The Bluetongue (Wales) Regulations 2008 No. 1090 (W. 116)

PART 1 E+W Introduction

Title, application and commencement E+W

1.  The title of these Regulations is the Bluetongue (Wales) Regulations 2008; they apply in relation to Wales come into force on 26 April 2008.

Interpretation E+W

2.—(1) In these Regulations—

“animal” (“anifail”) means a ruminating animal (and for the purposes of these Regulations all camelids are considered to be ruminating animals) and “carcase” (“carcas”), “embryo” (“embryo”), “ovum” (“ofwm”) and “semen” (“semen”) mean the carcase, embryo, ovum and semen of such an animal;

“control zone” (“parth rheoli”) means a zone referred to in regulation 12;

[F1 “inactivated vaccines” (“brechlynnau anweithredol”) means vaccines that are not live attenuated vaccines;]

“infected premises” (“mangre heintiedig”) means premises on which the existence of bluetongue has been confirmed;

“inspector” (“arolygydd”) means an inspector appointed as such by the Welsh Ministers or a local authority for the purpose of these Regulations and, unless the context otherwise requires, includes a veterinary inspector;

[F1 “live attenuated vaccines” (“brechlynnau byw a wanhawyd”) means vaccines which are produced by adapting bluetongue virus field isolates through serial passages in tissue culture or in embryonated hens' eggs;]

“local authority” (“awdurdod lleol”) means in relation to an area the county council or county borough council for that area;

“midge” (“gwybedyn”) means an insect of the genus Culicoides;

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

“vaccine” (“brechlyn”) means vaccine against bluetongue virus; and

“veterinary inspector” (“arolygydd milfeddygol”) means a person appointed as such by the Welsh Ministers for the purposes of these Regulations.

(2) Any authorisation, licence, notice or designation under these Regulations must be in writing, may be subject to conditions and may be amended, suspended or revoked by notice at any time.

Textual Amendments

F1 Words in reg. 2 inserted (10.10.2012) by The Bluetongue (Wales) (Amendment) Regulations 2012 (S.I. 2012/2403), regs. 1(3), 2(2)

Exemptions E+W

[F2 3.   These Regulations do not apply to—

(a) anything a person is authorised to do by licence granted under the Specified Animal Pathogens (Wales) Order 2008;

(b) administration of a vaccine for research purposes in accordance with an animal test certificate granted under the Veterinary Medicines Regulations 2011.]

Textual Amendments

F2 Reg. 3 substituted (10.10.2012) by The Bluetongue (Wales) (Amendment) Regulations 2012 (S.I. 2012/2403), regs. 1(3), 2(3)

Licences E+W

4.—(1) A person moving anything under the authority of a specific licence granted under these Regulations must—

(a) carry the licence or a copy of it at all times during the licensed movement;

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

(2) A person moving anything under the authority of a general licence granted under these Regulations must—

(a) carry, at all times during the movement, a consignment note that contains details of—

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

(ii) the date of the movement;

(iii) the name of the consignor;

(iv) the address of the premises from which the movement started;

(v) the name of the consignee;

(vi) the address of the premises of destination;

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

Licences granted outside Wales E+W

5.  Except where otherwise directed by the Welsh Ministers and except in respect of a licence to obtain vaccine or a licence to vaccinate, licences granted in Scotland or England for activities which could be licensed in Wales under these Regulations have effect in Wales as if they were licences granted under these Regulations.

Declarations of zones E+W

6.  Declarations of zones—

(a) must be in writing;

(b) may be amended by further declaration at any time;

(c) must designate the extent of the zone being declared; and

(d) may only be revoked by further declaration.

Premises straddling zones E+W

7.—(1) Premises partly inside a temporary control zone and not inside any other zone are treated as being inside the temporary control zone.

(2) Premises partly inside a control zone are treated as being inside that zone.

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

(4) Otherwise—

(a) if a restricted zone has been divided into a protection zone and a surveillance zone premises partly inside the protection zone and partly inside the surveillance zone are treated as being inside the protection zone;

(b) premises partly inside a restricted zone and partly inside an area that does not have controls for bluetongue are treated as being inside the restricted zone; and

(c) premises partly inside a restricted zone and partly inside a temporary control zone are treated as being inside the restricted zone.