The Bluetongue (Wales) Order 2007 No. 3150 (W.267)

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Statutory Instruments made by the National Assembly for Wales

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WELSH STATUTORY INSTRUMENTS

2007 No. 3150 (W.267)
ANIMALS, WALES
ANIMAL HEALTH
The Bluetongue (Wales) Order 2007

	Made	5.05 p.m on 2 November 2007
	Coming into force	6.00 p. m. on 2 November 2007

CONTENTS

PART 1
Introduction

1.	Title, application and commencement

2.	Interpretation

3.	Extension of the definition of "disease"

4.	Exemptions

PART 2
Suspected and confirmed bluetongue

5.	Initial requirements where bluetongue is known or suspected

6.	Suspected or infected premises

7.	Powers of veterinary inspectors and officers

8.	Temporary control zones

9.	Measures on confirmation of the bluetongue virus

10.	Restrictions in protection and surveillance zones

11.	Powers of inspectors and officers in control or restricted zones

12.	Slaughter of animals

13.	Subsequent movement of animals

14.	Bluetongue outside Wales

15.	Slaughter of animals

16.	Declarations of zones

PART 3
Miscellaneous

17.	Surveillance

18.	Vaccination against bluetongue

19.	Powers of inspectors in case of default

20.	General powers of inspectors

23.	Licences granted outside Wales

24.	Provision of assistance

25.	Offences by bodies corporate

26.	Enforcement

27.	Revocations

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 Regulation (EC) No. 1266/2007 (on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain species of susceptible animals in relation to bluetongue[2])to be construed as a reference to that Regulation 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, 7(1), 8(1), 15(4), 17(1), 23, 25, 28, 32(2), 34, 35, 36, 83(2) and 88(2) of the Animal Health Act 1981[4]:

PART 1
Introduction
Title, application and commencement
     1. The title of this Order is the Bluetongue (Wales) Order 2007; it applies in relation to Wales and comes into force at 6.00 pm on 2 November 2007.

Interpretation
     2. —(1) In this Order—

"animal" means a ruminating animal, and "carcase", "embryo", "ovum" and "semen" mean the carcase, embryo, ovum and semen of such an animal;

"premises" includes any place; and

"midge" means an insect of the genus Culicoides.

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

Extension of the definition of "disease"
     3. The definition of "disease" in section 88(1) of the Animal Health Act 1981 is extended to include bluetongue.

Exemptions
     4. —(1) This Order does not apply to bluetongue virus possessed under a licence issued under the Specified Animal Pathogens Order 1998[5].

    (2) It does not apply to quarantine centres or quarantine facilities approved under the Animals and Animal Products (Import and Export) (Wales) Regulations 2006[6].

PART 2
Suspected and confirmed bluetongue
Initial requirements where bluetongue is known or suspected
5. —(1) The owner or keeper of any animal or carcase, or any person who examines or inspects any animal or carcase, who knows or suspects that the animal or carcase is infected with bluetongue, must—

    (2) A person who analyses a sample taken from any animal or carcase and who finds evidence of antibodies to, or antigens or nucleic acids of, the bluetongue virus or any evidence of vaccination for bluetongue must immediately notify the Divisional Veterinary Manager.

    (3) In this article "Divisional Veterinary Manager" means the veterinary inspector authorised by the Welsh Ministers to receive information about animals or carcases diseased or suspected of being diseased for the area in which such animals or carcases are situated.

Suspected or infected premises
     6. —(1) An inspector who knows or suspects that the bluetongue virus exists on any premises must immediately serve a notice on the occupier or on the keeper of any animals on those premises requiring that—

(a) no animal, ovum, semen or embryo enters or leaves the premises;

(b) an inventory of all animals on the premises is made, recording, for each species—

(c) the inventory is kept up to date;

(d) all animals on the premises are kept indoors or as directed by an inspector;

(e) the premises and animals on them are subject to the midge control measures specified in the notice.

    (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 if the veterinary inspector suspects that animals on the premises have been exposed to the bluetongue virus.

    (3) The person making the inventory must keep it for at least two years.

Powers of veterinary inspectors and officers
     7. If a notice has been served under the previous article, a veterinary inspector (and, other than in the case of examination of an animal, an inspector or an officer of the Welsh Ministers acting under the direction of a veterinary inspector) upon entering the premises may—

(a) examine any animal, carcase or thing;

(b) require the detention, isolation, restraint or treatment of any animal;

(c) carry out an epidemiological investigation relevant to the control of bluetongue;

(d) carry out tests and take samples (including blood samples) from any animal, carcase or thing for the purpose of diagnosis or epidemiological investigation;

(e) mark for identification purposes any animal, carcase or thing;

(f) trap midges;

(g) implement midge control measures;

(h) require the destruction, burial, disposal or treatment of any thing;

(i) require the cleansing and disinfection of any part of the premises or of any person, animal or thing on the premises; or

(j) require the occupier, any veterinary surgeon who has attended any animal on the premises or any other person who has been in charge of or in contact with any such animal to give details of any other animal or other premises with which any such animal may have come into contact.

Temporary control zones
     8. —(1) Following the service of a notice under article 6, the Welsh Ministers may declare a temporary control zone.

    (2) When a temporary control zone has been established in England which touches the border with Wales the Welsh Ministers may establish an associated temporary control zone in Wales.

    (3) The location and size of the temporary control zone must be such as the Welsh Ministers consider appropriate to prevent the spread of disease.

    (4) Where a temporary control zone has been established, no person may move any animal on to or off premises in the zone except in accordance with a licence issued by a veterinary inspector.

    (5) Premises partly inside and partly outside a temporary control zone are treated as being wholly inside that zone.

Measures on confirmation of the bluetongue virus
     9. —(1) If the Chief Veterinary Officer confirms that the bluetongue virus is circulating in Wales, the Welsh Ministers, on being satisfied on epidemiological, geographical, ecological or meteorological grounds that this is appropriate for disease control purposes, must declare an area to be a control zone.

    (2) The control zone must include the infected premises, and be of such size as the Welsh Ministers consider appropriate for disease control purposes.

    (3) No person may move an animal to or from premises in a control zone.

    (4) Premises which are only partly inside a control zone are treated as being wholly within that control zone.

Restrictions in protection and surveillance zones
     10. —(1) If the Chief Veterinary Officer confirms that the bluetongue virus is circulating in Wales the Welsh Ministers—

(a) must declare an appropriate area to be a restricted zone, and

(b) may divide the restricted zone into two separate zones, a protection zone and a surveillance zone.

    (2) No person may move an animal, semen, ovum or embryo out of a restricted zone except under the authority of a licence granted by an inspector.

    (3) No person may move an animal from a protection zone to a surveillance zone except under the authority of a licence granted by an inspector.

    (4) An inspector must grant a licence if the movement is permitted under Commission Regulation (EC) No. 1266/2007 as amended from time to time, and the conditions of any licence must be such as to ensure that the movement is made in accordance with that Regulation.

    (5) Premises partly inside a restricted zone and partly in an area that does not have controls for bluetongue are treated as being in the restricted zone.

    (6) If the restricted zone has been divided into a protection zone and a surveillance zone—

(a) premises (except premises which are partly inside a control zone) which are partly inside a protection zone are treated as being wholly within the protection zone, and

(b) premises (except premises which are partly inside a surveillance zone) which are partly inside a surveillance zone are treated as being wholly within the surveillance zone.

Powers of inspectors and officers in control or restricted zones
11. —(1) In a control or restricted zone, veterinary inspectors, officers authorised by the Welsh Ministers and inspectors have the powers they have in article 7.

(2) A veterinary inspector may also—

(a) require the occupier of premises in a protection zone or the keeper of any animal on such premises to allow the vaccination of any animal kept there; and

(b) require the occupier or keeper—

    (3) In this article "sentinel animal" means an animal that does not have antibodies to the bluetongue virus when first introduced or retained at the premises, and is used for surveillance for the bluetongue virus.

Slaughter of animals
     12. —(1) The Welsh Ministers may designate slaughterhouses for the purposes of slaughtering animals transported out of a restricted zone.

    (2) If an animal is transported from a restricted zone to a slaughterhouse outside the restricted zone in accordance with a licence, the occupier of the slaughterhouse must slaughter the animal within 24 hours of arrival.

Subsequent movement of animals
     13. If an animal, semen, ovum or embryo that has been in a restricted zone is moved on to premises outside the restricted zone, an inspector may serve a notice on the occupier of those premises, and on the occupier of any premises to which the animal is subsequently moved, prohibiting the movement of that animal from those premises except under the authority of a licence issued by an inspector.

Bluetongue outside Wales
     14. If bluetongue is confirmed outside Wales, the Welsh Ministers may declare a control zone or restricted zone in Wales if this is appropriate for disease control purposes.

Slaughter of animals
     15. Section 32 of the Animal Health Act 1981 (which relates to slaughter and compensation) applies to bluetongue.

Declarations of zones
     16. Declarations of zones—

(a) must be in writing;

(b) may be amended by further declaration at any time;

(c) must designate the extent of the zone being declared; and

(d) may only be revoked by further declaration.

PART 3
Miscellaneous
Surveillance
     17. An officer of the Welsh Ministers may enter any premises on which animals are kept (whether or not in a control zone or restricted zone) for the purposes of monitoring or surveillance for the bluetongue virus or antibodies to the bluetongue virus.

Vaccination against bluetongue
     18. No person may vaccinate an animal against bluetongue unless authorised by the Welsh Ministers.

Powers of inspectors in case of default
     19. A notice served under this Order must be complied with at the expense of the person on whom it is served, and if it is not complied with an inspector may arrange for it to be complied with at the expense of that person.

General powers of inspectors
     20. An inspector or officer of the Welsh Ministers who enters premises under this Order may take with him or her—

Damage
21. No person may—

(a) damage, interfere with or remove any traps set for midges under this Order; or

(b) deface, obliterate or remove any mark made by any person under this Order.

Licences
22. —(1) A person moving anything under the authority of a specific licence granted under this Order must—

(a) keep the licence or a copy of it with him or her at all times during the licensed movement;

(b) on demand by a veterinary inspector or other officer of the Welsh Ministers or by an inspector, produce the licence or copy and allow a copy or extract to be taken.

(2) A person moving anything under the authority of a general licence granted under this Order must—

(a) carry, at all times during the movement, a consignment note that contains details of—

(b) on demand by a veterinary inspector or other officer of the Welsh Ministers or by an inspector, produce the consignment note and allow a copy or extract to be taken.

Licences granted outside Wales
     23. Licences granted in England or Scotland for activities which could be licensed in Wales under this Order have effect in Wales as if they were licences granted under this Order.

Provision of assistance
     24. —(1) Any person required to give reasonable assistance or information to a person acting under this Order must, unless he or she has reasonable cause, do so without delay.

    (2) No person must provide information which he or she knows to be false or misleading to a person acting under this Order.

Offences by bodies corporate
     25. —(1) Where a body corporate is guilty of an offence under this Order, 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—

(a) any director, manager, secretary or other similar person of the body corporate; or

(b) any person who was purporting to act in any such capacity,

that person is guilty of the offence as well as the body corporate.

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

Enforcement
     26. —(1) This Order is enforced by the local authority.

    (2) The Welsh Ministers may direct, in relation to cases of a particular description or to particular cases, that they will enforce this Order instead.

Revocations
     27. The following are revoked—

(a) the Bluetongue (Wales) Order 2003 (except for article 19)[

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

5.05 p.m 2 November 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order continues to implement Council Directive 2000/75/EC laying down specific provisions for the control and eradication of bluetongue. It revokes and remakes the Bluetongue (Wales) Order 2003 ("the 2003 Order") in order to enforce Commission Regulation (EC) No. 1266/2007.

The Order provides that references to the Commission Regulation are references to it as amended from time to time.

The principal change to the 2003 Order is that movement licences in zones controlled or restricted for the purposes of bluetongue control must be in accordance with the Commission Regulation rather than the Commission Decision that it replaces.

Part 2 of the Order provides for the reporting of symptoms of bluetongue and for the establishment of control zones and restricted zones. Unlike in the previous Order, these zones can now be of a size appropriate for the control of bluetongue. It controls the movement of animals from those zones. It also provides for the separation of a restricted zone into a protection zone and a surveillance zone, and controls movement between these zones.

It provides for surveillance for bluetongue (article 17) and prohibits vaccination against bluetongue without the consent of the Welsh Ministers (article 18).

Part 3 makes provision for enforcement.

It is enforced by the local authority.

Failure to comply with this Order is an offence under section 73 of the Animal Health Act 1981.

A regulatory impact assessment has not been prepared for this Order.

Notes:

[1] 1972 c.68.back

[2] OJ No. L 283, 27.10.2007, p. 37.back

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

[4] 1981 c. 22. Functions under the Act were transferred to the National Assembly for Wales by S.I. 1999/672 and S.I. 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

[5] S. I. 1998/463.back

[6] S. I. 2006/1536 (W.153).back

[7] S. I. 2003/326 (W.47).back

[8] S. I. 2007/3002 (W.259).back

ISBN 978 0 11 091667 5

Prepared 29 November 2007

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	Statutory Instruments made by the National Assembly for Wales
You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Bluetongue (Wales) Order 2007 No. 3150 (W.267) URL: http://www.bailii.org/wales/legis/num_reg/2007/20073150e.html