The Disease Control (Wales) (Amendment) Order 2017

Welsh Statutory Instruments

2017 No. 674 (W. 156)

Animals, Wales

Animal Health

The Disease Control (Wales) (Amendment) Order 2017

Made

31 May 2017

Coming into force

12 June 2017

The Welsh Ministers make the following Order in exercise of the powers conferred by sections 1, 8(1), and 83(2) of the Animal Health Act 1981(1).

Title, application and commencement

1.—(1) The title of this Order is the Disease Control (Wales) (Amendment) Order 2017.

(2) This Order applies in relation to Wales.

(3) This Order comes into force on 12 June 2017.

Amendments to the Disease Control (Wales) Order 2003

2.  The Disease Control (Wales) Order 2003(2) is amended as follows.

3.  In article 2 (interpretation)—

(a) in the definition of “slaughterhouse” (“lladd-dy”), for “the Fresh Meat (Hygiene and Inspection) Regulations 1995” substitute the “Food Hygiene (Wales) Regulations 2006”(3); and

(b) in the appropriate place insert—

““quarantine unit” (“uned gwarantin”) means a facility or premises approved in writing for quarantine purposes by a body accredited by the United Kingdom Accreditation Service (UKAS);”.

4.  In article 8 (isolation facilities)—

(a) for paragraph (1) substitute—

“(1) Where pigs are held in an isolation facility under any provision of this Order, and other pigs are moved in before they are released from the isolation facility, no pig may be removed from the isolation facility before the last date of release of the last pigs moved into the isolation facility.”; and

(b) after paragraph (2) insert—

“(3) An isolation facility may not be used to hold any animals other than pigs.”

5.  After article 8 insert—

“Quarantine units

8A.— (1) A quarantine unit may only be used to hold cattle, sheep and goats.

(2) Where animals are held in a quarantine unit under any provision of this Order, and other animals are moved in before they are released from the quarantine unit, no animal may be removed from the quarantine unit before the last date of release of the last animal moved into the quarantine unit.

(3) No person may move any animal off premises direct from a quarantine unit unless the movement is one specified in paragraphs 1, 2, 4, 13 or 14 of Schedule 1.

(4) Where the Welsh Ministers have served on the keeper of cattle a notice requiring the keeper to have any such cattle tested for tuberculosis with a relevant test before a date specified in the notice, no cattle may be held in, or moved into, a quarantine unit on the date of the relevant test unless—

(a) a skin test has been applied to those cattle no more than 60 days before the date of the relevant test, and

(b) the results of the test have been read by a veterinary inspector or an approved veterinary surgeon and are negative.

(5) Where a relevant test for tuberculosis has been applied to such cattle as specified in a notice in paragraph (4) but before the result of that test has been read by an inspector, or an approved veterinary surgeon, the keeper of the cattle may move any animal into a quarantine unit.

(6) A keeper must record—

(a) movement of an animal into a quarantine unit within 24 hours of the movement;

(b) movement of an animal out of a quarantine unit within 3 days of the movement; and

(c) all movements in the holding register within 36 hours of the movement.

(7) Approval of a quarantine unit may be made subject to conditions and may be suspended, amended or revoked by notice in writing at any time by a body accredited by UKAS or by the Welsh Ministers.

(8) In this article—

“approved veterinary surgeon” (“milfeddyg cymeradwy”) means a veterinary surgeon who is approved in accordance with article 2A of the Tuberculosis (Wales) Order 2010(4);

“holding register” (“cofrestr y daliad”) means a register for the purposes of the Cattle Identification (Wales) Regulations 2007(5) or the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2015(6);

“record” (“cofnodi”) means notifying or reporting the movement of an animal in accordance with the Cattle Identification (Wales) Regulations 2007 or the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2015;

“relevant test” (“prawf perthnasol”) means—

(a)

a skin test; or

(b)

any other diagnostic test for tuberculosis approved by the Welsh Ministers;

“skin test” (“prawf croen”) means a single intradermal comparative cervical tuberculin test for tuberculosis using bovine and avian tuberculin; and

“tuberculosis” (“twbercwlosis”) means infection with Mycobacterium bovis (M.bovis).”

6.  Omit article 15 (general licences).

7.  After article 15 insert—

“Movement documents for deer

15A.   Where deer are moved under a general licence, and that licence requires the person moving the deer to have a movement document, the occupier of premises which they are moved on to must—

(a) comply with the conditions of the licence relating to the reporting of movement information; and

(b) keep a copy of the completed movement document for six months and during that period produce it to an inspector on request.”

8.  Schedules 1 and 2 are amended in accordance with the Schedule to this Order.

Lesley Griffiths

Cabinet Secretary for Environment and Rural Affairs, one of the Welsh Ministers

31 May 2017

Article 8

SCHEDULE Amendment of Schedules 1 and 2 to the Disease Control (Wales) Order 2003

Amendment of Schedule 1 (Movements off premises which are permitted during the standstill period)

1.—(1) Schedule 1 is amended as follows.

(2) In paragraph 5 omit “cattle or”.

(3) Omit paragraph 6.

(4) In paragraph 7, for “regulation 12(2) of the Animal and Animal Products (Import and Export) (England and Wales) Regulations 2000” substitute “Part 1 of Schedule 2 to the Trade in Animals and Related Products (Wales) Regulations 2011”(7).

(5) In paragraph 10(1), for “article 8(3)(b) of the Pigs (Records, Identification and Movement) (Interim Measures) (Wales) (No. 2) Order 2002” substitute “article 21 of the Pigs (Records, Identification and Movement) (Wales) Order 2011”(8).

(6) Omit paragraph 12.

(7) For paragraph 13 substitute—

“Movement of cattle, sheep and goats to shows and exhibitions

13.   The movement of cattle, sheep and goats to shows and exhibitions provided where they have moved from another show or exhibition within the last 6 days they have been held in a quarantine unit and have not left that quarantine unit since being taken into it.”

Amendment of Schedule 2 (Movements on to premises that do not trigger the standstill period)

2.—(1) Schedule 2 is amended as follows.

(2) Before paragraph 1 insert—

“Movement of cattle, sheep and goats

Z1.   Arrival of cattle, sheep and goats on to the premises provided they are quarantined for 6 days after their arrival in a quarantine unit.”

(3) In the heading before paragraph 1 and in paragraph 1, for “the Animal Gatherings (Wales) Order 2003” substitute “the Animal Gatherings (Wales) Order 2010”(9).

(4) In the heading before paragraph 3, for “the Pigs (Records, Identification and Movement) (Interim Measures) (Wales) (No. 2) Order 2002” substitute “the Pigs (Records, Identification and Movement) (Wales) Order 2011”.

(5) In paragraph 3, for “article 8(3)(b) of the Pigs (Records, Identification and Movement) (Interim Measures) (Wales) (No. 2) Order 2002” substitute “article 21 of the Pigs (Records, Identification and Movement) (Wales) Order 2011”.

(6) In paragraph 4—

(a) in sub-paragraphs (1) and (2), for “article 8(3)(b) of the Pigs (Records, Identification and Movement) (Interim Measures) (Wales) (No. 2) Order 2002” substitute “article 21 of the Pigs (Records, Identification and Movement) (Wales) Order 2011”;

(b) in sub-paragraph (1)(e), for “signs and sends to the local authority”, substitute “submits, in accordance with the terms of the licence under which the pig is moved, and”; and

(c) in sub-paragraph (2)(b)—

(i) for “sent” substitute “submitted”; and

(ii) omit “above to the local authority”.

(7) For paragraph 5 substitute—

“Return of pigs, cattle, sheep or goats from a show or exhibition

5.— (1) The return of cattle, sheep or goats from a show or exhibition to the premises from which they were consigned to that show or exhibition provided that the animals are quarantined for 6 days after their return in a quarantine unit.

(2) The return of pigs from a show or exhibition to the premises from which they were consigned to that show or exhibition provided that the animals are isolated for 20 days after their return in a facility approved for this purpose by a veterinary inspector.”

(8) Omit paragraph 6.

(9) Omit paragraph 7.

(10) Omit paragraph 8.

(11) For paragraph 9 substitute—

“9.   Arrival of cattle, sheep or goats which are being returned from an artificial insemination centre provided that they are quarantined for 6 days after their return in a quarantine unit.”

(12) Omit paragraph 11.

(13) For paragraph 15 substitute—

“Arrival from veterinary treatment, etc.

15.   The arrival of sheep, goats, cattle or pigs being returned to those premises from a place for veterinary treatment or of any offspring to which they have given birth while there provided that—

(a) in the case of pigs, they are isolated from all other animals for 20 days following their return; and

(b) in the case of sheep, goats and cattle, where those animals were held in a quarantine unit prior to movement to a place for veterinary treatment, they are quarantined for 6 days after their return in a quarantine unit less the number of days the animal was quarantined prior to movement for treatment.”

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Disease Control (Wales) Order 2003 (S.I. 2003/1966 (W. 211)). It provides for quarantine units to replace the existing exemption from the 6 day standstill period for cattle, sheep and goats currently provided by isolation facilities.

This Order also clarifies that certain requirements relating to the reporting of movements and movement documents now apply to deer only, and makes minor changes to reflect the way in which keepers report and make declarations in support of movements of pigs for breeding purposes.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a Regulatory Impact Assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

1981 c. 22. Functions under the Act are exercisable by the Welsh Ministers (in relation to Wales) by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044); and section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(2)

S.I. 2003/1966 (W. 211).

(3)

S.I. 2006/31 (W. 5).

(4)

S.I. 2010/1379 (W. 122) as amended by S.I. 2014/632 (W. 72).

(5)

S.I. 2007/842 (W. 74).

(6)

S.I. 2015/1992 (W. 302).

(7)

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

(8)

S.I. 2011/2830 (W. 303).

(9)

S.I. 2010/900 (W. 93).