The Bluetongue Regulations (Northern Ireland) 2008

PART II N.I. SUSPECTED AND CONFIRMED BLUETONGUE

Initial requirements where bluetongue is known or suspected N.I.

4.—(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—

(a) immediately notify the Divisional Veterinary Officer; and

(b) refrain from moving any animal or carcase on or off the premises where the animal or carcase known to be or suspected of being diseased is located, except under the authority of and in accordance with the conditions of a licence granted by the Department.

(2) Any 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 Officer.

Commencement Information

I1 Reg. 4 in operation at 21.7.2008, see reg. 1

Notification by inspectors N.I.

5.—(1) If an inspector knows or suspects that the disease exists on any premises he shall immediately serve a notice on the occupier of those premises 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—

(i) the number dead,

(ii) the number alive which appear to the occupier or keeper to be infected with the disease, and

(iii) the number alive which do not appear to the occupier or keeper to be infected with the disease;

(c) this inventory is kept up to date;

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

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

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

(3) A veterinary inspector or an inspector authorised by the Department may also serve a notice on the occupier of premises whose location, geographical situation or contacts with premises where the disease is known or suspected to exist provide grounds for suspecting the existence of the disease, exposure to it or the presence of midges there.

(4) Notices may be served under paragraphs (1) and (3) whether or not notification has been given under regulation 4.

Commencement Information

I2 Reg. 5 in operation at 21.7.2008, see reg. 1

Confirmation of bluetongue on premises N.I.

6.—(1) Once a veterinary inspector is satisfied that bluetongue exists on any premises he may serve a notice on the occupier of those premises—

(a) confirming the existence of bluetongue on the premises;

(b) notifying the occupier that notwithstanding regulation 4, it is unnecessary to notify any further suspected cases of bluetongue on the premises to the Divisional Veterinary Officer; and

(c) removing some or all of the restrictions imposed by the notice served under regulation 5.

(2) The veterinary inspector may also serve a notice on the occupier that notwithstanding regulation 4, it is unnecessary to notify the Divisional Veterinary Officer of any further evidence of bluetongue, or vaccination for bluetongue, from the affected premises.

Commencement Information

I3 Reg. 6 in operation at 21.7.2008, see reg. 1

Powers of veterinary inspectors and officers N.I.

7.—(1) Where a notice has been served under regulation 5, a veterinary inspector (and, other than in the case of examination of an animal, an inspector or an officer authorised by the Department) upon entering the premises may—

(a) examine and vaccinate any animal, carcase or thing on those premises;

(b) require the detention, isolation, housing, restraint or treatment of any animal on those premises;

(c) detain or isolate any thing;

(d) require the detention or isolation of any thing;

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

(f) make such tests and take samples (including blood samples) from any animal, carcase or thing on those premises as he may consider necessary for the purpose of diagnosis or epidemiological investigation;

(g) mark for identification purposes any animal, carcase or thing on those premises;

(h) collect midges from those premises and set traps on those premises for the collection of midges;

(i) implement such other vector control measures on those premises as he deems necessary;

(j) require the destruction, burial, disposal or treatment of any thing on those premises;

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

(l) require the occupier, any veterinary surgeon who has attended any animal on those premises and any other person who has been in charge of or in contact with any such animal, to inform him of any other animal or other premises with which any such animal may have come into contact;

(m) require the production of any record kept under these Regulations, in whatever form that record is held;

(n) copy any record; or

(o) inspect and check the operation of any computer and associated apparatus or material used in the connection with the making and keeping of records under these Regulations.

(2) A veterinary inspector may move an animal which has been moved other than in accordance with regulations 10 or 14 to a place specified by the veterinary inspector.

(3) Where a notice has been served under regulation 5 in respect of any premises, an inspector authorised by the Department may implement such other control measures on those premises as the Department may deem necessary.

Commencement Information

I4 Reg. 7 in operation at 21.7.2008, see reg. 1

Temporary control zones N.I.

8.—(1) If an inspector suspects that the bluetongue virus exists on any premises, the Department may declare a temporary control zone.

(2) If the Department has reasonable grounds for suspecting that the disease exists in animals within such part of Great Britain or the Republic of Ireland as may entail the risk of the introduction or spread of the disease into Northern Ireland, it may declare Northern Ireland or such area therein as may be specified in the declaration to be a temporary control zone.

(3) The location and size of the temporary control zone shall be such as the Department considers appropriate to prevent the spread of the disease.

(4) Where a temporary control zone has been established, a person shall not move any animal on to or off premises in the zone except under the authority of and in accordance with the conditions of a licence granted by the Department.

(5) Nothing in paragraph (1) shall deem any part of any premises outside Northern Ireland to be within a temporary control zone.

(6) A temporary control zone ceases to exist in any area subsequently incorporating into a control zone or restricted zone.

Commencement Information

I5 Reg. 8 in operation at 21.7.2008, see reg. 1

Measures when the disease is confirmed N.I.

9.—(1) On confirmation that the disease is circulating, the Department, being satisfied on epidemiological, geographical, ecological or meteorological grounds that it is appropriate for disease control purposes, may declare an area to be a control zone.

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

(3) A person shall not move an animal to or from premises in a control zone.

Commencement Information

I6 Reg. 9 in operation at 21.7.2008, see reg. 1

Restrictions in protection and surveillance zones N.I.

10.—(1) On confirmation of the disease in Northern Ireland the Department shall—

(a) 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.

[F1 (1A) A surveillance zone demarcated by the Department shall not contain any animals that have been vaccinated with live attenuated vaccines within the last 12 months.]

(2) A person shall not move an animal, semen, ovum or embryo out of a restricted zone except under the authority of and in accordance with the conditions of a licence granted by the Department.

(3) A person shall not move an animal from a protection zone to a surveillance zone except under the authority of and in accordance with the conditions of a licence granted by the Department.

(4) The Department shall grant a licence if the movement is permitted under the Regulation 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) A person is prohibited from moving an animal within a restricted zone if the animal shows clinical signs of bluetongue on the day of transport.

Textual Amendments

F1 Reg. 10(1A) inserted (19.11.2012) by The Bluetongue (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/383), regs. 1, 2(4)

Commencement Information

I7 Reg. 10 in operation at 21.7.2008, see reg. 1

Premises straddling zones N.I.

11.—(1) Premises partly inside a temporary control zone and not inside any other zone are treated as being inside the temporary control zone.

(2) Premises partly inside a control zone are treated as being inside that zone.

(3) Premises partly inside a vaccination zone are treated as being inside that zone.

(4) Otherwise—

(a) if a restricted zone has been divided into a protection zone and a surveillance zone premises partly inside the protection zone and partly inside the surveillance zone are treated as being inside the protection zone;

(b) premises partly inside a restricted zone and partly inside an area that does not have controls for bluetongue are treated as being inside the restricted zone; and

(c) premises partly inside a restricted zone and partly inside a temporary control zone are treated as being inside the restricted zone.

(5) Nothing in this regulation shall deem any part of any premises outside Northern Ireland to be within a control zone.

Commencement Information

I8 Reg. 11 in operation at 21.7.2008, see reg. 1

Powers of inspectors and officers in control, temporary control, restricted or vaccination zones N.I.

12.—(1) When a control, temporary control, restricted or vaccination zone has been declared, veterinary inspectors, officers of the Department and inspectors have the powers in regulation 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 or require the vaccination of any animal kept there; and

(b) require the occupier or keeper to retain animals for use as sentinel animals or to allow the introduction of sentinel animals onto those premises.

Commencement Information

I9 Reg. 12 in operation at 21.7.2008, see reg. 1

Slaughter of animals N.I.

13.—(1) The Department 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 under the authority of and in accordance with the conditions of a licence granted by the Department the occupier of the slaughterhouse must slaughter the animal within a specified time period and in any case not later than 24 hours of arrival.

(3) The operator of a slaughterhouse in a surveillance zone may only slaughter an animal from a protection zone if licensed to do so by the Department.

Commencement Information

I10 Reg. 13 in operation at 21.7.2008, see reg. 1

Subsequent movement of animals N.I.

14.  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, semen, ovum or embryo is subsequently moved, prohibiting its movement from those premises except under the authority of and in accordance with the conditions of a licence granted by the Department.

Commencement Information

I11 Reg. 14 in operation at 21.7.2008, see reg. 1

Bluetongue outside Northern Ireland N.I.

15.  If bluetongue is confirmed outside Northern Ireland, the Department may declare a control zone or restricted zone in Northern Ireland, of such size and location as it determines is appropriate for disease control purposes.

Commencement Information

I12 Reg. 15 in operation at 21.7.2008, see reg. 1

Declaration of zones N.I.

16.  A Declaration of a zone—

(a) shall be in writing;

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

(c) shall designate the extent of the zone being declared;

(d) may only be revoked by further declaration; and

(e) shall be published in such a manner and to such extent as the Department considers necessary.

Commencement Information

I13 Reg. 16 in operation at 21.7.2008, see reg. 1