The Bluetongue Regulations 2008

PART 1 U.K. Introduction

Title, application and commencement U.K.

1.  These Regulations may be cited as the Bluetongue Regulations 2008; they apply in England and come into force on 26th April 2008.

Interpretation U.K.

2.—(1) In these Regulations—

“animal” means a ruminating animal [F1 or a camelid;]

[F2 “border control post” means a place designated by the competent authority for the performance of official controls under Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products ;]

[F3 “carcase” means the carcase of an animal;]

“control zone” means a zone referred to in regulation 12;

[F4 “germinal product” means the embryo, ovum or semen of an animal;]

[F5 “inactivated vaccines” means vaccines that are not live attenuated vaccines;]

“infected premises” means premises on which the existence of bluetongue has been confirmed;

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

[F6 “live attenuated vaccines” means vaccines which are produced by adapting bluetongue virus field isolates through serial passages in tissue culture or in embryonated hens’ eggs;]

“local authority” means—

(a)

in a part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994, a unitary authority for that local government area, that authority;

(b)

where there is not a unitary authority—

(i)

in a metropolitan district, the council of that district;

(ii)

in a non-metropolitan county, the council of that county;

(iii)

in each London borough, the council of that borough;

(iv)

in the city of London, the Common Council;

(v)

where there is a port health authority, that authority;

“midge” means an insect of the genus Culicoides;

“premises” includes any [F7 any land, building or other place;]

[F8 “regulated place” means a slaughterhouse or border control post;]

“vaccine” means vaccine against bluetongue virus; and

“veterinary inspector” means a person appointed as such by the Secretary of State 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 F9 ... at any time.

Textual Amendments

F1 Words in reg. 2 substituted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 5(2)(a)

F2 Words in reg. 2 inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 5(2)(b)

F3 Words in reg. 2 inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 5(2)(c)

F4 Words in reg. 2 inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 5(2)(d)

F5 Words in reg. 2 inserted (24.8.2012) by The Bluetongue (Amendment) Regulations 2012 (S.I. 2012/1977), regs. 1(b), 2(2)(a)

F6 Words in reg. 2 inserted (24.8.2012) by The Bluetongue (Amendment) Regulations 2012 (S.I. 2012/1977), regs. 1(b), 2(2)(b)

F7 Words in reg. 2 substituted (20.12.2023) by virtue of The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 5(2)(e)

F8 Words in reg. 2 inserted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 5(2)(f)

F9 Words in reg. 2(2) omitted (25.4.2024) by virtue of The Exotic Disease (Amendment) (England) Order 2024 (S.I. 2024/558), arts. 1(1), 5(2)

Exemptions U.K.

[F10 3.   These Regulations do not apply to—

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

F10 Reg. 3 substituted (24.8.2012) by The Bluetongue (Amendment) Regulations 2012 (S.I. 2012/1977), regs. 1(b), 2(3)

Licences U.K.

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 or other officer of the Secretary of State or by an inspector, 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 an inspector or an officer of the Secretary of State, produce the consignment note and allow a copy or extract to be taken.

Licences granted outside England U.K.

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

Declarations of zones U.K.

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 U.K.

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 [F11 the temporary control zone].

Textual Amendments

F11 Words in reg. 7(4)(c) substituted (20.12.2023) by The Exotic Disease (Amendment) (England) Order 2023 (S.I. 2023/1415), arts. 1(1), 5(3)(a)