The Foot-and-Mouth Disease (Amendment) (Wales) (No. 4) Order 2001

Article 2(3)

SCHEDULE 1

“PART IV PROVISIONS TO APPLY IN CONTROLLED AREAS

31.— (1) Subject to the provisions of this article, no person shall—

(a) move any animal from the premises on which it is, except under the authority of a licence issued by the Minister; or

(b) move any animal into or out of the controlled area except under the authority of a licence issued by the Minister.

(2) An inspector may, by licence issued in the form set out in Schedule 5 to this Order, permit, for the purposes of slaughter, the movement of—

(a) sheep, cattle or pigs direct to a slaughterhouse approved by the Minister to slaughter animals moved by licence issued under this article; and

(b) sheep or cattle to a collecting centre, licensed by the local authority under article 35, for onward movement direct to a slaughterhouse approved under paragraph (a) above.

(3) For the purposes of this article, licences or approvals issued in Scotland or Wales operate as if granted in England.

(4) Where an animal is moved to a slaughterhouse under this article, the occupier of the slaughterhouse shall ensure that the animal is slaughtered at those premises in accordance with any condition relating to slaughter specified in the licence and in any event within 24 hours of arrival there.

(5) The person in charge of the vehicle in which animals are moved under this article shall ensure that it is thoroughly cleansed and disinfected in accordance with the requirements of paragraph 3 of Schedule 2 to this Order as soon as possible after the animals have been unloaded and, in any case, before the vehicle is moved from the delivery premises.

(6) The occupier of premises to which animals are moved under this article shall—

(a) ensure that he or his representative is given the licence under which they have been moved before allowing the animals to be unloaded from the vehicle on which they have been transported;

(b) forward that licence without delay to the local authority responsible for the area in which those premises are situated and, in the case of a slaughterhouse, provide a copy to the official veterinary surgeon appointed for those premises;

(c) retain a copy of that licence for a period of 6 months and produce it upon request for inspection by an inspector;

(d) provide adequate facilities, equipment and materials for the cleansing and disinfection in accordance with this article of the vehicle that delivered the animals to the premises; and

(e) in the case of a collecting centre, ensure that sheep are marked or tagged so as to enable the identity of the collecting centre and the farm from which they were moved to be established throughout their onward movement to a slaughterhouse.

Control of products from slaughterhouses and knacker’s yards

32.— (1) No person shall move any carcase or animal product (unless intended for human consumption) or any manure, slurry or litter, out of a slaughterhouse or knacker’s yard except—

(a) under the authority of a licence granted by the Minister; or

(b) for disposal under the Animal By-Products Order 1999(1), the Specified Risk Material Order 1997(2) or the Specified Risk Material Regulations 1997(3).

(2) Anything moved under paragraph 1(a) above shall be moved in a drip-proof container or vehicle, and the owner or person in charge of that container or vehicle shall, as soon as possible after unloading and in any case before it is used again, cleanse and disinfect the container or vehicle in accordance with paragraph 3 of Schedule 2 to this Order.

(3) No person shall move anything under this article to premises on which there is an animal and any person moving or receiving anything under this article and the occupier of the premises to which it is moved shall ensure that it is not brought into contact with, or fed to, any animal.

Control of carcases

33.   No person shall move any carcase (other than the carcase of an animal slaughtered for human consumption or a suspect BSE or scrapie carcase destined for disposal) from premises other than a slaughterhouse or knacker’s yard, except under the authority of a licence issued by the Minister.

Prevention of animals from straying

34.   — The person in charge of an animal kept on any premises shall take all necessary steps to prevent that animal from straying from those premises.

Control of markets, sales and gatherings of animals

35.— (1) Subject to paragraph (2) below, no person shall use any premises for a fair, market, show or other gathering of animals.

(2) Notwithstanding the prohibition in paragraph (1) above, the use of premises as a collecting centre may be permitted by licence issued by an inspector of the local authority, in accordance with the advice of the Chief Veterinary Officer.

Hunting and stalking

36.   Hunting and stalking are prohibited.

Cleansing and disinfection of certain premises and vehicles

37.   The occupier of a collecting centre, slaughterhouse or knacker’s yard shall cleanse and disinfect the premises as soon as practicable after it has been emptied of animals and in any event before any animal, fodder, litter or thing is moved there again, at his own expense and in accordance with the provisions of paragraphs 1and 2 of Schedule 2 to this Order together with any additional requirements notified by an inspector.

Power to close footpaths

37A— (1) Subject to paragraph (2) below, and with the prior written consent of the Minister, an inspector may, notwithstanding the existence of any public footpath or right of way, prohibit the entry of any person—

(a) onto any land (including any common, or any unenclosed waste land); or

(b) into any agricultural building,

by displaying or causing to be displayed a notice to that effect at every entrance to that land or building.

(2) No person shall enter any land or building in respect of which a notice is displayed under paragraph (1) other than—

(a) the owner of any animal on that land or in that building or the employee of any such owner or any other person authorised by him or her who enters for the purpose of tending to that animal; or

(b) a person entering the land or building under the authority of a licence granted by an inspector.

(3) No person shall remove a notice except under the authority of a licence granted by an inspector.

Disinfection

37B   Disinfection under this part shall be with a disinfectant approved for the purpose of foot and mouth disease under the Diseases of Animals (Approved Disinfectants) Order 1978(4) at the concentration specified either for Foot and Mouth Disease or for “General Orders” whichever is higher.

Licences

37C.— (1) Except under articles 31, 35 and 37A above, licences under this Part may only be issued by the Minister.

(2) The Minister shall not issue licences under this Part except in accordance with the advice of the Chief Veterinary Officer.

(3) Where a local authority issues a licence under this Part, it shall retain a copy of the licence for a period of 6 months.

Enforcement

37D.   — The provisions of this Part shall, in so far as they are to be enforced in slaughterhouses, be enforced by the Minister.”

(1)

S.I. 1999/646.

(2)

S.I. 1997/2964 as amended by S.I. 2000/3234, S.I. 2000/3377 and S.I. 2000/3387/W/224.

(3)

S.I. 1997/2965 as amended by S.I. 1997/3062, S.I. 1998/2045 itself amended by S.I. 1998/2431, S.I. 1999/539, S.I. 2000/656, S.I. 2000/2672, S.I. 2000/3381 and S.I. 2000/3387/W/224.

(4)

S.I. 1978/32 as amended by S.I. 1978/934, S.I. 1999/919 and as further amended in relation to England only by S.I. 2000/3195 and S.I. 2001/608.