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The Disease Control (Interim Measures) (Wales) (No.2) (Amendment) Order 2003

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Welsh Statutory Instruments

2003 No. 168 (W.28)

ANIMALS, WALES

ANIMAL HEALTH

The Disease Control (Interim Measures) (Wales) (No.2) (Amendment) Order 2003

Made

30th January 2003

Coming into force

31st January 2003

The National Assembly for Wales and the Secretary of State, acting jointly in exercise of the powers conferred on them by sections 1, 8 and 83(2) of the Animal Health Act 1981(1), make the following Order:

Title, application and commencement

1.  This Order may be cited as the Disease Control (Interim Measures) (Wales) (No.2) (Amendment) Order 2003; it applies in relation to Wales only and comes into force on 31st January 2003.

Amendment of the Disease Control (Interim Measures) (Wales) (No.2) Order 2002

2.—(1) The Disease Control (Interim Measures) (Wales) (No.2) Order 2002(2) is amended in accordance with this article.

(2) In article 1, “1st April 2003” is substituted for “1st February 2003”.

(3) In article 3—

(a)after paragraph (2)(b)(xxi) the following is added—

(xxii)of an animal which is on a means of transport which enters premises to drop off other animals, provided that it has not left the means of transport while on the premises.;

(b)in paragraph (3)(g)(iv) the word “later” is substituted for the word “sooner”;

(c)for paragraph (3)(k) the following paragraph is substituted—

(k)an animal from its point of entry into the United Kingdom following its import from another Member State;.

(4) For article 8 the following article is substituted—

Cleansing and disinfection facilities

8.  Where animals are moved under a licence, the occupier of the premises which they are moved on to shall provide adequate facilities, equipment and materials for any cleansing and disinfection required by the licence.

Specific licences

8A.(1) An animal moved under a specific licence must—

(a)be moved by the most direct route available to the place of destination specified in the licence, and

(b)be accompanied throughout the movement by the licence.

(2) Every animal which is moved under the authority of a specific licence must be kept separate, throughout the movement, from any animal which is not being moved under the authority of that licence.

(3) The person in charge of any animal moved under a specific licence must, on demand made by a constable or by an inspector or other officer of the Secretary of State or of a local authority, produce the licence, and allow a copy thereof or an extract therefrom to be taken, and must also, if so required, furnish his or her name and address.

(4) Where animals are moved under a specific licence, then, unless the licence provides otherwise, the occupier of premises which they are moved on to must—

(a)ensure that he or she or his or her representative is given the licence before allowing the animals to be unloaded;

(b)in the case of a slaughterhouse, give a copy to the official veterinary surgeon; and

(c)keep the licence for six months and produce it to an inspector on request.

General licences

8B.  Where animals are moved under a general licence, and that licence requires the person moving the animals to have a movement document, the occupier of premises which they are moved on to must—

(a)ensure that he or she or his or her representative is given the top copy of the movement document before allowing the animals to be unloaded;

(b)complete the top copy to indicate that he or she has received the animals, sign it, and send it to the local authority without delay; and

(c)keep a copy of the completed document for six months.

Copies of licences

8C.  Where an inspector of a local authority issues a licence under article 3(1)(a), he or she must retain a copy of the licence for six months..

Signed on behalf of the National Assembly for Wales

D. Elis-Thomas

The Presiding Officer of the National Assembly

29th January 2003

Whitty

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

30th January 2003

Explanatory Note

(This note is not part of the Order)

This Order amends the Disease Control (Interim Measures) (Wales) (No.2) Order 2002 (S.I. 2002/2304 (W.229), as amended by S.I. 2002/2480 (W.243)).

It changes the date on which the Order ceases to have effect to 1st April 2003 (article 2(2)).

The Order changes the conditions relating to animals taken from premises in a means of transport which has dropped off other animals in those premises (article 2(3)(a)).

It corrects an error relating to the time within which a declaration has to be signed (article 2(3)(b)).

In the case of imported animals, it restricts the movements which do not trigger the standstill period to the movement to the first premises following importation (article 2(3)(c)).

It changes the provisions on specific licences, and makes new provision for movement documents where animals are moved under a general licence which requires a movement document (article 2(4)).

A regulatory appraisal has not been prepared for this Order.

(1)

1981 c. 22. Functions conferred under the 1981 Act on “the Ministers” (as defined in section 86 of that Act) were transferred so far as exercisable by the Secretary of State for Wales in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672). The function of “the Ministers” exercisable by the Secretary of State for Scotland were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999, S.I. 1999/3141. All functions of the Minister of Agriculture, Fisheries and Food were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

(2)

S.I. 2002/2304 (W.229), as amended by S.I. 2002/2480 (W.243).

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