Disease Control (Interim Measures) (Wales) Order 2002
| Jurisdiction | Wales |
| Citation | SI 2002/280 (W32) |
| Year | 2002 |
2002 No. 280 (W.32)
ANIMALS, WALESANIMAL HEALTH
The Disease Control (Interim Measures) (Wales) Order 2002
Made 8th February 2002
Coming into force 11th February 2002
The National Assembly for Wales and the Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred on them under sections 1, 7, 8(1), 83(2) and 87(2) of the Animal Health Act 19811and of all other powers enabling them in that behalf, make the following Order:
Title, application, commencement and cessation
1. This Order may be cited as the Disease Control (Interim Measures) (Wales) Order 2002; it applies to Wales, comes into force on 11th February 2002 and shall cease to have effect on 1st December 2002.
Interpretation
2. In this Order—
“the Act” means the Animal Health Act 1981;
“camelid” means an animal of a species which is a member of the camelidae family;
“Cattle Identification Regulations” means the Cattle Identification Regulations 19982;
“cattle passport” has the meaning it is given in the Cattle Identification Regulations save that it shall not include a calf passport as defined in those Regulations;
“collecting centre” means premises used for the intermediate reception of animals intended to be moved elsewhere but not including any place used, whether as a market or otherwise for the trading of animals;
“controlled area order” means any declaratory order made under article 30 of the Foot-and-Mouth Disease Order 19833;
“CPH number” means the farm holding number assigned from time to time to any premises or part of any premises by the National Assembly;
“hunting” means the use of hounds, beagles or other dogs for the purpose of hunting or coursing any deer, fox, mink or rabbit or for hunting any drag or other trail;
“keeper” means any person having care and control of animals even on a temporary basis but, except for the purposes of article 8(7)(a) below, not including any person who is only a keeper because he is transporting the animals;
“land” includes common or unenclosed land;
“management unit” means a group of animals which are kept and managed together;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“National Assembly” means the National Assembly for Wales;
“premises” includes land, with or without buildings;
“registered right of common” means a right of common registered under the Commons Registration Act 19654;
“Scottish Ministers” has the meaning it is given in section 44 of the Scotland Act 19985;
“slaughterhouse” has the meaning it is given in the Fresh Meat (Hygiene and Inspection) Regulations 19956;
“sole occupancy group” means any group of premises in relation to which an authority has been issued by the National Assembly or the Minister permitting movements between each of the premises in the group; and
“tack land” means land on to which animals belonging to another have been taken to be fed or pastured for reward by an agister.
Restrictions on the movement of animals
3.—(1) Subject to the following provisions of this article, it shall not be lawful to move an animal from any premises (in this article referred to as the “premises of origin”) unless the following requirements are met—
(a)
(a) the movement is made under the authority of a licence issued by the National Assembly, the Minister or an inspector and in accordance with the conditions thereof; and
(b)
(b) no animal has been moved on to the premises of origin (or other premises in the same sole occupancy group) during the period of 20 days before the day on which the first mentioned animal is to be moved (such period being referred to in this article as “the standstill period”).
(2) The requirement contained in paragraph (1)(b) above shall not apply—
(a)
(a) if the premises of origin is a market, collecting centre, artificial insemination centre, exhibition, or place for veterinary treatment;
(b)
(b) if the movement is—
(i) of a pig as referred to in article 8(3)(b) of the Pigs (Records, Identification and Movement) Order 19957or to a market for pigs intended for immediate slaughter;
(ii) of an animal direct to a slaughterhouse, or to a collecting centre for animals intended for immediate slaughter;
(iii) of a calf less than 30 days old (for which a cattle passport has been issued and to which ear tags have been applied in accordance with article 3(3) of the Cattle Identification Regulations) from premises of origin which are either the premises on which the calf was born or other premises in the same sole occupancy group, save that this exemption shall not apply if any animal has been moved during the standstill period directly from a market onto the premises of origin, or other premises in the same sole occupancy group;
(iv) of a lamb less than 7 days old from premises of origin which are either the premises on which it was born or other premises in the same sole occupancy group to any other premises not more than 10 kilometres by road from the premises of origin, where this is for the purpose of fostering that lamb;
(v) the return from tack land of a sheep to the premises from which it was originally moved or to other premises in the same sole occupancy group provided that the tack land was managed separately from and had a different CPH number to the remainder of any premises of which it was a part at all times during the period the sheep was there;
(vi) of an animal between premises in a sole occupancy group in accordance with an authority issued by the National Assembly or the Minister;
(vii) of an animal from a show provided that before that animal was moved to the show it was isolated for the preceding 20 days from all other animals on the premises where it was and that it is again so isolated for a further 20 days on its return;
(viii) of cattle from premises of origin in circumstances where the only movement of animals on those premises has been of a calf less than 30 days old which has been brought from the premises on which that calf was born or from other premises in the same sole occupancy group and where—
(aa) the premises of origin are authorised to be used as a specialist calf rearing unit by a notice issued by a veterinary inspector, the Minister or the National Assembly; and
(bb) the cattle to be moved have been issued with cattle passports and tagged in accordance with the Cattle Identification Regulations;
(ix) of an animal for direct export or to a collecting centre or assembly centre approved under regulation 12(2) of the Animal and Animal Products (Import and Export) (England and Wales) Regulations 20008prior to such export;
(x) of an animal which has been imported into the United Kingdom direct to any premises from its point of entry into the United Kingdom;
(xi) of an animal between land over which the owner or keeper of the animal has a registered right of common and premises occupied by the owner or keeper in relation to which the registered right of common is customarily exercised;
(xii) of a camelid being taken on a trekking expedition;
(xiii) of pigs or cattle to an artificial insemination centre or place for veterinary treatment; or
(xiv) of a bull for breeding purposes; or
(c)
(c) if a permit disapplying the standstill period has been issued by a veterinary inspector in relation to the movement.
(3) For the purposes of paragraph (1)(b) above no account shall be taken of the movement on to the premises of origin or other premises in the same sole occupancy group of—
(a)
(a) a pig—
(i) which is being returned to those premises from a place to which it had been moved for breeding, an artificial insemination centre or a place to which it had been moved for veterinary treatment provided it is isolated for 20 days after the date of its return from all other animals; or
(ii) where that movement is as referred to in article 8(3)(b) of the Pigs (Records, Identification and Movement) Order 1995;
(b)
(b) an animal which is being returned to those premises from an exhibition or show provided that that animal is isolated for 20 days after the date of its return from all other animals on the premises of origin and the attendance of the animal at that exhibition or show has been notified to the local authority;
(c)
(c) a bull for breeding purposes, provided that the bull and all other animals at the premises from which it was brought which are in the same management unit, were inspected at those premises immediately prior to the movement to the premises of origin by a veterinary inspector who has issued a written declaration to the effect that neither the bull nor any of the other animals showed any signs of foot-and-mouth disease when they were so inspected;
(d)
(d) a camelid brought from premises where no animals other than camelids have been present at any time during the 20 days preceding the movement of the camelid onto the premises of origin;
(e)
(e) a sheep which is being returned to those premises from tack land provided the tack land has been managed separately from and had a different CPH number to the remainder of any premises of which it is a part during the period the sheep was there;
(f)
(f) a calf less than 30 days old from the premises on which it was born or other premises in the same sole occupancy group, provided that the premises of origin are authorised to be used as a specialised calf rearing unit by a notice issued by a veterinary inspector, the National Assembly or the Minister;
(g)
(g) an animal from either—
(i) its point of entry into the United Kingdom following its import from another member State; or
(ii) the premises to which it has been moved from its point of entry into the United Kingdom;
(h)
(h) an animal which is brought on to those premises in a vehicle provided that—
(i) the animal is not unloaded from that vehicle at those premises, and
(ii) such movement is carried out in accordance with the conditions of...
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