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The Bluetongue Regulations (Northern Ireland) 2008

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PART IIIN.I.MISCELLANEOUS

Monitoring and SurveillanceN.I.

17.  An inspector or officer of the Department may enter any premises (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 or midges.

Commencement Information

I1Reg. 17 in operation at 21.7.2008, see reg. 1

Obtaining vaccineN.I.

[F118.  No person other than the holder of a marketing authorisation, a manufacturing authorisation or a wholesale dealer’s authorisation granted by the Secretary of State under the Veterinary Medicines Regulations 2011 may obtain a vaccine except—

(a)a person obtaining such a vaccine following a decision of the Department under regulation 19A (decision to allow the use of such vaccines) within an area not subject to any bluetongue restrictions; or

(b)under the authority of a licence granted by the Department.]

[F2Decision to allow use of vaccinesN.I.

19.(1) The Department may decide to allow the use of inactivated or live attenuated vaccines against bluetongue provided that—

(a)such decision is based on the result of a specific risk assessment; and

(b)the EU Commission is informed of that decision before the vaccination is carried out.

(2) When live attenuated vaccines are used, the Department must declare—

(a)a protection zone consisting of at least the vaccination area; and

(b)a surveillance zone extending beyond the limit of the protection zone.]

[F3Decision to allow use of vaccinesN.I.

19A.(1) The Department may decide to allow the use of inactivated or live attenuated vaccines against bluetongue provided that—

(a)such decision is based on the result of a specific risk assessment; and

(b)the EU Commission is informed of that decision before the vaccination is carried out.

(2) When live attenuated vaccines are used, the Department must declare—

(a)a protection zone consisting of at least the vaccination area; and

(b)a surveillance zone extending beyond the limit of the protection zone.]

Compulsory vaccinationN.I.

20.—(1) The Department may declare a vaccination zone in which any occupier of premises or keeper of animals must ensure the vaccination of their animals and comply with any other measures related to either vaccination or vaccine specified in that declaration.

(2) A veterinary inspector may serve a notice on the occupier of premises or the keeper of animals on premises requiring that occupier or keeper to ensure the vaccination of the animals at the premises.

Commencement Information

I2Reg. 20 in operation at 21.7.2008, see reg. 1

[F4Exports N.I.

20A.(1) A person shall not export any animal, semen, ovum or embryo to a third country unless it complies with 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 animals of susceptible species in relation to bluetongue.

(2) An inspector who has reasonable cause to suspect that a person intends to export any animal, semen, ovum or embryo in contravention of this regulation may by notice served on that person, that person’s representative or the person appearing to be in charge of the animal, semen, ovum or embryo, prohibit that export and require the person on whom the notice is served to take the animal, semen, ovum or embryo to such places as may be specified in the notice and to take such further action in relation to it as may be specified in the notice.

(3) If a notice served under paragraph (2) is not complied with, an inspector may seize any animal or thing to which it relates and arrange for the requirements of the notice to be complied with at the expense of the person on whom the notice was served.]

Costs of complianceN.I.

21.  Unless the Department directs otherwise in writing, the costs incurred by any person in taking any action required, or in refraining from taking action that is prohibited, by or under these Regulations must be met by that person.

Commencement Information

I3Reg. 21 in operation at 21.7.2008, see reg. 1

Powers of inspectors in case of defaultN.I.

22.  If any person fails to comply with a requirement in or under these Regulations, an inspector may take such steps as that inspector considers necessary to ensure the requirement is met at the expense of that person.

Commencement Information

I4Reg. 22 in operation at 21.7.2008, see reg. 1

Offences and penaltiesN.I.

23.  A person contravening any requirement or prohibition in or under these Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment not exceeding three months or both.

Commencement Information

I5Reg. 23 in operation at 21.7.2008, see reg. 1

General powers of inspectorsN.I.

24.  An inspector or officer of the Department who enters premises under these Regulations may take with him—

(a)a vehicle;

(b)any equipment; and

(c)such other person(s) as is appropriate.

Commencement Information

I6Reg. 24 in operation at 21.7.2008, see reg. 1

Interference with traps and marksN.I.

25.  A person shall not—

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

(b)deface, obliterate or remove any mark made by any person under these Regulations.

Commencement Information

I7Reg. 25 in operation at 21.7.2008, see reg. 1

LicencesN.I.

26.—(1) A person moving any thing under the authority of and in accordance with the conditions of a specific licence granted by the Department under these Regulations must—

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

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

(2) A person moving any thing under the authority of and in accordance with the conditions of a general licence granted by the Department under these Regulations shall—

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

(i)what is being transported, including the quantity,

(ii)the date of the movement,

(iii)the name of the consignor,

(iv)the address of the premises from which the movement started,

(v)the name of the consignee,

(vi)the address of the premises of destination;

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

Commencement Information

I8Reg. 26 in operation at 21.7.2008, see reg. 1

Provision of assistanceN.I.

27.—(1) Any person required to give assistance or information to a person acting under these Regulations must, unless he has reasonable cause, do so without delay.

(2) A person shall not provide information which he knows to be false or misleading to a person acting under these Regulations.

Commencement Information

I9Reg. 27 in operation at 21.7.2008, see reg. 1

Exceptional circumstancesN.I.

28.  The Department may for the purpose of ensuring the health or welfare of any animal—

(a)license a person to carry out any action that is otherwise prohibited under these Regulations; or

(b)exempt a person, by notice, from any requirement under these Regulations.

Commencement Information

I10Reg. 28 in operation at 21.7.2008, see reg. 1

RevocationsN.I.

29.  The Bluetongue Order (Northern Ireland) 2008(1) is revoked.

Commencement Information

I11Reg. 29 in operation at 21.7.2008, see reg. 1

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