The Foot-and-Mouth Disease (Amendment) (Wales) (No. 9) Order 2001

Explanatory Note

(This note is not part of the Order)

This Order amends the Foot-and-Mouth Disease Order 1983 (the “1983 Order”) (S.I. 1983/1950 as last amended, in relation to Wales by S.I. 2001/2236 (W. 162))

The principal amendments to the 1983 Order are as follows—

1) Article 29A(2) is amended—

(a) so as to make it clear that the number of permitted persons who may make up a shooting party allowed to shoot game, wildlife or deer in an infected area declared under Part III of the 1983 Order (in accordance with that paragraph and as an exception to certain of the prohibitions set out in paragraph (1) of that article) shall include any beaters employed by the person on whose land the shoot takes place; and

(b) to allow the shooting (or attempted shooting) in an infected area (declared under Part III of the 1983 Order) of grouse, pheasant or partridge under a licence issued by a veterinary inspector. (article 2(6))

(By virtue of article 3 of this Order, these amendments will also apply in relation to the equivalent provisions applying in a restricted infected area declared under Part IIIA of the 1983 Order)

2.  Article 36(2) is amended to make it clear—

(a) that the number of permitted persons who may make up a shooting party which is allowed to shoot game, wildlife or deer in a controlled area declared under Part IV of the 1983 Order (in accordance with that paragraph and as an exception to certain of the prohibitions set out in paragraph (1) of that article) shall include any beaters employed by the person on whose land the shoot takes place; and

(b) that licences to cull deer (as a further exception to prohibitions set out in paragraph (1) of that article) may be granted by inspectors. (article 2(11))

3.  A Part IIIA is inserted, including new articles 29C and D, under which the Minister of Agriculture, Fisheries and Food (“the Minister”) may declare an area to be an infected area (a “restricted infected area”) to which the provisions set out in that part will apply (article 2(7)).

The provisions which will apply to a restricted infected area are the same as those which apply in the case of an infected area declared under Part III of the 1983 Order but subject to the variations set out in new articles 29C and D and any variations and exceptions provided for in the order declaring that restricted infected area. In particular there are additional cleansing and disinfection requirements (new article 29D) in relation to the movement of people onto and off premises where animals are kept and cleansing and disinfection requirements on persons who tend animals. The owner or occupier of premises where animals are kept is also required to maintain disinfectant footbaths at every exit from the premises. Additional cleansing and disinfection requirements apply in relation to vehicles moving onto and off premises which are not predominantly used as domestic dwellings where animals are kept and movements of milk, fodder and other animal feed onto and off such premises can only be made under the authority of a licence issued by an inspector of the Minister and in accordance with its terms.

4.  The Order amends article 32 of the 1983 Order (article 2(10)) so as to permit an inspector to license movements of carcases, manure, slurry and litter out of a knacker’s yard in a controlled area declared under Part IV of the 1983 Order. In addition article 37A of the 1983 Order is amended (article 2(12)) so as to permit the Minister to revoke by declaration a prohibition on access to land or buildings which has been imposed under that article.

5.  Article 38 is revoked and replaced so as to extend the power of veterinary inspectors to impose restrictions on the occupier of premises or on the owner or person in charge of any animal, poultry or thing for the purpose of preventing the spread of disease. The new article 38 enables a veterinary inspector to prohibit the movement of persons into, within or out of a place; to prohibit or require the movement of animals; to require the detention or isolation of animals, poultry or things or the separation of animals and poultry; to require the destruction, burial, disposal or treatment of any thing; to require the cleansing and disinfection of any place or thing or to require any person to disinfect himself; or to impose other requirements with respect to any animal, poultry or thing (article 2(13)).

6.  Article 46 is amended so as to enable the Minister to direct that he or she rather than the local authority should execute and enforce certain descriptions of cases or particular cases under the 1983 Order (article 2(14)).

7.  A regulatory appraisal has not been prepared for this Order.