order"), which implements Council Directive 2000/75 laying down specific provisions for the control and eradication of bluetongue (OJ No L327, 22.12.2000, p 74).

Paragraph 1 of the Schedule amends the definition of "Chief Veterinary Officer".

Paragraph 2 of the Schedule amends article 8 of the 2003 Order by omitting the provisions relating to destruction, burial or disposal of carcases.

Paragraph 3 of the Schedule inserts a new article 9(1)(e) containing slaughter powers.

Paragraph 4 of the Schedule replaces articles 10 to 12 of the 2003 Order with new provisions, articles 10 to 12B, concerning zones to be declared by the Welsh Ministers in the event of the confirmation of bluetongue.

New article 10 contains provisions relating to control zones with a radius of 20 kilometres centred on the outbreak point. (The term "the outbreak point" is defined in new article 10(8)). The Welsh Ministers may extend or reduce the size of a control zone. The movement of animals to or from premises in a control zone is prohibited except in accordance with a licence granted by an inspector.

New article 11 contains provisions relating to protection zones and surveillance zones declared by the Welsh Ministers. The movement of animals out of a protection zone or surveillance zone is prohibited except in accordance with a licence granted by an inspector.

New article 12 contains provisions relating to the powers of inspectors in protection and surveillance zones.

New article 12A enables the Welsh Ministers to declare control, protection or surveillance zones in the event of an outbreak of bluetongue in Scotland, England or Northern Ireland. New article 12B contains provisions about declarations of zones.

No regulatory impact assessment has been prepared for this Order as no impact on the private or voluntary sectors is foreseen.


Notes:

[1] 1972, c.68.back

[2] OJ L 130, 24.5.2005, p.22, as last amended by Commission Decision 2007/28/EC, OJ L8 , 13.1.2007, p.51.back

[3] Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).back

[4] 1981 c.22.back

[5] Functions transferred to the National Assembly for Wales by SI 1999/672 and SI 2004/3044. By virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006, these functions are now exercisable by the Welsh Ministers.back



Cymraeg (Welsh)



ISBN 978 0 11 091652 1


 © Crown copyright 2007

Prepared 29 October 2007


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URL: http://www.bailii.org/wales/legis/num_reg/2007/20073002e.html