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PART IIIN.I.SUSPICION AND CONFIRMATION OF AFRICAN HORSE SICKNESS

Scope of Part IIIN.I.

6.  This Part does not apply in relation to slaughterhouses or non-captive horses.

Commencement Information

I1Reg. 6 in operation at 18.11.2013, see reg. 1

Initial controls following notificationN.I.

7.—(1) This regulation applies where the Department receives a notification under regulation 5(1) and a veterinary inspector considers that further investigation relating to the possible presence of African horse sickness virus is necessary.

(2) A veterinary inspector shall inform (orally or otherwise) the person who gave the notification that further investigation is necessary.

(3) Where that person has been so informed, the controls in paragraph (7) apply in relation to the premises where the notified horse or carcase (as the case may be) is located.

(4) Where those premises are not the premises where the notified horse is normally kept or, in the case of a notified carcase, the horse before it died was normally kept, a veterinary inspector may also inform (orally or otherwise) the occupier of those premises that further investigation is necessary.

(5) Where that occupier has been so informed, the controls in paragraph (7), other than in sub-paragraph (a)(i), apply in relation to those other premises.

(6) A veterinary inspector—

(a)shall go to the premises where the notified horse or carcase is located and examine that horse or carcase, and may examine any other horse or carcase there;

(b)where paragraph (4) applies, may go to those other premises and examine any horse or carcase there.

(7) The controls are that—

(a)any person in possession or charge of a notified horse or carcase shall ensure that—

(i)the notified horse or carcase is not moved from the premises where it is located;

(ii)no thing is moved from the premises;

(iii)no other horse or carcase is moved from or to the premises, except that any horse normally kept at the premises may return there; and

(b)if required by a veterinary inspector and to the extent that it is practicable to do so the occupier shall ensure that—

(i)all horses are moved away from any part of the premises where most vectors are likely to be present;

(ii)areas which may be breeding grounds for vectors are identified and any available vector control measures directed by a veterinary inspector are implemented.

(8) The controls imposed under this regulation continue to apply until—

(a)a veterinary inspector confirms (orally or otherwise) to any occupier of the premises that the presence of African horse sickness virus on the premises is not suspected; or

(b)the premises become suspect premises(1).

Commencement Information

I2Reg. 7 in operation at 18.11.2013, see reg. 1

Imposing measures on suspicion of diseaseN.I.

8.—(1) This regulation applies where an inspector suspects that a horse or carcase that is or has been infected with African horse sickness virus is or has been on any premises (whether following a notification under regulation 5(1) or otherwise).

(2) The inspector may serve a notice on the occupier designating those premises as suspect premises, at which point the measures in Schedule 1 have effect(2).

(3) Such a notice served in relation to contact premises shall specify that the premises are contact premises.

(4) A notice served under paragraph (2) may require the occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.

(5) Where a notice has been served under paragraph (2) a veterinary inspector shall—

(a)as far as is reasonably practicable assess places likely to facilitate the survival of the vectors, or to accommodate them, and the practicality of using appropriate vector control measures in such places;

(b)begin an epidemiological inquiry to try to establish at least—

(i)the length of time that African horse sickness virus may have existed in horses on the premises;

(ii)the origin of that virus;

(iii)the identification of other premises on which there are horses which may have become infected;

(iv)the presence and distribution of vectors;

(v)the movement of any horse to or from the premises or any carcases removed from them; and

(vi)the possibility that non-captive horses may be involved in the spread of the virus,

and continue the inquiry until these matters have been established so far as is practicable or the possible presence of African horse sickness virus has been discounted.

Commencement Information

I3Reg. 8 in operation at 18.11.2013, see reg. 1

Measures following suspicion – premises other than contact premisesN.I.

9.—(1) This regulation applies where premises, other than contact premises, are designated as suspect premises.

(2) A veterinary inspector shall take all reasonable steps to establish whether or not African horse sickness virus is present.

(3) For the purposes of paragraph (2), a veterinary inspector may, if the Department considers it necessary, take and have tested samples from any horse or carcase that is, or has previously been, on the premises.

(4) If the Department is satisfied following the steps referred to in paragraph (2) that it is no longer appropriate for the premises to remain designated as suspect premises, a veterinary inspector shall revoke the notice served under regulation 8(2).

(5) Where that notice is revoked, the measures in Schedule 1 cease to have effect, except for the purposes of paragraph 1(4)(a) of that Schedule (duty to keep records for 6 months following revocation of notice).

(6) If the Department is satisfied following tests under this regulation that there are seropositive horses on the premises, a veterinary inspector shall continue to monitor as appropriate horses on the premises, and may take further samples and have them tested.

(7) Paragraph (8) applies if the Department is satisfied as a result of any test carried out under this regulation or any clinical signs in any horse on the premises that African horse sickness virus is present in a horse or carcase or on the premises.

(8) Where this paragraph applies, a veterinary inspector shall serve a notice on the occupier declaring the premises to be infected premises(3).

(9) Where a notice has been served under paragraph (8), the measures in Schedule 1 continue to have effect.

(10) The notice served under paragraph (8) may require the occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.

(11) If the Department considers it necessary to reduce the risk of spread of African horse sickness virus, the notice served under paragraph (8) may require measures additional to those in Schedule 1 and paragraph (10).

Commencement Information

I4Reg. 9 in operation at 18.11.2013, see reg. 1

Measures following suspicion – contact premisesN.I.

10.—(1) This regulation applies where contact premises are designated as suspect premises.

(2) If any horse on the premises shows clinical signs of African horse sickness virus during the relevant period, a veterinary inspector—

(a)shall take samples from it and have them tested; and

(b)may take samples from any other horse or carcase on the premises and have them tested.

(3) If no horse on the premises shows clinical signs of African horse sickness, a veterinary inspector—

(a)shall monitor as appropriate all horses on the premises until the end of the relevant period; and

(b)may take samples from any horse or carcase on the premises and have them tested.

(4) If no horse on the premises has shown clinical signs of African horse sickness at any time during the relevant period and the Department is satisfied following any tests under this regulation that it is no longer appropriate for the premises to remain designated as suspect premises, a veterinary inspector shall revoke the notice served under regulation 8(2).

(5) Where that notice is revoked, the measures in Schedule 1 cease to have an effect, except for the purposes of paragraph 1(4)(a) of that Schedule.

(6) Paragraph (7) applies where the Department is satisfied as a result of—

(a)any test carried out under this regulation;

(b)any clinical signs in any horse on the premises; or

(c)any epidemiological connection to infected premises,

that African horse sickness virus is present in a horse or carcase or on the premises.

(7) Where this paragraph applies, a veterinary inspector shall serve a notice on the occupier declaring the premises to be infected premises(4).

(8) Where a notice has been served under paragraph (7), the measures in Schedule 1 continue to have effect.

(9) The notice served under paragraph (7) may require the occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.

(10) If the Department considers it necessary to reduce the risk of spread of African horse sickness virus, the notice may require measures additional to those in Schedule 1 and paragraph (9).

(11) In this regulation, “the relevant period” is the period determined by the Department to be necessary for establishing whether or not African horse sickness is present in a horse or carcase on the premises.

Commencement Information

I5Reg. 10 in operation at 18.11.2013, see reg. 1

Powers to prevent horses from being brought onto other premisesN.I.

11.—(1) This regulation applies where premises are infected premises and the Department considers that due to the risk of African horse sickness virus spreading it is appropriate to prevent horses from being brought onto other premises.

(2) The Department may serve a notice on the occupier of those other premises imposing the prohibition in paragraph (3).

(3) The prohibition is that no person may move any horse onto the premises for such period as may be specified in the notice, except under the authority of a licence granted by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

(4) The Department shall revoke any notice served under paragraph (2) if satisfied, having regard to the epidemiological risk, that the prohibition is no longer required.

(5) The notice may require the main occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.

Commencement Information

I6Reg. 11 in operation at 18.11.2013, see reg. 1

Revocation of notices declaring premises to be infected premisesN.I.

12.—(1) A veterinary inspector shall not revoke a notice declaring premises to be infected premises unless the Department is satisfied that there is minimal risk of further infection from those premises.

(2) If not earlier revoked by a veterinary inspector, a notice declaring premises to be infected is revoked when the premises to which the notice relates cease to be within any zone declared under Part VI.

(3) Where a notice declaring premises to be infected premises is revoked by a veterinary inspector or by virtue of paragraph (2), the measures in Schedule 1 cease to have effect, except for the purposes of paragraph 1(4)(a) of that Schedule.

Commencement Information

I7Reg. 12 in operation at 18.11.2013, see reg. 1

(1)

At which point other measures have effect: see regulation 8(2).

(2)

See also the power of the Department under regulation 16 to declare a temporary control zone.

(3)

See also the power of the Department under regulation 17 to declare a control zone, protection zone and surveillance zone.

(4)

See also the power of the Department under regulation 17 to declare a control zone, protection zone and surveillance zone.