The Bluetongue (Wales) Regulations 2008

PART 1 E+W Introduction

Title, application and commencement E+W

1.  The title of these Regulations is the Bluetongue (Wales) Regulations 2008; they apply in relation to Wales come into force on 26 April 2008.

Interpretation E+W

2.—(1) In these Regulations—

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

“control zone” (“parth rheoli”) means a zone referred to in regulation 12;

[F1 “inactivated vaccines” (“brechlynnau anweithredol”) means vaccines that are not live attenuated vaccines;]

“infected premises” (“mangre heintiedig”) means premises on which the existence of bluetongue has been confirmed;

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

[F1 “live attenuated vaccines” (“brechlynnau byw a wanhawyd”) means vaccines which are produced by adapting bluetongue virus field isolates through serial passages in tissue culture or in embryonated hens' eggs;]

“local authority” (“awdurdod lleol”) means in relation to an area the county council or county borough council for that area;

“midge” (“gwybedyn”) means an insect of the genus Culicoides;

“premises” (“mangre”) includes any place;

“vaccine” (“brechlyn”) means vaccine against bluetongue virus; and

“veterinary inspector” (“arolygydd milfeddygol”) means a person appointed as such by the Welsh Ministers 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.

Textual Amendments

F1 Words in reg. 2 inserted (10.10.2012) by The Bluetongue (Wales) (Amendment) Regulations 2012 (S.I. 2012/2403), regs. 1(3), 2(2)

Exemptions E+W

[F2 3.   These Regulations do not apply to—

(a) anything a person is authorised to do by licence granted under the Specified Animal Pathogens (Wales) Order 2008;

(b) administration of a vaccine for research purposes in accordance with an animal test certificate granted under the Veterinary Medicines Regulations 2011.]

Textual Amendments

F2 Reg. 3 substituted (10.10.2012) by The Bluetongue (Wales) (Amendment) Regulations 2012 (S.I. 2012/2403), regs. 1(3), 2(3)

Licences E+W

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, inspector or an officer of the Welsh Ministers, 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 a veterinary inspector, inspector or an officer of the Welsh Ministers, produce the consignment note and allow a copy or extract to be taken.

Licences granted outside Wales E+W

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

Declarations of zones E+W

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 E+W

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.

PART 2 E+W Suspected and confirmed bluetongue

Initial requirements where bluetongue is known or suspected E+W

8.—(1) The owner or keeper of any animal or carcase, or any person who examines or inspects any animal or carcase, who knows or suspects that the animal or carcase is infected with bluetongue, must—

(a) immediately notify the [F3 Welsh Ministers]; and

(b) not move any animal or carcase on or off the premises where the animal or carcase known to be or suspected of being diseased is located, except as authorised by an inspector.

(2) A person who analyses a sample taken from any animal or carcase and who finds evidence of antibodies to, or antigens or nucleic acids of, the bluetongue virus or any evidence of vaccination for bluetongue must immediately notify the [F4 Welsh Ministers].

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Words in reg. 8(1)(a) substituted (1.4.2010) by The Animals (Divisional Veterinary Managers) (Wales) Regulations 2010 (S.I. 2010/619), regs. 1, 6(3)

F4 Words in reg. 8(2) substituted (1.4.2010) by The Animals (Divisional Veterinary Managers) (Wales) Regulations 2010 (S.I. 2010/619), regs. 1, 6(3)

F5 Reg. 8(3) revoked (1.4.2010) by The Animals (Divisional Veterinary Managers) (Wales) Regulations 2010 (S.I. 2010/619), regs. 1, 6(2)

Suspected or infected premises E+W

9.—(1) An inspector who knows or suspects that the bluetongue virus exists on any premises must immediately serve a notice on the occupier or on the keeper of any animals on those premises requiring that—

(a) no animal, ovum, semen or embryo enters or leaves the premises;

(b) an inventory of all animals on the premises is made, recording, for each species—

(i) the number dead;

(ii) the number alive that appear to have bluetongue; and

(iii) the number alive which do not appear to have bluetongue;

(c) the inventory is kept up to date;

(d) all animals on the premises are kept indoors or as directed by an inspector;

(e) the premises and animals on them are subjected to the midge control measures specified in the notice.

(2) A veterinary inspector or an inspector acting under the direction of a veterinary inspector may also serve such a notice on the occupier of premises or the keeper of animals on those premises if the veterinary inspector suspects that animals on the premises have been exposed to the bluetongue virus.

(3) The person making the inventory must keep a record of it for at least two years.

Temporary control zones E+W

10.—(1) If an inspector suspects that the bluetongue virus exists on any premises, the Welsh Ministers may declare a temporary control zone.

(2) When a temporary control zone has been established in England which touches the border with Wales the Welsh Ministers may establish an associated temporary control zone in Wales.

(3) The location and size of the temporary control zone is to be such as the Welsh Ministers consider appropriate to prevent the spread of disease.

(4) Where a temporary control zone has been established, no person may move any animal on to or off premises in the zone except in accordance with a licence issued by a veterinary inspector.

(5) A temporary control zone ceases to exist in any area subsequently incorporated into a control zone or a restricted zone.

Confirmation of bluetongue on premises E+W

11.  Once a veterinary inspector is satisfied that bluetongue exists on any premises, the veterinary inspector may serve a notice on the occupier or the keeper of any animals on those premises—

(a) confirming the existence of bluetongue on the premises; and

(b) notifying the occupier that, notwithstanding regulation 8, it is unnecessary to notify any further suspected cases of bluetongue on the premises to the [F6 Welsh Ministers].

Textual Amendments

F6 Words in reg. 11(b) substituted (1.4.2010) by The Animals (Divisional Veterinary Managers) (Wales) Regulations 2010 (S.I. 2010/619), regs. 1, 6(3)

Measures on confirmation of the bluetongue virus E+W

12.—(1) If the Chief Veterinary Officer confirms that the bluetongue virus is circulating in Wales, the Welsh Ministers, on being satisfied on epidemiological, geographical, ecological or meteorological grounds that this is appropriate for disease control purposes, must declare an area to be a control zone.

(2) The control zone must include the infected premises, and be of such size as the Welsh Ministers consider appropriate for disease control purposes.

(3) No person may move an animal to or from premises in a control zone.

Restrictions in protection and surveillance zones E+W

13.—(1) If the Chief Veterinary Officer confirms that the bluetongue virus is circulating in Wales the Welsh Ministers—

(a) must declare an appropriate area to be a restricted zone;

(b) may, within a restricted zone, declare any area around an infected premises to be a protection zone, and any area beyond such protection zone to be a surveillance zone.

[F7 (1A) A surveillance zone declared by the Welsh Ministers must not contain any land where animals have been vaccinated with live attenuated vaccines against bluetongue within the last 12 months.

(1B) No person may vaccinate against bluetongue using live attenuated vaccine in a surveillance zone declared under this regulation.]

(2) No person may move an animal, semen, ovum or embryo out of a restricted zone except under the authority of a licence granted by an inspector.

(3) No person may move an animal out of a protection zone except under the authority of a licence granted by an inspector.

(4) An inspector must grant a licence if the movement is permitted under Commission Regulation (EC) No. 1266/2007 as amended from time to time, and the conditions of any licence must be such as to ensure that the movement is made in accordance with that Regulation.

(5) A person is prohibited from moving an animal within a restricted zone if the animal shows clinical signs of bluetongue on the day of transport.

Textual Amendments

F7 Reg. 13(1A)(1B) inserted (10.10.2012) by The Bluetongue (Wales) (Amendment) Regulations 2012 (S.I. 2012/2403), regs. 1(3), 2(4)

Slaughterhouses E+W

14.—(1) The Welsh Ministers may designate a slaughterhouse for the purpose of slaughtering animals transported out of a restricted zone.

(2) If an animal is transported from a restricted zone to a slaughterhouse outside that restricted zone in accordance with a licence, the operator of the slaughterhouse must slaughter the animal within 24 hours of arrival.

(3) The operator of a slaughterhouse in a surveillance zone may only slaughter an animal from a protection zone if licensed to do so by the Welsh Ministers.

Subsequent movement of animals E+W

15.  If an animal, semen, ovum or embryo that has been in a restricted zone is moved on to premises outside the restricted zone, an inspector may serve a notice on the occupier of those premises, and on the occupier of any premises to which the animal, semen, ovum or embryo is subsequently moved, prohibiting its movement from those premises except under the authority of a licence issued by an inspector.

Bluetongue outside Wales E+W

16.  If bluetongue is confirmed outside Wales and the Welsh Ministers consider it appropriate for disease control purposes, the Welsh Ministers may declare in Wales a temporary control zone, a control zone, a protection zone, a surveillance zone or a restricted zone (which may be made up of a protection zone and a surveillance zone).

[F8 PART 3 E+W Vaccination

Textual Amendments

F8 Pt. 3 substituted (10.10.2012) by The Bluetongue (Wales) (Amendment) Regulations 2012 (S.I. 2012/2403), regs. 1(3), 2(5)

Obtaining vaccine E+W

17.   No person other than the holder of a marketing authorisation, a manufacturing authorisation or a wholesale dealer’s authorisation granted by the Secretary of State under [F9 the Veterinary Medicines Regulations 2013] may obtain vaccine except for the purpose of enabling the use of vaccines under regulation 19.

Textual Amendments

F9 Words in reg. 17 substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 34

Prohibition on vaccination E+W

18.   No person may vaccinate an animal against bluetongue except in accordance with regulation 19.

Use of vaccines E+W

19.— (1) The Welsh Ministers may grant a specific or general licence permitting the use of inactivated or live attenuated vaccines against bluetongue in accordance with this regulation.

(2) The Welsh Ministers may declare a vaccination zone in which any occupier of premises or keeper of animals must ensure the vaccination of their animals with inactivated or live attenuated vaccines and comply with any other measures related to either vaccination or vaccine specified in that declaration.

(3) Where a zone is declared under paragraph (2), a veterinary inspector may serve a notice on the occupier of premises or the keeper of animals on premises requiring that occupier or keeper to ensure the vaccination with inactivated or live attenuated vaccines of animals at the premises.

[F10 (4) The Welsh Ministers may only grant a licence under paragraph (1) or declare a zone under paragraph (2) if the decision to use the vaccine is based on the result of a specific risk assessment carried out by the Welsh Ministers.]

(5) Whenever live attenuated vaccines are to be used, the Welsh Ministers must declare—

(a) a protection zone consisting of at least the vaccination area; and

(b) a surveillance zone extending beyond the limits of the protection zone in which no animals have been vaccinated with live attenuated vaccines against bluetongue within the last 12 months.

(6) No person may vaccinate against bluetongue using live attenuated vaccine in a surveillance zone declared under this regulation.]

Textual Amendments

F10 Reg. 19(4) substituted (31.12.2020) by The Exotic Diseases in Animals (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/371), regs. 1(2), 8; 2020 c. 1, Sch. 5 para. 1(1)

[F11 PART 3A E+W Exports

Textual Amendments

F11 Pt. 3A inserted (19.10.2011) by The Trade in Animals and Related Products (Wales) Regulations 2011 (S.I. 2011/2379), reg. 1, Sch. 4 para. 1 (with reg. 3)

19A.— (1) A person must not export any animal, semen, ovum or embryo to a third country unless it complies with Commission Regulation (EC) No. 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue. E+W

(2) An inspector who has reasonable cause to suspect that a person intends to export any animal, semen, ovum or embryo in contravention of this regulation may by notice served on that person, that person's representative or the person appearing to be in charge of the animal, semen, ovum or embryo, prohibit that export and require the person on whom the notice is served to take the animal, semen, ovum or embryo to such places as may be specified in the notice and to take such further action in relation to it as may be specified in the notice.

(3) If a notice served under paragraph (2) is not complied with, an inspector may seize any animal or thing to which it relates and arrange for the requirements of the notice to be complied with at the expense of the person on whom the notice was served.]

PART 4 E+W Inspection, offences and enforcement

Powers of veterinary inspectors, officers and inspectors E+W

20.—(1) On producing, if required, a duly authenticated document showing the required authority, a veterinary inspector, inspector or an officer of the Welsh Ministers acting under the direction of a veterinary inspector may, at all reasonable hours, enter any premises, vehicle or vessel for the purpose of monitoring or surveillance for the bluetongue virus, antibodies to the bluetongue virus or midges.

(2) On producing, if required, a duly authenticated document showing the required authority, a veterinary inspector, inspector or an officer of the Welsh Ministers may, at all reasonable hours, enter any premises, vehicle or vessel for the purpose of ensuring that these Regulations are being complied with.

(3) A person entering premises, a vehicle or a vessel under paragraphs (1) or (2) may take with him or her—

(a) any equipment; and

(b) such other person as is appropriate.

(4) Any person entering premises under paragraphs (1) or (2) may take a vehicle with him or her.

(5) A veterinary inspector, inspector or an officer of the Welsh Ministers may—

(a) detain, isolate of restrain any animal;

(b) require the detention, isolation or restraint of any animal;

(c) mark for identification purposes any animal, carcase or thing;

(d) detain or isolate any thing;

(e) require the detention or isolation of any thing;

(f) require any person who knows about an animal's movements to give details of those movements and of any other animal with which it has been in contact;

(g) require the occupier of premises or keeper of animals on those premises to give details of animals either on those premises or on other premises where the occupier or keeper has animals;

(h) require the production of any record kept under these Regulations, in whatever form that record is held;

(i) copy any record referred to in paragraph (f); or

(j) inspect and check the operation of any computer and associated apparatus or material used in the connection with the making and keeping of records under these Regulations.

(6) A veterinary inspector or an inspector or officer of the Welsh Ministers acting under the direction of a veterinary inspector may—

(a) examine any carcase or thing;

(b) require the treatment of any animal;

(c) carry out an epidemiological investigation relevant to the control of bluetongue;

(d) carry out tests and take samples (including blood samples) from any animal, carcase or thing for the purpose of diagnosis or epidemiological investigation;

(e) trap midges;

(f) implement midge control measures;

(g) require the destruction, burial, disposal or treatment of any thing; or

(h) require the cleansing and disinfection of any part of the premises or of any person, animal, vehicle, vessel or thing on the premises.

(7) A veterinary inspector may—

(a) on entering any premises, vehicle or vessel under this regulation, examine or vaccinate any animal;

(b) require, by notice, the occupier of premises or the keeper of animals on premises to —

(i) allow the vaccination of any animal kept there;

(ii) retain animals for use as sentinel animals or allow the introduction of sentinel animals onto those premises; or

(iii) move an animal which has been moved other than in accordance with regulations 13 or 15 to a place specified by the veterinary inspector;

(8) “Sentinel animal” (“anifail rhybuddio”) means an animal that is used for surveillance for the bluetongue virus which does not have antibodies to the bluetongue virus of the strain in respect of which surveillance is being carried out when first introduced or retained at the premises.

Obstruction E+W

21.—(1) No person may—

(a) intentionally obstruct any person acting in the execution of these Regulations; or

(b) furnish to any person acting in the execution of these Regulations any information which that person knows to be false or misleading.

(2) Any person required to give reasonable assistance or information to a person acting under these Regulations must do so without delay unless there is reasonable cause to do otherwise.

Interference with traps and marks E+W

22.  No person may—

(a) damage, interfere with or remove any traps set for midges under these Regulations; or

(b) deface, obliterate or remove any mark made by any person under these Regulations.

Costs of compliance E+W

23.  Unless the Welsh Ministers direct otherwise in writing, the costs incurred by any person in taking any action required, or in refraining from taking action that is prohibited, by or under these Regulations must be met by that person.

Powers of inspectors in case of default E+W

24.  If any person fails to comply with a requirement in or under these Regulations, an inspector may take such steps as that inspector considers necessary to ensure the requirement is met at the expense of that person.

Offences and penalties E+W

25.  A person contravening any requirement or prohibition in or under these Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment not exceeding three months or both.

Offences by bodies corporate E+W

26.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar person of the body corporate; or

(b) any person who was purporting to act in any such capacity,

that person is guilty of the offence as well as the body corporate.

(2) For the purposes of this regulation, “director” (“cyfarwyddwr”), in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Enforcement E+W

27.—(1) These Regulations are enforced by the local authority.

(2) The Welsh Ministers may direct, in relation to cases of a particular description or to particular cases, that the Welsh Ministers will enforce these Regulations instead.

PART 5 E+W Miscellaneous

Exceptional circumstances E+W

28.  The Welsh Ministers may for the purpose of ensuring the health or welfare of any animal—

(a) license a person to carry out any action that is otherwise prohibited under these Regulations; or

(b) exempt a person, by notice, from any requirement under these Regulations.

Revocation E+W

29.  The Bluetongue (No. 2) (Wales) Order 2007 M1 is revoked (except for article 17).

Marginal Citations

M1 S I. 2007/3309 (W.294).

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers