The African Horse Sickness (Wales) Regulations 2013

Welsh Statutory Instruments

2013 No. 1662 (W. 158)

Animals, Wales

Animal Health

The African Horse Sickness (Wales) Regulations 2013

Made

3 July 2013

Laid before the National Assembly for Wales

5 July 2013

Coming into force

31 July 2013

The Welsh Ministers are designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Union and make these Regulations in exercise of the powers conferred by that section.

PART 1 Introduction

Title, application and commencement

1.  These Regulations—

(a) are called the African Horse Sickness (Wales) Regulations 2013;

(b) apply in relation to Wales; and

(c) come into force on 31 July 2013.

Interpretation

2.—(1) In these Regulations—

“carcase” (“carcas”) means a carcase or part of a carcase of a horse, but does not include a sample taken from a carcase;

“Chief Veterinary Officer” (“Prif Swyddog Milfeddygol”) means the Chief Veterinary Officer for Wales;

“contact premises” (“mangre gyswllt”) means premises that have an epidemiological connection with infected premises, including those that due to their proximity to infected premises the Chief Veterinary Officer considers have an epidemiological connection with infected premises;

“equipment” (“cyfarpar”), except in regulation 29(8)(a), means any equipment that has been in contact with blood or other bodily fluids from a horse, including needles and surgical or dental equipment, unless that equipment has either been sterilised following such contact or is securely confined in a sharps container complying with British Standard 7320(3) (or equivalent standard);

“genetic material” (“deunydd genetig”) means any semen, ovum or embryo of a horse;

“horse” (“ceffyl”) means any animal of the family Equidae and includes crossings of those animals;

“infected premises” (“mangre heintiedig”) means premises that have been declared to be infected premises under regulation 9(8) or 10(7);

“inspector” (“arolygydd”) and “veterinary inspector” (“arolygydd milfeddygol”) mean persons appointed as such for the purposes of the Animal Health Act 1981(4);

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

“suspect premises” (“mangre dan amheuaeth”) means premises that have been designated as suspect premises under regulation 8(2);

“vector” (“fector”) means an insect of the genus Culicoides or any other species of arthropod capable of transmitting African horse sickness virus.

(2) In these Regulations, a reference to a notified horse or carcase is a reference to a horse or a carcase (as the case may be) which is the subject of a notification given under regulation 5(1).

References to occupier and additional obligations

3.—(1) In these Regulations—

(a) a reference to an occupier of premises includes a reference to a person who has ownership or charge of a horse on the premises;

(b) the main occupier of premises is the person who has overall responsibility for the premises.

(2) Any notice required or authorised under these Regulations—

(a) to be served on the main occupier of premises may be served on any person appearing to the person serving the notice to be the main occupier;

(b) to be served on any other occupier of premises may be served on any person appearing to the person serving the notice to be that occupier.

(3) Where a notice has been served on a person referred to in paragraph (2), any reference in these Regulations to the main occupier or, as the case may be, any other occupier of the premises includes a reference to that person.

(4) Where the main occupier of premises is required to comply with any obligation under or by virtue of these Regulations, any other occupier of the premises must give the main occupier such assistance as is reasonably required to enable such compliance.

(5) Where the main occupier of premises has been served with a notice under these Regulations, the main occupier must take reasonable steps to inform (orally or otherwise) any other occupier of the premises and any other person entering the premises of any restrictions on the movement to or from the premises of any horse, carcase, equipment or genetic material arising from the service of the notice.

(6) A notice required or authorised under these Regulations to be served on the main occupier of premises may (in addition to it being served on the main occupier) be served on any other occupier of the premises.

Exemptions

4.  These Regulations do not apply—

(a) to anything done under the terms of a licence granted under the Specified Animal Pathogens (Wales) Order 2008(5), or

(b) at any border inspection post within the meaning of, and for so long as it remains approved for the purposes of, regulation 11 of the Trade in Animals and Related Products (Wales) Regulations 2011(6).

PART 2 Notification of suspicion of African horse sickness

Notification requirements

5.—(1) Any person who suspects that a horse or carcase is infected with African horse sickness virus must immediately notify the Welsh Ministers.

(2) Any person who examines a sample taken from a horse or carcase and who—

(a) suspects that the horse or carcase is infected with African horse sickness virus, or

(b) detects evidence of antibodies to, or antigens of, that virus,

must immediately notify the Welsh Ministers.

(3) But paragraphs (1) and (2) are subject to paragraph (5).

(4) A veterinary inspector may serve a notice on any occupier of infected premises indicating that any further suspected cases of African horse sickness virus on those premises need not be notified to the Welsh Ministers for so long as the notice remains in force.

(5) Where a notice has been served under paragraph (4)—

(a) paragraph (1) does not apply in relation to any horse or carcase on the infected premises, and

(b) paragraph (2) does not apply in relation to any sample taken from a horse or carcase on the infected premises,

for so long as the notice remains in force.

(6) Unless earlier revoked by a veterinary inspector, a notice served under paragraph (4) ceases to be in force when the notice declaring the premises to be infected premises served under regulation 9(8) or 10(7) (as the case may be) is revoked by a veterinary inspector or by virtue of regulation 13(2).

PART 3 Suspicion and confirmation of African horse sickness

Scope of Part 3

6.  This Part does not apply in relation to slaughterhouses or non-captive horses.

Initial controls following notification

7.—(1) This regulation applies where the Welsh Ministers receive a notification under regulation 5(1) and a veterinary inspector considers that further investigation relating to the possible presence of African horse sickness virus is necessary.

(2) A veterinary inspector must inform (orally or otherwise) the person who gave the notification that further investigation is necessary.

(3) Where that person has been so informed, the controls in paragraph (7) apply in relation to the premises where the notified horse or carcase (as the case may be) is located.

(4) Where those premises are not the premises where the notified horse is normally kept or, in the case of a notified carcase, the horse before it died was normally kept, a veterinary inspector may also inform (orally or otherwise) the main occupier of those other premises that further investigation is necessary.

(5) Where that main occupier has been so informed, the controls in paragraph (7), other than in sub-paragraph (a)(i), apply in relation to those other premises.

(6) A veterinary inspector—

(a) must go to the premises where the notified horse or carcase is located and examine that horse or carcase, and may examine any other horse or carcase there;

(b) where paragraph (4) applies, may go to those other premises and examine any horse or carcase there.

(7) The controls are that—

(a) any person in possession or charge of a notified horse or carcase must ensure that—

(i) the notified horse or carcase is not moved from the premises where it is located,

(ii) no equipment or genetic material is moved from the premises,

(iii) no other horse or carcase is moved from or to the premises, except that any horse normally kept at the premises may return there; and

(b) if required by a veterinary inspector and to the extent that it is practicable to do so the main occupier must ensure that—

(i) all horses are moved away from any part of the premises where most vectors are likely to be present;

(ii) areas which may be breeding grounds for vectors are identified and any available vector control measures directed by a veterinary inspector are implemented.

(8) The controls imposed under this regulation continue to apply until—

(a) a veterinary inspector confirms (orally or otherwise) to any occupier of the premises that the presence of African horse sickness virus on the premises is not suspected, or

(b) the premises become suspect premises(7).

Imposing measures on suspicion of disease

8.—(1) This regulation applies where an inspector suspects that a horse or carcase that is or has been infected with African horse sickness virus is or has been on any premises (whether following a notification under regulation 5(1) or otherwise).

(2) The inspector may serve a notice on the main occupier designating those premises as suspect premises, at which point the measures in the Schedule have effect(8).

(3) Such a notice served in relation to contact premises must specify that the premises are contact premises.

(4) A notice served under paragraph (2) may require the main occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.

(5) Where a notice has been served under paragraph (2) a veterinary inspector must—

(a) as far as is reasonably practicable assess places likely to facilitate the survival of the vectors, or to accommodate them, and the practicality of using appropriate vector control measures in such places;

(b) begin an epidemiological inquiry to try to establish at least—

(i) the length of time that African horse sickness virus may have existed in horses on the premises,

(ii) the origin of that virus,

(iii) the identification of other premises on which there are horses which may have become infected,

(iv) the presence and distribution of vectors,

(v) the movement of any horse to or from the premises or any carcases removed from them, and

(vi) the possibility that non-captive horses may be involved in the spread of the virus,

and continue the inquiry until these matters have been established so far as is practicable or the possible presence of African horse sickness virus has been discounted.

Measures following suspicion – premises other than contact premises

9.—(1) This regulation applies where premises, other than contact premises, are designated as suspect premises.

(2) A veterinary inspector must take all reasonable steps to establish whether or not African horse sickness virus is present.

(3) For the purposes of paragraph (2), a veterinary inspector may, if the Chief Veterinary Officer considers it necessary, take and have tested—

(a) samples from any horse or carcase that is, or has previously been, on the premises,

(b) environmental samples from the premises.

(4) If the Chief Veterinary Officer is satisfied following the steps referred to in paragraph (2) that it is no longer appropriate for the premises to remain designated as suspect premises, a veterinary inspector must revoke the notice served under regulation 8(2).

(5) Where that notice is revoked, the measures in the Schedule cease to have effect, except for the purposes of paragraph 1(4)(a) of that Schedule (duty to keep records for six months following revocation of notice).

(6) If the Chief Veterinary Officer is satisfied following tests under this regulation that there are seropositive horses on the premises a veterinary inspector must continue to monitor as appropriate horses on the premises, and may take further samples and have them tested.

(7) Paragraph (8) applies if the Chief Veterinary Officer is satisfied as a result of any test carried out under this regulation or any clinical signs in any horse on the premises that African horse sickness virus is present in a horse or carcase or on the premises.

(8) Where this paragraph applies, a veterinary inspector must serve a notice on the main occupier declaring the premises to be infected premises(9).

(9) Where a notice has been served under paragraph (8), the measures in the Schedule continue to have effect.

(10) The notice served under paragraph (8) may require the main occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.

(11) If the Chief Veterinary Officer considers it necessary to reduce the risk of spread of African horse sickness virus, the notice served under paragraph (8) may require measures additional to those in the Schedule and paragraph (10).

Measures following suspicion – contact premises

10.—(1) This regulation applies where contact premises are designated as suspect premises.

(2) If any horse on the premises shows clinical signs of African horse sickness during the relevant period, a veterinary inspector—

(a) must take samples from it and have them tested, and

(b) may take samples from any other horse or carcase on the premises and have them tested.

(3) If no horse on the premises shows clinical signs of African horse sickness a veterinary inspector—

(a) must monitor as appropriate all horses on the premises until the end of the relevant period, and

(b) may take samples from any horse or carcase on the premises and have them tested.

(4) If no horse on the premises has shown clinical signs of African horse sickness at any time during the relevant period and the Chief Veterinary Officer is satisfied following any tests under this regulation that it is no longer appropriate for the premises to remain designated as suspect premises, a veterinary inspector must revoke the notice served under regulation 8(2).

(5) Where that notice is revoked, the measures in the Schedule cease to have effect, except for the purposes of paragraph 1(4)(a) of that Schedule.

(6) Paragraph (7) applies where the Chief Veterinary Officer is satisfied as a result of—

(a) any test carried out under this regulation,

(b) any clinical signs in any horse on the premises, or

(c) any epidemiological connection to infected premises,

that African horse sickness virus is present in a horse or carcase or on the premises.

(7) Where this paragraph applies, a veterinary inspector must serve a notice on the main occupier declaring the premises to be infected premises(10).

(8) Where a notice has been served under paragraph (7), the measures in the Schedule continue to have effect.

(9) The notice served under paragraph (7) may require the main occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.

(10) If the Chief Veterinary Officer considers it necessary to reduce the risk of spread of African horse sickness virus the notice may require measures additional to those in the Schedule and paragraph (9).

(11) In this regulation, “the relevant period” (“y cyfnod perthnasol”) is the period determined by the Chief Veterinary Officer to be necessary for establishing whether or not African horse sickness is present in a horse or carcase on the premises.

Powers to prevent horses from being brought onto other premises

11.—(1) This regulation applies where premises are infected premises and the Chief Veterinary Officer considers that due to the risk of African horse sickness virus spreading it is appropriate to prevent horses from being brought onto other premises.

(2) An inspector may serve a notice on the main occupier of those other premises imposing the prohibition in paragraph (3).

(3) The prohibition is that no person may move any horse onto the premises for such period as may be specified in the notice, except under the authority of a licence granted by a veterinary inspector.

(4) The notice may require the main occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.

(5) A veterinary inspector must revoke any notice served under paragraph (2) if satisfied, having regard to the epidemiological risk, that the prohibition is no longer necessary to reduce the risk of the spread of African horse sickness virus.

Killing horses on infected premises and contact premises and disposal of carcases

12.—(1) Paragraph (2) applies in relation to horses—

(a) on suspect premises that are contact premises,

(b) on infected premises.

(2) The Welsh Ministers may arrange for the killing of all horses which are infected with African horse sickness virus or which present clinical signs of African horse sickness.

(3) If any horse is killed under paragraph (2) the Welsh Ministers—

(a) must arrange for the disposal of its carcase, and

(b) may arrange for the disposal of the carcase of any other horse that has died on those premises.

(4) The Welsh Ministers must ensure that any such disposal is carried out in such a way as to avoid the risk of spread of African horse sickness virus.

Revocation of notices declaring premises to be infected premises

13.—(1) A veterinary inspector must not revoke a notice declaring premises to be infected premises unless the Chief Veterinary Officer is satisfied that there is minimal risk of further infection from those premises.

(2) If not earlier revoked by a veterinary inspector, a notice declaring premises to be infected premises is revoked when the premises to which the notice relates cease to be within any zone declared under Part 6.

(3) Where a notice declaring premises to be infected premises is revoked by a veterinary inspector or by virtue of paragraph (2), the measures in the Schedule cease to have effect, except for the purposes of paragraph 1(4)(a) of that Schedule.

PART 4 Slaughterhouses

Imposition of initial controls at slaughterhouses

14.—(1) This regulation applies—

(a) where—

(i) the Welsh Ministers have been notified under regulation 5(1) that it is suspected that a horse or carcase at a slaughterhouse is infected with African horse sickness virus, and

(ii) a veterinary inspector considers that further investigation relating to the possible presence of African horse sickness virus is necessary; or

(b) where for any other reason a veterinary inspector considers that further investigation relating to the possible presence of African horse sickness virus at a slaughterhouse is necessary.

(2) Where paragraph (1)(a) applies, a veterinary inspector must inform (orally or otherwise) the person who gave the notification that further investigation is necessary, and the controls in paragraph (5) then apply.

(3) A veterinary inspector must go to the slaughterhouse and examine the notified horse or carcase, and may examine any other horse or carcase there as the veterinary inspector considers appropriate.

(4) Where paragraph (1)(b) applies, a veterinary inspector may by notice served on the person in charge of the slaughterhouse impose the controls in paragraph (5).

(5) The controls are that the person in charge of the slaughterhouse must ensure that—

(a) no horse or carcase is moved from the slaughterhouse,

(b) any notified horse and any other horse from the same premises as the notified horse is not slaughtered unless authorised to do so by a veterinary inspector, and

(c) if any notified horse or any horse from the same premises as a notified horse has already been, or is subsequently, slaughtered or has died, its carcase is specifically identified and retained at the slaughterhouse until a veterinary inspector has examined it, and taken samples if considered necessary.

Action following examination

15.—(1) This regulation applies where a veterinary inspector has acted under regulation 14(3).

(2) If a veterinary inspector is satisfied that African horse sickness virus does not exist in any horse or carcase at the slaughterhouse a veterinary inspector must confirm this (orally or otherwise) to the person in charge of the slaughterhouse.

(3) If the presence of African horse sickness virus cannot be ruled out, a veterinary inspector—

(a) may by notice served on the person in charge of the slaughterhouse vary the controls applicable under regulation 14(2) or imposed by notice under regulation 14(4),

(b) may take samples and test them to establish the presence of that virus at the slaughterhouse(11).

(4) If the Chief Veterinary Officer is satisfied that tests carried out under this regulation demonstrate that African horse sickness virus is not present in the slaughterhouse a veterinary inspector must confirm this (orally or otherwise) to the person in charge of the slaughterhouse.

(5) Paragraph (6) applies where the Chief Veterinary Officer is satisfied as a result of—

(a) any test carried out under this regulation, or

(b) any clinical signs in any horse at the slaughterhouse or any other premises where any horse at the slaughterhouse has recently been,

that African horse sickness virus is present in a horse or carcase at the slaughterhouse.

(6) Where this paragraph applies, the Welsh Ministers must ensure that all carcases of infected horses are disposed of in such a way as to avoid the risk of spread of African horse sickness virus(12).

(7) Where confirmation is given under paragraph (2) or (4), or following the disposal of carcases under paragraph (6)—

(a) any controls applicable under regulation 14(2) (and, where applicable, as varied under paragraph (3)(a)) cease to have effect,

(b) any notice served under regulation 14(4) (and, where applicable, as varied under paragraph (3)(a)) is revoked.

PART 5 Non-captive horses

Suspicion relating to non-captive horses

16.—(1) This regulation applies where a veterinary inspector suspects that a non-captive horse may be infected with African horse sickness virus.

(2) A veterinary inspector must take all reasonable steps to establish whether or not that suspicion is correct.

(3) Where a veterinary inspector concludes that African horse sickness virus is likely to be present in such a horse the Welsh Ministers must take such steps as the Welsh Ministers consider appropriate (which may include the declaration of an infection zone under regulation 19) to reduce the risk of that virus spreading to other horses.

(4) For the purposes of paragraph (3), a veterinary inspector may by notice served on the main occupier of premises impose restrictions on the movement of horses or impose such other measures in relation to those premises that the Chief Veterinary Officer considers necessary.

(5) The steps referred to in paragraph (2) or (3) need not be taken if the Welsh Ministers are satisfied that taking those steps is not likely to reduce the risk of African horse sickness virus spreading.

(6) A veterinary inspector and, when acting under the direction of a veterinary inspector, an inspector, another officer of the Welsh Ministers or any other person with the necessary expertise may enter any premises (except any premises used wholly or mainly as a private dwelling house) to—

(a) undertake surveillance of non-captive horses;

(b) capture and detain them;

(c) vaccinate them;

(d) take samples from them;

(e) kill them if the Chief Veterinary Officer is satisfied that it is necessary for the control of African horse sickness, and in particular if—

(i) it is not reasonably practicable to take samples from them without killing them;

(ii) it is not reasonably practicable to detain them pending the results of any testing or sampling; or

(iii) they are spreading or may spread African horse sickness virus or are at risk of acquiring African horse sickness virus.

(7) A justice of the peace may by signed warrant permit a veterinary inspector and, when acting under the direction of a veterinary inspector, a person referred to in paragraph (6), to enter any premises, if necessary by reasonable force, if the justice, on sworn information in writing, is satisfied—

(a) that there are reasonable grounds to enter those premises for the purpose of executing or enforcing these Regulations; and

(b) that any of the conditions in paragraph (8) are met.

(8) The conditions are—

(a) entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;

(b) asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

(c) entry is required urgently; or

(d) the premises are unoccupied or the occupier is temporarily absent.

(9) A warrant is valid for three months.

(10) A person entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

PART 6 Area controls

Temporary movement restriction zone

17.—(1) This regulation applies where premises are suspect premises or where a veterinary inspector has taken samples under regulation 15(3) from a horse or carcase at a slaughterhouse.

(2) Where the Welsh Ministers consider it necessary to reduce the risk of spread of African horse sickness virus, a temporary movement restriction zone may be declared by the Welsh Ministers around the suspect premises or the slaughterhouse (as the case may be).

(3) The temporary movement restriction zone must be of such size as the Welsh Ministers consider necessary having regard to the risk of spread of African horse sickness virus.

(4) Within the temporary movement restriction zone no person may move any horse or carcase to or from premises or any equipment or genetic material off premises, except under the authority of a licence granted by a veterinary inspector.

(5) If the Welsh Ministers consider it necessary to reduce the risk of spread of African horse sickness virus, the Welsh Ministers may in the declaration of the temporary movement restriction zone impose any other measures.

Control zone, protection zone and surveillance zone

18.—(1) This regulation applies where premises are infected premises or where tests under regulation 15 indicate the existence of African horse sickness virus in a horse or carcase at a slaughterhouse.

(2) The Welsh Ministers may declare a control zone, and in addition may declare a protection zone and surveillance zone, around the infected premises or the slaughterhouse (as the case may be).

(3) The control zone must have a radius of at least 20 kilometres, the protection zone must have a radius of at least 100 kilometres and the surveillance zone must have a radius of at least 150 kilometres, each centred on the part of the premises that the Welsh Ministers consider most appropriate for disease control.

(4) The Welsh Ministers must ensure that within those zones—

(a) premises that contain horses are identified as far as is reasonably practicable and without unduly diverting resources from preventing the spread of disease,

(b) a veterinary inspector visits in a systematic way as directed by the Chief Veterinary Officer any such identified premises, and—

(i) inspects and as necessary examines the horses; and

(ii) collects and tests such samples as the Chief Veterinary Officer considers necessary.

(5) The Schedule sets out measures that apply in relation to premises in a control zone.

(6) When the control zone is revoked, the measures in the Schedule cease to have effect, except for the purposes of paragraph 1(4)(a) of that Schedule.

(7) No person may move any horse, or any semen, ovum or embryo of a horse—

(a) out of a protection zone, or

(b) out of a surveillance zone to an area outside any zone,

except under the authority of a licence granted by a veterinary inspector.

(8) No person may move from premises within a protection zone or a surveillance zone—

(a) any ass, donkey, zebra, mule or other hybrid of these except under the authority of a licence granted by a veterinary inspector;

(b) any other horse that shows clinical signs of African horse sickness on the day of the proposed move.

(9) The Welsh Ministers may declare that any other measure considered necessary to reduce the risk of spread of African horse sickness virus applies in respect of the whole or any part of the control zone, protection zone or surveillance zone.

Infection zones

19.—(1) This regulation applies where a veterinary inspector concludes that African horse sickness virus is likely to be present in a non-captive horse.

(2) The Welsh Ministers may declare an infection zone of such size as the Welsh Ministers consider necessary to reduce the risk of spread of African horse sickness virus.

(3) The Welsh Ministers may declare—

(a) restrictions on the movement of horses into or out of the infection zone;

(b) that any other measure considered necessary to reduce the risk of spread of African horse sickness virus applies in respect of the whole or any part of the infection zone.

Declaration of zones where African horse sickness suspected or confirmed outside Wales

20.—(1) This regulation applies where—

(a) the presence of African horse sickness virus is suspected or officially confirmed for the purposes of Council Directive 92/35/EEC laying down control rules and measures to combat African horse sickness(13) outside Wales, and

(b) the Welsh Ministers consider that there is a risk of spread of African horse sickness virus to Wales.

(2) The Welsh Ministers may declare in Wales any of the following—

(a) a temporary movement restriction zone;

(b) a control zone;

(c) a protection zone;

(d) a surveillance zone;

(e) an infection zone.

(3) Any zone declared under this regulation must be of such size as the Welsh Ministers consider necessary to reduce the risk of spread of African horse sickness virus.

(4) Regulations 17(4) and (5), 18(5) to (9) and 19(3) apply to any zone declared under this regulation as if it were a zone declared under regulation 17, 18 or 19 (as applicable).

Declaration of zones

21.—(1) A declaration of a zone under these Regulations—

(a) must be in writing;

(b) must designate the extent of the zone being declared;

(c) may be amended or revoked by further declaration at any time.

(2) Unless the Welsh Ministers state otherwise in any declaration of a zone, any movement which is prohibited but has already started when such a declaration comes into force may be completed.

(3) Any person on whom a restriction or other measure is imposed by virtue of a declaration under regulation 17(5), 18(9), or 19(3) must comply with it.

(4) In deciding to amend or revoke any declaration of a zone, the Welsh Ministers must have regard to the epidemiological situation and the measures necessary to control the spread of African horse sickness virus.

Premises straddling zones

22.—(1) Premises partly inside and partly outside a temporary movement restriction zone declared under regulation 17 or 20 are treated as being inside the temporary movement restriction zone.

(2) Premises partly inside and partly outside a control zone declared under regulation 18 or 20 are treated as being inside the control zone.

(3) Premises partly inside and partly outside a protection zone declared under regulation 18 or 20 in an area other than in a control zone are treated as being inside the protection zone.

(4) Premises partly inside a surveillance zone declared under regulation 18 or 20 and partly in an area other than a protection zone are treated as being inside the surveillance zone.

(5) Premises partly inside and partly outside an infection zone declared under regulation 19 or 20 are treated as being inside the infection zone.

Publicity

23.  The Welsh Ministers must publicise—

(a) the extent of any zone declared under these Regulations;

(b) the nature of the restrictions and requirements relating to that zone; and

(c) the dates of the declaration and ending of that zone.

PART 7 Vaccination

Prohibition on vaccination except in certain cases

24.  No person may vaccinate a horse against African horse sickness except in accordance with these Regulations or under the authority of a licence granted by a veterinary inspector.

Compulsory vaccination

25.—(1) The Welsh Ministers may declare a vaccination zone, other than in a surveillance zone.

(2) Where a vaccination zone has been declared, any occupier of premises inside that zone must ensure the vaccination of horses on their premises in accordance with that declaration, but this is subject to paragraph (4).

(3) Premises partly inside and partly outside a vaccination zone are treated as being inside that zone.

(4) A veterinary inspector may serve a notice on any person in possession or charge of a horse, other than one kept in a surveillance zone, requiring that person to vaccinate the horse in accordance with the notice (whether or not a vaccination zone has been declared under paragraph (1)).

Vaccinated horses

26.—(1) The person in possession or charge of a horse that has been vaccinated against African horse sickness must ensure that the horse is identified by way of a microchip and a record of such horse having been vaccinated is kept.

(2) No person may move a vaccinated horse from the premises where it was vaccinated until at least 60 days have elapsed since—

(a) the date of the vaccination, or

(b) if the vaccination includes a course of doses, the date of the final dose,

except under the authority of a licence granted by a veterinary inspector.

PART 8 Inspection, enforcement and miscellaneous provisions

Notices

27.—(1) Any notice served or given under these Regulations must be in writing and may be amended, suspended or revoked in writing at any time.

(2) A notice may be served on or given to a person by—

(a) personal delivery;

(b) leaving it at the person’s proper address; or

(c) sending it by post or by electronic means to the person’s proper address.

(3) In the case of a body corporate, a notice may be served on or given to an officer of that body.

(4) In the case of a partnership, a notice may be served on or given to a partner or a person having control or management of the partnership business.

(5) In the case of an unincorporated association, a notice may be served on or given to an officer of the association.

(6) For the purposes of this regulation and section 7 of the Interpretation Act 1978(14) (service of documents by post) in its application to this regulation, “proper address” (“cyfeiriad cywir”) means—

(a) in the case of a body corporate or an officer of that body—

(i) the registered or principal office of that body, or

(ii) the email address of the officer;

(b) in the case of a partnership or a partner or person having control or management of the partnership business—

(i) the principal office of the partnership, or

(ii) the email address of a partner or a person having that control or management;

(c) in the case of an unincorporated association or an officer of the association—

(i) the office of the association, or

(ii) the email address of the officer;

(d) in any other case, a person’s last known address, which includes an email address.

(7) For the purposes of paragraph (6), the principal office of a body corporate registered outside the United Kingdom or of a partnership established outside the United Kingdom is its principal office in the United Kingdom.

(8) If the name or address of any occupier of premises on whom a notice is to be served or given under these Regulations cannot, after reasonable inquiry, be ascertained, the notice may be served by leaving it conspicuously affixed to a building or object on the premises.

(9) A person must comply with the terms of any notice served under these Regulations.

(10) In this regulation—

“body corporate” (“corff corfforaethol”) includes a limited liability partnership;

“director” (“cyfarwyddwr”), in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;

“officer” (“swyddog”), in relation to a body corporate, means any director, manager, secretary or other similar officer of the body corporate;

“partnership” (“partneriaeth”) does not include a limited liability partnership.

Licences

28.—(1) A licence granted under these Regulations must be in writing and may be—

(a) general or specific;

(b) subject to conditions; and

(c) amended, suspended or revoked in writing at any time.

(2) A person moving any horse, equipment or genetic material under the authority of a specific licence must—

(a) carry the licence or a copy of it at all times during the movement, and

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

(3) Where a licence is required or authorised under these Regulations to be granted by a veterinary inspector, it may also be granted by an inspector acting under the direction of a veterinary inspector.

(4) A person moving any horse, equipment or genetic material under the authority of a general licence must—

(a) carry, at all times during the movement, a document containing details of—

(i) what is being transported, including the quantity,

(ii) the date of the movement,

(iii) the name of the person responsible for the horse or equipment at both the place of departure and at the place of destination,

(iv) the address of the place of departure and of the destination;

(b) on demand by an inspector or other officer of the Welsh Ministers, produce the document and allow a copy or extract to be taken; and

(c) keep the document for at least six months.

(5) If any horse, equipment or genetic material has been moved to premises under a licence, a veterinary inspector may serve a notice on any occupier of the premises of destination imposing such movement restrictions on those premises as are necessary to prevent the risk of spreading African horse sickness virus.

(6) Except where otherwise directed by the Welsh Ministers, licences granted in England or Scotland for activities which could be licensed in Wales under these Regulations have effect in Wales as if they were licences granted under these Regulations, and the provisions of this regulation apply accordingly.

Powers of inspectors

29.—(1) An inspector may, on producing a duly authenticated authorisation if requested, enter any premises, vehicle, vessel or trailer (except any premises used wholly or mainly as a private dwelling house) at any reasonable hour for the purpose of executing or enforcing these Regulations.

(2) A justice of the peace may by signed warrant permit an inspector to enter any premises, if necessary by reasonable force, if the justice, on sworn information in writing, is satisfied—

(a) that there are reasonable grounds to enter those premises for the purpose of executing or enforcing these Regulations; and

(b) that any of the conditions in paragraph (3) are met.

(3) The conditions are—

(a) entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;

(b) asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

(c) entry is required urgently; or

(d) the premises are unoccupied or the occupier is temporarily absent.

(4) A warrant is valid for three months.

(5) An inspector entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

(6) An inspector entering any premises, vehicle, vessel or trailer may—

(a) inspect any horse or thing there;

(b) take samples;

(c) seize and destroy any equipment or genetic material;

(d) detain or isolate any animal or thing;

(e) mark or microchip for identification purposes any animal or thing;

(f) carry out any inquiries, examinations and tests;

(g) undertake surveillance for vectors and implement vector control measures (including the introduction of any sentinel horse);

(h) have access to, inspect and copy any documents or records (in whatever form they are held) relevant to these Regulations, and remove them to enable them to be copied;

(i) inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with records;

(j) require by notice served on the occupier of the premises—

(i) any animal to be marked or microchipped for identification purposes;

(ii) any animal or thing (including a vehicle or trailer) to be moved to a specified destination or to be moved to or kept in a particular part of the premises;

(iii) the undertaking of surveillance for the presence of insects;

(iv) the implementation of such vector control measures as the inspector considers practical and necessary;

(v) horses to be retained for use as sentinel horses or sentinel horses to be introduced onto those premises.

(7) Where an inspector has entered any premises, vehicle, vessel or trailer and it is not reasonably practicable to determine whether documents on those premises are relevant to these Regulations, the inspector may seize them to ascertain whether or not they are relevant.

(8) The inspector may—

(a) take any necessary equipment, sentinel horse or vehicle on to the premises;

(b) be accompanied by—

(i) such other persons as the inspector considers necessary, and

(ii) any representative of the European Commission.

(9) Any power or obligation to take a sample and test it includes a power to—

(a) re-test the sample, and

(b) take further samples (from the animals or carcases subject to that power or, in the case of environmental samples, take further environmental samples) and test and re-test those samples.

(10) In this regulation, a sentinel horse is a horse used for surveillance for African horse sickness virus which does not have antibodies to that virus when introduced to or retained at the premises for that purpose.

Notice following a contravention on movement

30.—(1) If a horse has been moved to any premises in contravention of any provision of these Regulations or any licence or notice served under these Regulations, an inspector may serve a notice on the main occupier of those premises requiring—

(a) that horse, or any other horse on the premises, to be detained on the premises, or

(b) any horse on the premises to be moved to other premises specified in the notice.

(2) If a horse has been moved to other premises under such a notice, an inspector may serve a notice on any occupier of those other premises imposing such movement restrictions relating to horses on those premises as the inspector considers necessary to reduce the risk of spreading African horse sickness virus.

Change of main occupier of premises under restriction – access for welfare purposes

31.  If there is a change of main occupier of premises under any restriction under these Regulations, the new main occupier must allow the owner of any horse on the premises, or any person acting on behalf of the owner, to enter the premises to feed or otherwise attend to the welfare of the horse during the period of restriction and for seven days following its end.

Powers of inspectors in case of default

32.  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.

Compensation for horses killed and things seized

33.—(1) The Welsh Ministers, in accordance with this regulation—

(a) may pay compensation for any horse killed under regulation 12 or 16(6)(e);

(b) must pay compensation for anything seized under these Regulations, unless it is returned.

(2) No compensation is payable for a horse that, at the time it was killed, was affected with African horse sickness.

(3) The amount of any compensation payable under paragraph (1)(a)—

(a) subject to sub-paragraph (b), is the value of the horse immediately before it was killed;

(b) may not in any case exceed £2500 for any horse.

(4) The amount of any compensation payable under paragraph (1)(b)—

(a) subject to sub-paragraph (b), is the value of the thing seized at the time of its seizure;

(b) in the case of any genetic material coming from the same horse, may not in any case exceed £2500 (regardless of the nature or number of items of genetic material seized).

(5) The value of the horse or thing seized (as the case may be) is—

(a) the amount determined in writing by the Welsh Ministers (“the Welsh Ministers’s valuation”), or

(b) where the determination of the value has been referred to an appointed valuer under paragraph (6), the amount determined in writing by that valuer instead.

(6) If—

(a) the Welsh Ministers’s valuation is less than £2500, and

(b) within 14 days after receiving the Welsh Ministers’s valuation, the owner of the horse killed or (as the case may be) the thing seized gives written notice to the Welsh Ministers disputing that valuation, with reasons,

the Welsh Ministers must refer the determination of the value to an appointed valuer.

(7) The appointed valuer must be a person—

(a) appointed jointly by the owner and the Welsh Ministers for the purpose of conducting a valuation under this regulation, or

(b) failing agreement on such appointment within 10 days of receipt of the notice given under paragraph (6), appointed by the Welsh Ministers for that purpose.

(8) The determination of value by the appointed valuer is final and binding on the Welsh Ministers and the owner (but this is subject to paragraphs (3)(b) and (4)(b)).

(9) Fees charged or expenses incurred by an appointed valuer for work done under this regulation must be paid—

(a) where the valuer’s determination is equal to or less than the Welsh Ministers’s valuation, by the owner,

(b) otherwise, by the Welsh Ministers.

(10) Nothing in this regulation authorises any delay in the killing of a horse for the purposes of controlling African horse sickness.

Obstruction

34.  No person may—

(a) intentionally obstruct or impede anyone acting in the execution or enforcement of these Regulations;

(b) without reasonable cause, proof of which lies on the person charged, fail to give to any person acting in the execution or enforcement of these Regulations any assistance or information that is reasonably required;

(c) provide to anyone acting in the execution or enforcement of these Regulations any information knowing it to be false or misleading or not believing it to be true; or

(d) fail to produce a record when required to do so by any person acting in the execution or enforcement of these Regulations.

Offences and penalties

35.—(1) A person is guilty of an offence if that person fails to comply with any of the following provisions—

(a) regulation 3(4) (occupier to give reasonable assistance to enable main occupier to comply with obligations);

(b) regulation 3(5) (main occupier to take reasonable steps to inform other occupiers of movement restrictions arising from notice);

(c) regulation 5(1) or (2) (requirement to notify Welsh Ministers of suspect horse or carcase etc);

(d) regulation 7(7)(a)(i), (ii) or (iii) (prohibition on movement of notified horse or carcase; equipment or genetic material; or other horses);

(e) regulation 7(7)(b)(i) or (ii) (obligation to move horses and identify vectors etc);

(f) regulation 11(3) (prohibition on persons moving horses onto premises);

(g) regulation 14(5)(a), (b) or (c) (controls relating to slaughterhouses);

(h) regulation 17(4) (prohibition on unlicensed movement within temporary movement restriction zone);

(i) regulation 18(7) (prohibition on unlicensed movement out of protection zone or out of surveillance zone to an area free from restrictions);

(j) regulation 18(8)(a) or (b) (prohibition on unlicensed movement of asses etc or movement of horses showing clinical signs of African horse sickness);

(k) regulation 21(3) (obligation to comply with restrictions and measures imposed by declaration under regulation 17(5), 18(9), or 19(3));

(l) regulation 24 (prohibition on vaccination);

(m) regulation 25(2) (requirement to vaccinate in accordance with declaration of vaccination zone);

(n) regulation 26(1) or (2) (requirement to identify vaccinated horse and to keep records; prohibition on unlicensed movement of vaccinated horse);

(o) regulation 27(9) (requirement to comply with notice);

(p) regulation 28(2)(a) or (b) (requirement to carry licence or copy; requirement to produce etc licence);

(q) regulation 28(4)(a), (b) or (c) (requirement to carry document; requirement to produce etc document; requirement to keep document);

(r) regulation 31 (obligation on new main occupier to allow entry for purposes of feeding or welfare);

(s) regulation 34 (obstruction);

(t) paragraph 1, 2, or 4 of the Schedule (requirement to keep records etc; requirement as to housing of horses; requirement to implement vector control);

(u) paragraph 3 of the Schedule (prohibition on unlicensed movement).

(2) A person guilty of an offence is liable—

(a) on summary conviction—

(i) in the case of conviction for an offence under paragraph (1)(b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (m), (o), (s) or (u) to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or both,

(ii) in the case of conviction for any other offence under paragraph (1) to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding six months or both.

Offences by bodies corporate

36.—(1) If an offence under these Regulations committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to any neglect on the part of an officer,

the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) In paragraph (1) “officer” (“swyddog”), in relation to a body corporate, means—

(a) a director, manager, secretary or other similar officer of the body, or

(b) a person purporting to act in any such capacity.

(3) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as it applies to an officer of a body corporate.

Offences by partnerships and unincorporated associations

37.—(1) Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought against the partnership or association in the name of the partnership or association.

(2) For the purposes of such proceedings—

(a) rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate; and

(b) section 33 of the Criminal Justice Act 1925(15) and Schedule 3 to the Magistrates’ Courts Act 1980(16) apply in relation to the partnership or association as they apply in relation to a body corporate.

(3) A fine imposed on a partnership or association on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership or association.

(4) Where an offence under these Regulations committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.

(5) For these purposes, “partner” (“partner”) includes a person purporting to act as a partner.

(6) If an offence under these Regulations committed by an unincorporated association is proved—

(a) to have been committed with the consent or connivance of, or

(b) to be attributable to any neglect on the part of, an officer of the association,

the officer, as well as the association, is guilty of the offence and is liable to be proceeded against and punished accordingly.

(7) In paragraph (6), “officer” (“swyddog”), in relation to an unincorporated association, means—

(a) an officer of the association or a member of its governing body, or

(b) a person purporting to act in such capacity.

Enforcement

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

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

(3) In this regulation, “local authority” (“awdurdod lleol”) means a county council or a county borough council.

Exceptional circumstances

39.  A veterinary inspector may for the purpose of ensuring the health or welfare of any horse—

(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.

Amendments

40.—(1) In the Specified Diseases (Notification and Slaughter) Order 1992(17), in article 2 omit the reference to African horse sickness.

(2) In the Specified Diseases (Notification) Order 1996(18), in Part 1 of Schedule 1 omit the reference to African horse sickness.

Alun Davies

Minister for Natural Resources and Food

3rd July 2013

Regulations 8(2) 9(9), 10(8) and 18(5)

SCHEDULE Measures on suspect and infected premises and on premises in a control zone

Records

1.—(1) The main occupier must keep a record of every horse on the premises.

(2) The main occupier must take all reasonable steps to update the record to show the number of horses on the premises that—

(a) have died;

(b) show clinical signs of African horse sickness;

(c) have been born since restrictions under these Regulations were placed on the premises; and

(d) enter or leave the premises under licence.

(3) The main occupier must ask any other occupier to report any changes in the details of their horses on the premises that are relevant to the record.

(4) The main occupier must keep the record for at least six months after (as the case may be)—

(a) the revocation of the notice served under regulation 8(2), 9(8), or 10(7), or

(b) the premises ceasing to be within the control zone,

whichever is the later.

Housing of horses

2.  An occupier must ensure that every horse on the premises is kept—

(a) so far as is practicable on the part or parts of the premises where they may be less exposed to vectors; or

(b) as directed by a veterinary inspector.

Restriction on movement of horses, carcases, equipment or genetic material

3.  No person may move any horse or carcase to or from the premises or any equipment or genetic material from the premises, except under the authority of a licence granted by a veterinary inspector or an officer of the Welsh Ministers acting under the direction of a veterinary inspector.

Control of vectors

4.  The main occupier must implement such practicable vector control measures as a veterinary inspector may require.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement in relation to Wales the provisions of Council Directive 92/35/EEC laying down control rules and measures to combat African horse sickness (OJ L No 157, 10.6.1992 p19). They revoke the provisions of the Specified Diseases (Notification and Slaughter) Order 1992 and the Specified Diseases (Notification) Order 1996 in so far as they apply to African horse sickness and in so far as they apply to Wales.

Part 1 is introductory and includes definitions.

Part 2 deals with notification of suspicion of African horse sickness.

Part 3 and the Schedule make provision for where African horse sickness is suspected or confirmed on premises. Part 3 also deals with premises which have a link with infected premises and makes provision, following the declaration of premises as infected premises, to prevent horses from being brought onto other premises due to the risk of African horse sickness virus spreading.

Part 4 deals with slaughterhouses.

Part 5 makes special provision for non-captive horses.

Part 6 and the Schedule make provision for the establishment of area controls by way of declaration of different zones.

Part 7 prohibits vaccination against African horse sickness except in the circumstances set out there, and contains powers to declare a vaccination zone.

Part 8 contains provisions relating to inspection, enforcement and other matters.

These Regulations are enforced by the local authority.

Breach of any of the provisions listed in regulation 35 is an offence punishable on summary conviction or on conviction on indictment. On summary conviction, the offence is punishable with either a fine not exceeding the statutory maximum only, or (where there is a higher risk of the disease spreading due to the breach) a fine not exceeding the statutory maximum and imprisonment for a term not exceeding three months or both. On conviction on indictment, the offence is punishable with a fine or imprisonment for a term not exceeding six months or both.

Regulation 2(1) refers to British Standard 7320, copies of which can be obtained from the website of the British Standards Institute (BSI), from any of the sales outlets operated by the BSI or by post from BSI Customer Services, 389 Chiswick High Road, London, W4 4AL.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefit of complying with these Regulations. A copy can be obtained from the Office of the Chief Veterinary Officer, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

By virtue of article 3 of the European Communities (Designation) (No.5) Order 2010, S.I. 2010/2690.

(2)

1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), section 3(3) and Part 1 of the Schedule.

(3)

ISBN 0 580 18481 1, published 29 June 1990.

(4)

1981 c. 22.

(5)

S.I. 2008/1270 (W.129) as amended by S.I. 2009/3234 (W.281).

(6)

S.I. 2011/2379 (W.252).

(7)

At which point other measures have effect: see regulation 8(2).

(8)

See also the power of the Welsh Ministers under regulation 17 to declare a temporary movement restriction zone.

(9)

See also the power of the Welsh Ministers under regulation 18 to declare a control zone, protection zone and surveillance zone.

(10)

See also the power of the Welsh Ministers under regulation 18 to declare a control zone, protection zone and surveillance zone.

(11)

See also the power of the Welsh Ministers under regulation 17 to declare a temporary movement restriction zone.

(12)

See also the power of the Welsh Ministers under regulation 18 to declare a control zone, protection zone and surveillance zone.

(13)

OJ L No 157, 10.6.1992 p 19.

(14)

1978 c. 30.

(15)

1925 c. 86. Subsections (1), (2) and (5) of section 33 were repealed by the Magistrates’ Court Act 1952 (c. 55), section 132 and Schedule 6; subsection (3) was amended by the Courts Act 1971 (c. 23), section 56(1) and Schedule 8, Part 2, paragraph 19; subsection (4) was amended by the Courts Act 2003 (c. 39), section 109(1) and (3), Schedule 8, paragraph 71 and Schedule 10.

(16)

1980 c. 43. Paragraph 2(a) of Schedule 3 was amended by the Criminal Procedure and Investigations Act 1996 (c. 25), section 47, Schedule 1, paragraph 13, and was repealed by the Criminal Justice Act 2003 (c. 44), sections 41 and 332, Schedule 3, Part 2, paragraph 51(1) and (13)(a), and Schedule 37, Part 4 (with effect from a date to be appointed); paragraph 5 was repealed by the Criminal Justice Act 1991 (c. 53), sections 25(2) and 101(2) and Schedule 13; paragraph 6 was repealed by the Criminal Justice Act 2003, section 41, Schedule 3, Part 2, paragraph 51(1) and (13)(b) (with effect from a date to be appointed).

(17)

S.I. 1992/3159 as amended by S.I. 2006/2237 (W.199).

(18)

S.I. 1996/2628, relevant amending instruments are S.I. 1998/1645, 2006/2237 (W.199) and 2010/618 (W.60).