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The African Horse Sickness (Wales) Regulations 2013

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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.

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