The Exotic Disease (Amendment) (England) Order 2023

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which applies to England only, extends the definition of “disease” in the Animal Health Act 1981 to include transmissible spongiform encephalopathy and African swine fever (article 2). It also amends a number of instruments relating to foot-and-mouth disease, avian influenza and bluetongue.

Article 3 clarifies the Foot-and-Mouth Disease (England) Order 2006 (S.I. 2006/182) in relation to alert exercises (simulations of an emergency situation to test contingency plans).

Article 4 amends the Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006 (S.I. 2006/2702). These amendments—

(a) amend certain definitions;

(b) provide for surveillance to detect avian influenza in kept mammals;

(c) extend the requirement to report suspicion of avian influenza in mammals to include keepers of mammals;

(d) require any person who detects avian influenza virus or antibodies to this virus in wild birds to notify the competent authorities;

(e) extend the requirement for an inspector to serve notice on the occupier of premises where influenza of avian origin is suspected so that it applies whether or not poultry or other captive birds are also present on those premises;

(f) extend the provisions of article 16 to apply to kept mammals;

(g) update a reference to the newly renamed UK Genetics for Livestock and Equines Committee (UKGLE);

(h) replace references to “border inspection posts” with “border control posts” and extend the provisions of article 41to apply to kept mammals;

(i) replace and extend articles 58, 59, 60A and 61A to restrict activities on premises where mammals are kept and influenza of avian origin is suspected or confirmed and apply measures to control the spread of avian influenza virus in mammals regardless of whether or not poultry or other captive birds are also present on those premises;

(j) amend schedules 4 and 5 to remove time limits on provisions permitting visual inspections to be conducted remotely in certain circumstances;

(k) insert two new Schedules; Schedule 9 setting out measures which apply where influenza of avian origin is suspected in kept mammals and Schedule 10 setting out measures where apply where influenza of avian origin is confirmed.

Article 5 amends the Bluetongue Regulations 2008 (S.I. 2008/962). These amendments add and clarify certain definitions; provide for premises which straddle a restricted zone and a temporary control zone to be treated as being entirely within a temporary control zone; extend the prohibition on the movement of animals in a temporary control zones to include germinal products and restates the power to prohibit the movement of animals or germinal products from a premises to which an animal or germinal product has been moved onto from premises within a zone, and the power to licence such movements.

Article 6 amends the Bluetongue (Compensation) Order 2007 (S.I. 2007/2996) by removing a reference to a provision which is revoked.

Article 7 revokes the Bluetongue (No. 2) Order 2007 (S.I. 2007/3304) so far as not previously revoked by the Bluetongue Regulations 2008 (S.I. 2008/962), its sole remaining provision being consolidated into those Regulations by article 5 of this Order.

No impact assessment has been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen.