36. In Article 33—
(a)the existing paragraph becomes paragraph 1;
(b)in that paragraph—
[F1(i)for point (a) substitute “referred to in paragraph 1A;”;]
(ii)for point (b) substitute—
“(b)situated in—
[F2(i) a country or region that is not free from African horse sickness;]
(ii)a constituent territory of [F3Great Britain] that is not free of African horse sickness.”;
(c)after point (b), insert—
F4“(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F5(c)] subject to an order under section 1 of the Animal Health Act 1981 M1 preventing the introduction into or spreading of disease within Great Britain or any of the constituent territories of [F6Great Britain] F7....
[F81A. The holdings referred to in paragraph 1(a) are those where:
(a)equidae suspected of having contracted dourine are or have been located, unless it has been at least six months since the last actual or possible contact with a sick animal. This paragraph does not apply where the animal referred to in paragraph 1 has been castrated;
(b)equidae suffering from glanders or equine encephalomyelitis are or have been located, unless it has been at least six months since the day on which the equidae suffering from the disease in question was slaughtered;
(c)animals suffering from infectious anaemia are or have been located, unless the infected animals have been slaughtered and the remaining animals have shown a negative reaction to two Coggins tests carried out three months apart;
(d)cases of vesicular stomatitis have been recorded, unless it has been at least six months since the last recorded case;
(e)cases of rabies have been reported, unless it has been at least one month since the last recorded case;
(f)cases of anthrax have been reported, unless it has been at least 15 days since the last recorded case.
1B. If all the animals of a species susceptible to the disease located on the holding referred to in paragraph 1A have been slaughtered and the premises disinfected, the period referred to in paragraphs 1A(a) to (e) shall be 30 days, beginning on the day on which the animals were destroyed and the premises disinfected.]
2. For the purposes of paragraph 1(b)F9..., a constituent territory of the United Kingdom is not free of African horse sickness if—
(a)clinical, serological (in unvaccinated animals) or epidemiological evidence has revealed the presence of African horse sickness in that [F10country, region or constituent territory] in the past two years;
(b)vaccination against African horse sickness has been carried out in that [F10country, region or constituent territory] in the past 12 months.”.
Textual Amendments
F1Reg. 36(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 27(27)(a)(i)
F2Words in reg. 36(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 27(27)(a)(ii)(aa)
F3Words in reg. 36(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 27(27)(a)(ii)(bb)
F4Words in reg. 36(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 27(27)(b)(i)
F5Word in reg. 36(c) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 27(27)(b)(ii)(cc)
F6Words in reg. 36(c) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 27(27)(b)(ii)(aa)
F7Words in reg. 36(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 27(27)(b)(ii)(bb)
F8Words in reg. 36(c) inserted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 27(27)(b)(iii)
F9Word in reg. 36(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 27(27)(b)(iv)(bb)
F10Words in reg. 36(c) substituted (31.12.2020 immediately before IP completion day) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 27(27)(b)(iv)(aa)
Commencement Information
I1Reg. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
Marginal Citations