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Welsh Statutory Instruments

2002 No. 2480 (W.243)

ANIMALS, WALES

ANIMAL HEALTH

The Disease Control (Interim Measures) (Wales) (No. 2) (Amendment) Order 2002

Made

28th September 2002

Coming into force

30th September 2002

The National Assembly for Wales and the Secretary of State, acting jointly in exercise of the powers conferred on them under sections 1 and 8(1) of the Animal Health Act 1981(1), make the following Order:

Title, application and commencement

1.  This Order may be cited as the Disease Control (Interim Measures) (Wales) (No. 2) (Amendment) Order 2002; it applies to Wales and shall come into force on 30th September 2002.

Amendment of the Disease Control (Interim Measures) (Wales) (No. 2) Order 2002

2.—(1) The Disease Control (Interim Measures) (Wales) (No. 2) Order 2002(2) shall be amended in accordance with the following provisions of this article.

(2) In article 2, the definition of “hunting” shall be deleted.

(3) For article 3(3)(f), there shall be substituted the following—

(f)a ram or a goat of either sex which is being returned to those premises from a place to which it had been moved for breeding purposes provided it is isolated from all other animals there for 20 days after the date of its return unless, in the case of a goat, it is sent back to that place for a further attempt at breeding having been so isolated since the date of its return;.

(4) In article 3 (10), for the words “a veterinary inspector” there shall be substituted “an inspector”.

(5) For article 3(11), there shall be substituted the following—

(11) A notice issued under paragraph (10) may be varied or revoked at any time by a further notice in writing issued by—

(a)a veterinary inspector, if the notice to be varied or revoked was issued by a veterinary inspector; or

(b)a veterinary or any other inspector, if the notice to be varied or revoked was issued by an inspector other than a veterinary inspector.

(11A) A notice issued under paragraph (11) shall be served on the persons on whom the notice which it varies or revokes was served..

(6) For article 4(b), there shall be substituted the following—

(b)receive from a slaughterhouse

(i)any pig, or

(ii)any other animal unless under the authority of a licence issued by a veterinary inspector..

(7) Article 5 shall be deleted.

(8) In article 6(3) the words “or 5(2)(b)” shall be deleted.

(9) For the words “for the purpose of making two or more premises” in article 6(4), substitute “in relation to”.

(10) In article 9(1) for the word “will” after “inspector”, there shall be substituted the word “may”.

Signed on behalf of the National Assembly for Wales on:

J.E. Randerson

Minister for Culture, Sport and the Welsh Language

27th September 2002

Signed on:

Whitty

Parliamentary Under Secretary of State

Department for Environment,

Food and Rural Affairs

28th September 2002

Explanatory Note

(This note is not part of the Order)

This Order amends the Disease Control (Interim Measures) (Wales) (No. 2) Order 2002 (S.I. 2002/2304 (W. 229)) (the “principal Order”).

The principal amendments are—

(a)the deletion of article 5 of the principal Order which provides that it shall generally be unlawful to hunt certain species with dogs save under the authority of a permit issued by a veterinary inspector; and

(b)the replacement of article 3(3)(f) so as to provide for movements of rams onto any premises not to give rise to a standstill requirement there (as referred to in article 3(1)(b) of the principal Order) provided that the ram is being returned to those premises from a place to which it was moved for breeding purposes and that it is isolated from other animals for 20 days after the date of its return.

A regulatory appraisal has not been prepared for this Order.

(1)

1981 c. 22. See section 86(1) for the definitions of “the Ministers” and “the Minister”. Functions of “the Ministers”, so far as exercisable by the Secretary of State for Wales in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); functions of “the Ministers”, so far as exercisable by the Secretary of State for Scotland in relation to Wales, were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141). The functions of the Minister of Agriculture, Fisheries and food were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).