EXPLANATORY NOTE
(This note is not part of the Order)
This Order applies in relation to England only.
Article 2 extends the definition of “disease” in the Animal Health Act 1981 to include bluetongue.
Article 3 amends the Movement of Animals (Restrictions) (England) Order 2002 (S.I. 2002/3229) to re-insert a provision allowing the Secretary of State to declare an area to be an infected area. It provides for the Order to be enforced by the local authority, except where otherwise stated or where the Secretary of State directs that the Order is to be enforced by the Secretary of State in relation to cases of a particular description or particular cases; and confers power, where such a direction is made, for the Secretary of State to delegate prosecution functions to the Director of Public Prosecutions.
Article 4 amends the Avian Influenza (Preventive Measures) England Regulations 2006 (S.I. 2006/2701). The requirement for a person who keeps poultry to notify the Secretary of State of certain information is amended to apply irrespective of the number of birds kept and is extended to apply also in relation to other captive birds. Additional information must be provided as part of the notification procedure by keepers of 50 or more poultry birds or other captive birds. The information must be updated online once every 12 months. The obligation to notify is subject to an exception in the case of keepers of Psittaciformes (such as budgerigars or parrots) or Passeriformes (such as canaries or finches) which are housed in dwellings or bird houses with no outdoor access.
Article 5 amends the Bluetongue Regulations 2008 (S.I. 2008/962) establishing further disease control measures applicable in the event of suspicion of bluetongue, including a power for a veterinary inspector to serve a notice prohibiting the movement of animals or germinal products onto or from suspect premises, except under the authority of a licence (which may be subject to conditions); power to declare a restriction zone where bluetongue is confirmed but not circulating; power to declare a bluetongue prevention zone as a precautionary measure where necessary to reduce the risk of an incursion of bluetongue virus into any part of England, and power to designate premises for the purposes of collecting, handling, processing or storing germinal products. Regulation 30, which required a review of the Regulations, is omitted.
No impact assessment has been produced as no, or no significant impact on the private, voluntary or public sector is foreseen.