The Bluetongue Regulations 2008

PART 1 Introduction

Title, application and commencement

1.  These Regulations may be cited as the Bluetongue Regulations 2008; they apply in England and come into force on 26th April 2008.

Interpretation

2.—(1) In these Regulations—

“animal” means a ruminating animal (and for the purposes of these Regulations all camelids are considered to be ruminating animals) and “carcase”, “embryo”, “ovum” and “semen” mean the carcase, embryo, ovum and semen of such an animal;

“control zone” means a zone referred to in regulation 12;

“infected premises” means premises on which the existence of bluetongue has been confirmed;

“inspector” means an inspector appointed as such by the Secretary of State or a local authority for the purpose of these Regulations and, unless the context otherwise requires, includes a veterinary inspector;

“local authority” means—

(a)

in a part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994(1), a unitary authority for that local government area, that authority;

(b)

where there is not a unitary authority—

(i)

in a metropolitan district, the council of that district;

(ii)

in a non-metropolitan county, the council of that county;

(iii)

in each London borough, the council of that borough;

(iv)

in the city of London, the Common Council;

(v)

where there is a port health authority, that authority;

“midge” means an insect of the genus Culicoides;

“premises” includes any place;

“vaccine” means vaccine against bluetongue virus; and

“veterinary inspector” means a person appointed as such by the Secretary of State for the purposes of these Regulations.

(2) Any authorisation, licence, notice or designation under these Regulations must be in writing, may be subject to conditions and may be amended, suspended or revoked by notice at any time.

Exemptions

3.  These Regulations do not apply to—

(a) anything a person is authorised to do by a licence granted under the Specified Animal Pathogens Order 1998(2);

(b) any quarantine centre or quarantine facility approved under the Animals and Animal Products (Import and Export) (England) Regulations 2006(3);

(c) administration of a vaccine for research purposes in accordance with an animal test certificate granted under the Veterinary Medicines Regulations 2007(4).

Licences

4.—(1) A person moving anything under the authority of a specific licence granted under these Regulations must—

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

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

(2) A person moving anything under the authority of a general licence granted under these Regulations must—

(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 an inspector or an officer of the Secretary of State, produce the consignment note and allow a copy or extract to be taken.

Licences granted outside England

5.  Except where otherwise directed by the Secretary of State and except in respect of a licence to obtain vaccine or a licence to vaccinate, licences granted in Scotland or Wales for activities which could be licensed in England under these Regulations have effect in England as if they were licences granted under these Regulations.

Declarations of zones

6.  Declarations of zones—

(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.

Premises straddling zones

7.—(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.

(1)

S.I. 1994/867 to which there are amendments not relevant to these Regulations.

(2)

S. I. 1998/463, to be replaced by S.I. 2008/ 944 made on 1st April 2008 and coming into force on 28th April 2008.

(3)

S. I. 2006/1471.

(4)

S.I. 2007/2539.