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Article 2

SCHEDULE 1Amendments to the Bluetongue Order 2003

1.  In article 8(1)—

(a)in sub-paragraph (a), omit “carcase,”; and

(b)omit sub-paragraph (f).

2.  For articles 10, 11 and 12 substitute—

Measures when disease is confirmed

10.(1) On confirmation by the Chief Veterinary Officer of bluetongue on premises in England, the Secretary of State shall declare an area to be a control zone.

(2) A control zone declared under paragraph (1) shall—

(a)be centred on the outbreak point; and

(b)subject to paragraphs (3) and (4), have a radius of 20 kilometres.

(3) Where this article requires the Secretary of State to declare a control zone and the area of that zone would include land in Wales or Scotland, he shall declare a zone of such part of that area as is in England.

(4) The Secretary of State may extend or reduce the area of a control zone having regard to such—

(a)epidemiological;

(b)geographical;

(c)ecological; or

(d)meteorological,

factors as he considers relevant.

(5) No person may move an animal to or from premises in a control zone, except in accordance with a licence granted by an inspector.

(6) An inspector may only grant a licence under paragraph (5) in respect of a movement which is permitted under the Commission Decision.

(7) The terms and conditions of such a licence shall be such as to ensure that the movement is made in accordance with the Commission Decision.

(8) In this article—

(a)“the Commission Decision” means Commission Decision 2005/393/EC on protection and surveillance zones in relation to bluetongue and conditions applying to movements from or through these zones, as amended from time to time; and

(b)“the outbreak point” means the part of the infected premises from which the Secretary of State considers the control zone should be measured.

Restrictions in protection and surveillance zones

11.(1) On confirmation by the Chief Veterinary Officer of bluetongue on premises in England—

(a)the Secretary of State shall declare an area to be a protection zone and an area to be a surveillance zone; and

(b)paragraphs (2) to (5) apply to such zones.

(2) No person may move an animal out of the protection zone or the surveillance zone, except in accordance with a licence granted by an inspector.

(3) An inspector may only grant a licence under paragraph (2) in respect of a movement which is permitted under the Commission Decision.

(4) The terms and conditions of such a licence shall be such as to ensure that the movement is made in accordance with the Commission Decision.

(5) Where a protection zone or a surveillance zone would cover an area which includes land in Wales or Scotland, the Secretary of State shall declare a protection zone or a surveillance zone of such part of the area as is in England.

(6) In this article, “the Commission Decision” has the same meaning as it has in article 10.

Powers of inspectors and officers in protection and surveillance zones

12.(1) Where a protection zone and a surveillance zone have been declared under article 11, veterinary inspectors and officers authorised by the Secretary of State shall have the powers they have under article 9 in respect of premises within the protection zone or the surveillance zone.

(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 of any animal kept there; and

(b)require the occupier or keeper—

(i)to retain animals for use as sentinel animals, or

(ii)to allow the introduction of sentinel animals onto those premises.

Disease in Scotland and Wales

12A.  On confirmation by the Chief Veterinary Officer of bluetongue on premises in Scotland, Wales or Northern Ireland, the Secretary of State may declare an area to be a control zone, a protection zone or a surveillance zone in England.

Declarations of zones

12B.  Declarations of control zones, protection zones and surveillance zones under articles 10, 11 or 12A—

(a)must be in writing;

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

(c)must designate the extent of the zone being declared; and

(d)may only be revoked by further declaration..