Search Legislation

The African Horse Sickness (Wales) Regulations 2013

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

PART 3Suspicion 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(1).

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(2).

(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(3).

(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(4).

(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.

(1)

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

(2)

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

(3)

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

(4)

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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources