The Foot-and-Mouth Disease (Wales) Order 2006

Veterinary inquiry into the existence of disease and declaration of suspect and infected premises

12.—(1) The Chief Veterinary Officer must ensure that the presence or suspicion of infection or contamination is investigated in accordance with this article by a veterinary inspector as soon as is reasonably practicable.

(2) The Chief Veterinary Officer must ensure that the presence or absence of disease on every premises in a temporary control zone where susceptible animals are, or have within 56 days before the declaration of that zone, been kept, is investigated in accordance with this article by a veterinary inspector as soon as is reasonably practicable.

(3) The veterinary inspector investigating must take all steps he or she considers necessary to determine whether disease exists or has within 56 days before the commencement of the investigation, existed on the premises and the related circumstances. In particular he or she must ensure that any samples necessary for that determination are taken (but sampling will not be considered necessary on premises which the Chief Veterinary Officer considers to be epidemiologically linked with a primary source of disease for which samples have already been taken).

(4) The veterinary officer investigating may mark any animal, carcase or other thing liable to spread disease found on the premises.

(5) If the veterinary officer investigating considers it necessary to submit a serological sample for testing to determine whether disease exists or has within 56 days existed on the premises, he or she must declare the premises to be suspect premises.

(6) The veterinary officer investigating must communicate to the Chief Veterinary Officer his or her opinion as to whether disease exists or has within 56 days before the investigation, existed on any premises under inquiry.

(7) If his or her opinion is that disease exists or has within 56 days before the investigation, existed on any premises, the veterinary officer investigating must also communicate to the Chief Veterinary Officer his or her opinions on at least the following—

(a) the earliest date disease was present there;

(b) the origin of disease;

(c) any premises which may have been contaminated from the same origin;

(d) the extent to which animals other than bovine animals or swine may have been infected or contaminated;

(e) any premises to or from which disease may have been carried;

(f) any other premises which he or she suspects to be contaminated;

(g) whether any premises under inquiry comprise two or more separate production units because they comply with the criteria in sub-paragraph 2A(7) of Schedule 3 to the Act,

and in sub-paragraphs (c), (e) and (f), “premises” includes premises outside Wales.

(8) The Chief Veterinary Officer must consider and may confirm every opinion communicated to him or her under this article.

(9) If the Chief Veterinary Officer concludes after consideration of any opinion communicated to him or her under this article, that one or more of the criteria in Schedule 3 are satisfied in respect of any premises he or she must confirm disease there.

(10) If the Chief Veterinary Officer confirms disease at any premises the National Assembly must declare those premises to be infected premises.

(11) Declarations under this article must be by notice served on the occupier.

(12) An infected premises is an infected place for the purpose of the Act.