The Foot-and-Mouth Disease Regulations (Northern Ireland) 2006

PART I INTRODUCTION

Citation and commencement

1.  These Regulations may be cited as The Foot-and-Mouth Disease Regulations (Northern Ireland) 2006 and shall come into operation on 23rd February 2006.

Interpretation

2.—(1) In these Regulations—

“animal” means cattle, sheep and goats, all other ruminating animals and swine and any other kind of four-footed beast;

“animal gathering” means an event at which animals are brought together, including a market, show or fair, but not any occasion at which animals are brought together on the premises on which they are kept;

“animal product” means anything originating or made (whether in whole or in part) from an animal or from a carcase;

“associated protection zone” means, in relation to a surveillance zone, the protection zone centred on the same premises as that surveillance zone;

“bovine animal” includes buffalo and bison;

“Chief Veterinary Officer” means the Chief Veterinary Officer of the Department;

“collecting centre” means premises used for the intermediate reception of animals intended to be moved elsewhere;

“contact premises” means any premises declared to be contact premises under regulation 13(2);

“contaminated” means directly or indirectly exposed to disease and “contamination” shall be construed accordingly;

“the Department” means the Department of Agriculture and Rural Development;

“the Directive” means Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC(1);

“disease” means foot-and-mouth disease;

“Divisional Veterinary Officer” means a Divisional Veterinary Officer of the Department;

“free unit” means a separate epidemiological production unit declared to be a free unit under sub-paragraph 3A(6) of Part I of Schedule 2 to the Order(2) or under regulation 12;

“fresh meat” means meat, including offal, which has not undergone any preserving process other than chilling, freezing or quick freezing, including meat that is vacuum wrapped or wrapped in a controlled atmosphere;

“health marked” means bearing the health mark required by article 5(2) of Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(3) and “health mark” shall be construed accordingly;

“identification marked” means bearing the identification mark required by article 5(1) of Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(4) and “identification mark” shall be construed accordingly;

“incubation period” means—

(a)

for cattle, pigs and other bovine animals and swine, 14 days; and

(b)

for other susceptible animals, 21 days;

“infected” means affected with disease and “infection” shall be construed accordingly;

“infected premises” means any premises declared to be infected premises under regulation 11(12);

“infection date” means, in respect of any premises, the date confirmed by the Chief Veterinary Officer under regulation 11(10) as the earliest date disease was present there;

“inspector” means, a person appointed to be an inspector for the purposes of these Regulations by the Department;

“keeper” means any person responsible for animals, whether on a permanent or temporary basis, but does not include a person who is responsible for animals solely because he is transporting them;

“meat preparation” means fresh meat, including meat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone process insufficient to modify its internal muscle fibre structure of the meat and thus to eliminate the characteristics of fresh meat;

“meat product” means a processed product resulting from the processing of meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat;

“mechanically separated meat” means the product obtained by removing meat from flesh-bearing bones after boning, using mechanical means resulting in the loss or modification of the muscle fibre structure;

“milk” includes cream, separated milk, skimmed milk and buttermilk;

“milk product” includes butter, cheese, yoghurt, whey and any other product the main constituent of which is milk;

“minced meat” means boned meat that has been minced into fragments and contains less than 1% salt;

“occupier” means, in relation to any premises, the person in charge of those premises;

“the Order” means the Diseases of Animals (Northern Ireland) Order 1981(5);

“overstamped” means in relation to a health marked or identification marked item bearing an additional diagonal cross consisting of two straight lines intersecting at the centre of the health mark or identification mark and allowing the information there to remain legible (whether or not that additional cross is applied by the same stamp as the mark);

“poultry” means all species of birds belonging to the orders listed in Part II of Schedule 1 to the Order;

“premises” includes land, with or without buildings;

“protection zone” means a protection zone declared under regulation 29 or 30;

“public highway” means a highway maintainable at public expense;

“raw milk” means milk that has not been heated to more than 40°C or undergone any treatment that has an equivalent effect;

“restricted zone” means a restricted zone declared under regulation 35;

“sell” means sell to the final consumer or user and “sale in the expression “consign for sale” shall be construed accordingly;

“slaughter” means any process which causes the death of an animal;

“slaughterhouse” means an establishment used for slaughtering and dressing animals, the meat of which is intended for human consumption and which—

(c)

is approved or conditionally approved under article 31(2) of Regulation (EC) No. 882/2004 of the European parliament and of the Council on official controls performed to ensure the verification of feed and food law, animal health and animal welfare rules(6), or

(d)

although lacking the approval or conditional approval that it requires under article 4(3) of Regulation (EC) No. 853/2004 was, on 31st December 2005, operating as a licensed slaughterhouse under the Food Hygiene Regulations (Northern Ireland) 2006 (7) or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1995(8);

“supplementary movement control zone” means a supplementary movement control zone declared under regulation 18(1);

“surveillance zone” means a surveillance zone declared under regulation 29 or 30;

“susceptible animal” means cattle, sheep, goat, deer, camel, llama, alpaca, guanaco, vicuna, any other ruminant, any swine (that is, a member of the suborder Suina of the order Artiodactyla), elephant or rodent (other than a pet rodent);

“suspected of being infected” means exhibiting clinical symptoms or showing post-mortem lesions or reactions to laboratory tests such that the presence of disease may reasonably be suspected;

“suspect premises” means any declared to be suspect premises under regulation 11(8) or 13(1);

“temporary control zone” means a temporary control zone declared under regulation 15(1) or (2);

“used litter” means any substance which has been used for the bedding of animals;

“vaccinate” means treat with hyperimmune serum or vaccine against the disease;

“vaccination surveillance zone” means a vaccination surveillance zone declared under regulation 13(1), 14(2) or 14(3) of the Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006(9);

“a vaccination zone” means a vaccination zone declared under regulation 13(1) of the Foot-and-Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006;

“vehicle” means any means of transport and includes—

(e)

a trailer, semi-trailer or other thing which is designed or adapted to be towed by another vehicle;

(f)

anything on a vehicle;

(g)

a detachable part of a vehicle;

(h)

a container or other structure designed or adapted to be carried by or on a vehicle.

“wild animal” means an animal of a susceptible species living outside premises as defined in the Directive;

“wild animal infected zone” means a wild animal infected zone declared under regulation 37(1).

(2) References in these Regulations to “susceptible animals originating in” in respect of a protection zone or surveillance zone or “susceptible animals originating on” in respect of infected premises mean—

(a) susceptible animals kept in the protection zone or surveillance zone (after the declaration of the zone) or on the infected premises, as the case may be; and

(b) susceptible animals which were kept within the boundaries of the protection or surveillance zone or on the infected premises at any time during the period—

(i) beginning 21 days before the following date—

(aa) in the case of a protection zone, the earliest infection date on premises there;

(bb) in the case of a surveillance zone, the earliest infection date on premises in the associated protection zone;

(cc) in the case of infected premises, the infection date; and

(ii) ending with the declaration of the protection zone, surveillance zone or infected premises, as the case may be.

(3) References in these Regulations to “susceptible animals originating in” in respect of a vaccination or temporary control zone or “susceptible animals originating on” in respect of suspect premises or contact premises mean—

(a) susceptible animals kept in the vaccination zone or temporary control zone (after the declaration of the zone) or on the suspect premises or contact premises, as the case may be; and

(b) susceptible animals which were kept within the boundaries of the vaccination zone or temporary control zone or on the suspect premises or contact premises at any time during the period—

(i) beginning 21 days before the declaration of the vaccination zone or temporary control zone or suspect premises or contact premises, as the case may be, and

(ii) ending with that declaration.

(4) The Interpretation Act (Northern Ireland) 1954(10) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Premises comprising common or unenclosed land

3.  For the purposes of these Regulations—

(a) common or unenclosed land forms separate premises from other land unless—

(i) the parcels of land adjoin, and

(ii) all animals kept on each parcel of land are in the charge of the same person;

(b) a notice which is to be served on the occupier of premises wholly or partially comprising any common or unenclosed land is validly served if served on every keeper of animals kept there (so far as those persons are reasonably ascertainable);

(c) a requirement or restriction imposed on the occupier of premises wholly or partially comprising any common or unenclosed land applies to every keeper of animals kept there.

Licences and declarations

4.—(1) A licence granted to any person under these Regulations—

(a) shall be in writing;

(b) may, in addition to any conditions authorised by other provisions of these Regulations, be made subject to such conditions as the Department considers necessary to prevent the spread of disease; and

(c) may be amended, suspended or revoked at any time.

(2) A declaration made under these Regulations shall be in writing.

(3) Any amendment to or revocation of a declaration shall be made by further declaration.

Notices

5.—(1) A notice served on any person under these Regulations may be amended or revoked in writing at any time.

(2) A notice which—

(a) is served on the occupier of premises; and

(b) imposes a requirement or restriction in respect of those premises,

shall contain a description of the premises sufficient to enable the extent of the premises to be ascertained.

(3) Such a description may be amended in writing by an inspector if he is satisfied that it does not describe an appropriate area for the purposes of investigating and monitoring the spread of disease in respect of animals which are usually kept together.

Dissemination of information concerning prohibitions and requirements

6.—(1) The Department shall take such steps as it considers fit to ensure that licences, declarations and notices are brought to the attention of those who may be affected by them as soon as is reasonably practicable.

(2) It shall also ensure that—

(a) the extent of any zone declared under these Regulations;

(b) the nature of the prohibitions and requirements applicable within the zone;

(c) the date of its declaration; and

(d) the date that declaration ceases to have effect in respect of the zone or any part of it,

are publicised.

Disinfection

7.  Disinfection under this Order shall be carried out with a disinfectant which is—

(a) approved for use for the purpose of these regulations, the foot and Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) and by the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 1972 (11); and

(b) used in accordance with the manufacturer’s instructions or recommendations (if any) and in particular, if use is recommended before any date, used before that date.

PART II NOTIFICATION, SUSPICION AND INVESTIGATION OF DISEASE

Notification of disease or suspected disease

8.—(1) Subject to paragraph (5) a person who has in his possession or charge an animal or carcase which is infected or suspected of being infected shall immediately notify the Divisional Veterinary Office.

(2) Subject to paragraph (5) a person who in the course of his occupation discovers that an animal or carcase not in his possession or charge is infected or suspected of being infected shall immediately notify the Divisional Veterinary Office.

(3) If the occupier of any premises notifies a Divisional Veterinary Officer under this regulation of an animal or carcase at those premises or becomes aware of such a notification, Schedule 1 shall then apply in respect of those premises.

(4) Without prejudice to paragraph (3), if a Divisional Veterinary Officer receives a notification under this regulation in relation to an animal or carcase from someone other than the occupier of the premises where the animal or carcase is located, he may serve a notice on the occupier informing him of the notification and Schedule 1 shall then apply in respect of those premises.

(5) Paragraphs (1) and (2) shall not apply to a person in possession of or carrying the disease pathogen in accordance with the terms of a licence granted under the Specified Animal Pathogens Order (Northern Ireland) 1999(12).

Notice of suspicion of disease

9.—(1) If an inspector knows or suspects that disease is present or has in the previous 56 days been present on any premises, he shall immediately serve a notice on the occupier stating that fact and Schedule 1 shall then apply in respect of those premises.

(2) If an inspector knows or suspects that an animal suspected of being contaminated is present or has within 56 days been present on any premises, he shall immediately serve a notice on the occupier stating that fact and Schedule 1 shall then apply in respect of those premises.

Suspicion of disease in an animal in transit

10.—(1) If an inspector knows or suspects that an animal in transit is infected or contaminated he shall immediately serve a notice on the keeper of the animal(if present) and on the person in charge of the vehicle in which it is carried—

(a) stating that fact;

(b) directing the transport of the animal and any animal with it to such premises as he considers fit; and

(c) detaining any vehicle, equipment or other thing suspected of contamination at a suitable place until it has been cleansed and disinfected in accordance with any direction given by the inspector.

(2) The inspector shall immediately serve a notice under regulation 9 on the occupier of premises—

(a) from which the animals originated; and

(b) to which animals are directed on their arrival,

stating that those premises are under restriction and Schedule 1 shall then apply in respect of those premises.

(3) Any expenses arising out of the transport of any animal (including for feeding, watering and other welfare) under this regulation shall be paid by its owner.

(4) The person in charge of any vehicle detained under paragraph (1)(c) shall cleanse and disinfect it without delay at his own expense in accordance with the Transport of Animals and Poultry (Cleansing and Disinfection) Order (Northern Ireland) 2000(13) and with any additional requirements an inspector imposes by serving a notice on him.

(5) The person in charge of any equipment or other thing detained under paragraph (1)(c) shall cleanse and disinfect it at his own expense and in accordance with the directions of an inspector.

Veterinary inquiry into the existence of disease and declaration of suspect premises and infected premises

11.—(1) The Chief Veterinary Officer shall ensure that the presence or suspicion of infection or contamination is investigated in accordance with this regulation by an inspector as soon as is reasonably practicable.

(2) The Chief Veterinary Officer shall ensure that the presence or absence of disease on any premises within a temporary control zone—

(a) where an inspector has reasonable grounds for believing that disease is present or has been present in the preceding 56 days; or

(b) where susceptible animals are kept or have in the 56 days before the declaration of that zone been kept,

is investigated in accordance with this regulation by an inspector as soon as is reasonably practicable.

(3) The inspector carrying out investigations in pursuance of this regulation shall take all steps he considers necessary to determine whether disease is present or has been present on the premises to which his investigations relate in the 56 days before the commencement of the investigation and any related circumstances.

(4) Subject to paragraph (5) in taking such steps he shall ensure that any samples necessary for that determination are taken.

(5) Sampling shall not be considered necessary on premises which the Chief Veterinary Officer considers to be epidemiologically linked with a primary source of disease for which samples have already been taken.

(6) The inspector carrying out investigations in pursuance of this regulation may mark any animal, carcase or other thing liable to spread disease found on the premises.

(7) The occupier of any premises under such investigation shall—

(a) make any records required for an investigation under this regulation available to the inspector investigating on demand; and

(b) give such information as he possesses to that inspector concerning—

(i) the diseased or suspected animal or carcase; and

(ii) any other animal or carcase or land or premises where animals are kept.

(8) If the inspector carrying out investigations in pursuance of this regulation considers it necessary to submit a serological sample for testing to determine whether disease exists or has within 56 days existed on the premises, he shall declare the premises to be suspect premises.

(9) If his opinion is that disease exists or has in the 56 days before the commencement of the investigation existed on any premises the inspector shall communicate to a Divisional Veterinary Officer that fact and his opinions on at least the following—

(a) the earliest date disease was present there;

(b) the origin of disease;

(c) any other premises which may have been contaminated from the same origin;

(d) the extent to which any animal other than bovine animals or swine may have been infected or contaminated;

(e) any premises to or from which disease may have been carried;

(f) any other premises which he suspects to be contaminated;

(g) whether any premises under inquiry comprise two or more separate production units in accordance with paragraph 3A(7) of Part I of Schedule 2 to the Order(14),

and in sub-paragraphs (c), (e) and (f) “premises” includes premises outside Northern Ireland.

(10) The Chief Veterinary Officer shall consider and may confirm every opinion communicated to him under this regulation.

(11) Where the Chief Veterinary Officer concludes after consideration of any opinion communicated to him under this regulation, that one or more of the criteria in Schedule 2 are satisfied in respect of any premises, he shall confirm the presence of the disease on the premises in question.

(12) If the Chief Veterinary Officer confirms disease at any premises the Department shall declare those premises to be infected premises.

(13) A declaration made under paragraph (8) or (12) this regulation shall be by notice served on the occupier.

(14) Any infected premises is an infected premises for the purposes of the Order.

Separate production units

12.—(1) The Department may by notice served on the occupier of any premises (other than infected premises) investigated under regulation 11 declare that they are to be regarded as two or more separate production units if the Chief Veterinary Officer advises at the time of the veterinary inquiry that in his opinion—

(a) the premises comply with the criteria in sub-paragraphs (a) to (c) of paragraph 3A(7) of Part I of Schedule 2 to the Order; and

(b) each of those paragraphs has applied continuously for at least—

(i) 28 days immediately prior to the date of the inquiry, if only bovine animals or swine have been on the premises within that period, or

(ii) 42 days immediately prior to that date in any other case.

(2) A declaration under paragraph (1) shall identify and designate the boundaries of each separate unit and shall declare every separate unit which is free of disease to be a free unit.

(3) An unit shall cease to be a free unit on—

(a) variation of the notice declaring it such that it is no longer declared to be a free unit; or

(b) revocation of the notice.

Tracing of possible disease spread

13.—(1) The Department shall declare premises (other than infected premises) to be suspect premises where the Chief Veterinary Officer advises that he suspects them of contamination from premises already declared to be suspect or infected premises or from a suspected case of disease outside Northern Ireland.

(2) The Department shall declare premises (other than infected premises or suspect premises) to be contact premises where the Chief Veterinary Officer advises either—

(a) that disease may have been carried there from any premises; or

(b) that disease may have been carried to any premises from there,

and in sub-paragraphs (a) and (b) “premises” includes premises outside Northern Ireland.

(3) A declaration under this regulation shall be by notice served on the occupier.

(4) The Department shall ensure that any premises declared to be suspect premises or contact premises under this regulation are subjected to investigation in accordance with regulation 11 as soon as is reasonably practicable.

(5) Where, following a declaration under regulation 12(1), premises are to be regarded as consisting of separate production units the Department shall amend any declaration under paragraph (2) to specify to or from which units disease may have been carried and only those units so specified shall form the contact premises.

(6) Schedule 1 applies to suspect premises or contact premises declared under this regulation.

Maintenance of measures in respect of premises

14.—(1) If premises are declared to be infected premises, they shall no longer be suspect premises or contact premises.

(2) Schedule 1 shall continue to apply to premises if they are declared to be infected premises.

(3) The Department shall not revoke any notice declaring premises to be suspect premises until there is no longer any suspicion of infection or contamination there.

(4) The Department shall not revoke any notice declaring premises to be contact premises until there is no longer any suspicion that disease may have been carried there or from there.

(5) The Department shall not revoke any notice declaring premises to be infected premises until completion of the final cleansing and disinfection measures in paragraphs 5 to 7 of Part II of Schedule 3.

Declaration of a temporary control zone

15.—(1) On the declaration of any suspect premises the Department shall also declare an area around those premises of such size as it considers fit to prevent the spread of disease to be a contemporary control zone.

(2) If the Department is satisfied that an animal or carcase in the Republic of Ireland is suspected of being infected or contaminated, it may declare a temporary control zone in such part of Northern Ireland and of such size as it considers fit to prevent the spread of disease.

(3) An area shall remain a temporary control zone (or part of one) until—

(a) it becomes part of a protection zone or a surveillance zone; or

(b) the Department is advised by the Chief Veterinary Officer that he no longer suspects infection there.

(4) If the Department is advised as mentioned in paragraph (3)(b)—

(a) It shall revoke the declaration creating the temporary control zone in question if the area comprises the whole of that zone; or

(b) If the area does not comprise the whole of that zone, it shall amend the declaration so as to exclude that area.

(5) Any amendment or revocation of a declaration creating a temporary control zone shall refer to that declaration and state the date and time it is to take effect.

(6) Any premises which are partly inside and partly outside a temporary control zone shall be deemed to be wholly inside it.

(7) Nothing in paragraph (6) shall deem any part of a premises outside Northern Ireland to be inside a temporary control zone.

Measures applicable in respect of a temporary control zone

16.—(1) A person shall not move any susceptible animal into or out of a temporary control zone, except where the movement is—

(a) through the zone without stopping; or

(b) necessary to complete a journey started before the creation of the zone.

(2) Subject to paragraph (3), a person shall not move any susceptible animal from or to premises in a temporary control zone (without leaving that zone) except to complete a journey started before the creation of that zone or under the authority of a licence granted by the Department.

(3) The Department may, after considering the factors in paragraph (4), declare that instead of the restriction in paragraph (2) all the following measures apply in a temporary control zone—

(a) the occupier of any premises in the zone where susceptible animals are kept shall create and maintain a record in accordance with paragraph 1 of Schedule 1;

(b) the occupier of any premises in the zone where susceptible animals are kept shall isolate animals in accordance with paragraph 3 of Schedule 1 and comply with the requirements of any notice served on him under that paragraph;

(c) Paragraphs 4 to 7 and 10 and 11 of that Schedule shall apply to premises in the zone where susceptible animals are kept.

(4) When considering a declaration under paragraph (3), the Department shall take into account the following factors in respect of the temporary control zone—

(a) the density of the population of susceptible animals;

(b) the intensity of movements of animals or persons having contact with susceptible animals;

(c) any suspected delay in detecting suspicion of infection or contamination;

(d) the information available to it as to the possible origin and method of introduction of the disease virus; and

(e) any other factor it considers relevant in deciding whether such a declaration will help prevent the spread of disease and is reasonable in the circumstances.

(5) The measures in paragraphs (2) and (3) apply—

(a) subject to regulation 19(2)(b), and

(b) in addition to any requirement or restriction which applies in any part of a temporary control zone because that part falls within—

(i) a vaccination zone or vaccination surveillance zone, or

(ii) a wild animal infected zone.

Supplementary measures in respect of a temporary control zone: straying of susceptible animals

17.—(1) The owner or keeper of a susceptible animal in a temporary control zone shall take all such steps as are necessary to prevent it from straying from the premises on which it is kept.

(2) An inspector may detain any stray or feral susceptible animal found in a temporary control zone.

Declaration of supplementary movement control zone

18.—(1) When a temporary control zone has been declared, the Department may also declare a supplementary movement control zone which—

(a) shall be of such size as it considers fit to prevent the spread of disease; and

(b) shall include that temporary control zone.

(2) An area shall remain a supplementary movement control zone (or part of one) until—

(a) it becomes part of a protection zone or a surveillance zone;

(b) the declaration of the temporary control zone included within it ceases to have effect;

(c) the Department amends the declaration of the supplementary movement control zone so as to exclude that area; or

(d) the Department revokes the declaration of the supplementary movement control zone.

(3) Any amendment or revocation of a declaration creating a supplementary movement control zone shall refer to that declaration and state the date and time it is to take effect.

(4) Any premises which are partly inside and partly outside a supplementary movement control zone shall be deemed to be wholly inside it.

(5) Nothing in paragraph (4) shall deem any part of a premises outside Northern Ireland to be inside a supplementary movement control zone.

(6) A supplementary movement control zone applies in respect of—

(a) susceptible animals; and

(b) any class of non-susceptible animal specified in the declaration in question during a period also specified in that declaration which shall not exceed 72 hours from the time the declaration was made unless justified by exceptional circumstances.

Measures applicable in respect of a supplementary movement control zone

19.—(1) A person shall not move an animal in respect of which a supplementary movement control zone applies from or to any premises in a such a zone or into or out of such a zone except where the movement is—

(a) through the zone without stopping;

(b) necessary to complete a journey started before the creation of the zone; or

(c) the movement of a horse for veterinary treatment under the authority of a licence granted by the Department.

(2) Paragraph (1) applies—

(a) without prejudice to regulation 16(1); or

(b) in a temporary control zone in place of regulation 16(2) or, where there was a declaration of measures in a temporary control zone under regulation 16(3), in place of paragraph 4 of Schedule 1; and

(c) in addition to any requirement or restriction which applies in any part of a temporary control zone or a supplementary movement control zone because that part falls within—

(i) a vaccination zone or vaccination surveillance zone, or

(ii) a wild animal infected area.

(3) When granting a licence under paragraph (1)(c) the Department shall take account of the recommended measures in paragraph 2.1 of Annex VI to the Directive.

PART III MEASURES FOLLOWING CONFIRMATION OF DISEASE

Tracing of products originating on infected premises

20.—(1) The Department shall trace all milk, milk products, meat, meat products, carcases, hides and skins and wool, semen, ova and embryos derived from susceptible animals originating on infected premises.

(2) After tracing any semen, ovum or embryo, the Department shall, by notice served on the person in charge of it, direct that person to dispose of it.

(3) After tracing any other item referred to in paragraph (1), the Department shall, by notice served on its owner, or if the owner is not readily ascertainable, the person in charge of it, direct the owner or that person to either—

(a) arrange for such treatment as the Department considers necessary to ensure the destruction of the disease virus; or

(b) dispose of it.

Notice of intention to slaughter animals

21.—(1) Where the Department proposes to slaughter an animal under paragraph 3, 3A or 3B of Part 1 of Schedule 2 to the Order it shall serve notice of its intention to cause such slaughter—

(a) on the occupier of the premises where the animal is kept; or

(b) where the animal is in transit, on the person in charge of it.

(2) Paragraph (1) does not apply where the Department intends to cause the slaughter of a stray or feral animal detained by an inspector under regulation 17(2) or under paragraph 2(2) of Part I of Schedule 5 or paragraph 5(2) of Schedule 7.

Sampling and clinical examination of a susceptible animal before slaughter

22.  Where the Department serves notice of its intention to cause the slaughter of a susceptible animal under paragraph 3, 3A or 3B of Part I of Schedule 2 to the Order, it shall ensure that any sampling and clinical examination it considers necessary to carry out under a veterinary inquiry in regulation 11 has been undertaken before, or immediately following, such slaughter.

Place of slaughter

23.—(1) This regulation applies where the Department serves notice under regulation 21 of its intention to cause the slaughter of a susceptible animal under paragraph 3, 3A or 3B of Part I of Schedule 2 to the Order.

(2) Subject to paragraph (5) where the animal to be slaughtered is on particular premises, slaughter shall take place there without delay.

(3) Paragraph (2) shall not apply where—

(a) in the opinion of the Department the slaughter on those premises would be an unsatisfactory method of preventing the spread of disease; or

(b) the premises are a slaughterhouse.

(4) In the case referred to in paragraph (3) the Department may direct that slaughter be carried out at another place it considers satisfactory for the purpose of preventing the spread of disease.

(5) Where the animal to be slaughtered is in transit, it shall be transported to such place for slaughter as the Department may direct as soon as is reasonably practicable and before slaughter.

(6) In directing transport to any place under this regulation the Department shall grant a licence under Schedule 1 authorising movement of the animal, persons and vehicle necessary for that action under such conditions as it considers fit to minimise the risk of spread of disease.

Slaughter: control of carcases

24.—(1) This regulation applies to every carcase of a susceptible animal on premises where the Department has caused the slaughter of an animal under paragraph 3, 3A or 3B of Part I of Schedule 2 to the Order.

(2) A person shall not move any carcase to which this regulation applies from the premises except for disposal and under the authority of a licence granted by the Department.

(3) The Department shall ensure that every carcase to which this regulation applies is disposed of without undue delay, and in so ensuring—

(a) It may serve a notice on the occupier requiring immediate disposal or disposal within a specified period; and

(b) It shall grant any necessary licence under paragraph (2).

(4) A person shall not, except under the authority of a licence granted by the Department, dig up or cause to be dug up the carcase of any animal which has died of disease or has been slaughtered by the Department.

Slaughter: control of faecal material

25.—(1) This regulation applies to premises where the Department has caused the slaughter of an animal under paragraph 3, 3A or 3B of Part I of Schedule 2 to the Order.

(2) A person shall not move any dung, manure, slurry or used litter of a susceptible animal from premises in relation to which this regulation applies except—

(a) for disposal under the authority of a licence granted by the Department; or

(b) where such material is from a slaughterhouse, for treatment in accordance with point 5 of Section II in Part A of Chapter III of Annex VIII to Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption, as amended(15), and under the authority of a licence granted by the Department.

Slaughter: isolation of things liable to spread disease

26.—(1) This regulation applies to the occupier of—

(a) any premises, other than a slaughterhouse, where the Department has caused the slaughter of an animal under paragraph 3, 3A or 3B of Part I of Schedule 2 to the Order;

(b) any premises, other than a slaughterhouse, where the Department has caused the slaughter of an animal under paragraph 3, 3A or 3B of Part I of Schedule 2 to the Order, in a case where it directs that this regulation applies; and

(c) any slaughterhouse where the Department has caused the slaughter of an animal under The Foot-and Mouth Disease (Control of Vaccination) Regulations (Northern Ireland) 2006 or the Order in a case where it directs that this regulation applies.

(2) Subject to paragraph (3) a person to whom this regulation applies shall isolate all milk, milk products, meat, meat products, carcases, hides and skins, wool, semen, embryos, ova, slurry, manure, animal feed and used litter on the premises until—

(a) the Department declares by notice served on that person that all such items are free of contamination; or

(b) all such items have been treated in accordance with its directions; or

(c) the Department grants a licence authorising any such item to be removed from the premises to be treated in accordance with Regulation (EC) No. 1774/2002 as amended.

(3) Paragraph (2) does not apply to milk on free units where this is authorised by a licence granted by the Department.

(4) A licence granted under paragraph (3) shall contain terms requiring that—

(a) where it is for human consumption, the milk is subjected to one of the treatments in paragraph 3 of Part IV of Schedule 6; or

(b) where it is not for human consumption, the milk is subjected to one of the treatments in paragraph 4 of Part IV of Schedule 6.

Slaughter: cleansing and disinfection of premises other than slaughterhouses

27.—(1) This regulation applies to any premises, other than a slaughterhouse, where the Department has caused the slaughter of an animal under paragraph 3, 3A or 3B of Part I of Schedule 2 to the Order and to any vehicle on those premises after—

(a) disposal of all carcases from those premises in accordance with regulation 24; and

(b) if regulation 26(2) applies, isolation of the items referred to in that paragraph.

(2) The Department shall ensure that every building, other part of the premises, vehicle used to carry a susceptible animal and any other thing or place on the premises normally used by an animal which may be contaminated is cleansed and disinfected in accordance with Schedule 3.

(3) The Department shall ensure that any part of the premises normally used by humans to the exclusion of an animal (including a dwelling) it suspects to be contaminated is cleansed and disinfected in accordance with Schedule 3.

Slaughter; cleansing and disinfection of slaughterhouses

28.—(1) This regulation applies to a slaughterhouse where the Department has caused the slaughter of an animal under paragraph 3, 3A or 3B of Part 1 of Schedule 2 to the Order, and to any vehicle there, after—

(a) the disposal of all carcases in accordance with regulation 24; and

(b) if the Department grants a licence under regulation 25(2), removal for disposal or treatment of the items referred to in that sub-paragraph.

(2) The Department shall ensure that every building and place, equipment, vehicle and other thing which may be contaminated on premises to which this regulation applies are cleansed and disinfected in accordance with Schedule 3.

(3) A person shall not move any animal onto the premises until at least 24 hours after completion of the final cleansing and disinfection measures in paragraphs 5 to 7 of Part II of Schedule 3.

Declaration of protection zones and surveillance zones on confirmation of disease in Northern Ireland

29.—(1) The Department shall, declare an area to be a protection zone and an area to be a surveillance zone in the circumstances mentioned in paragraph (2).

(2) The circumstances referred to in paragraph (1) are when the Chief Veterinary Officer confirms disease on premises in Northern Ireland, other than—

(a) at a slaughterhouse; or

(b) on premises to which infected or contaminated animals have been transported following a direction under regulation 10(1)(b).

(3) The Department may declare an area to be a protection zone in the circumstances mentioned in paragraph (4) and if it decides to do so, it shall also declare an area to be a surveillance zone.

(4) The circumstances referred to in paragraph (3), are when the Chief Veterinary Officer confirms the disease—

(a) at a slaughterhouse in Northern Ireland;

(b) on premises in Northern Ireland to which an infected or contaminated animal has been transported following a direction under regulation 10(1)(b); or

(c) at premises in the Republic of Ireland.

(5) Subject to paragraph (6), a protection zone or surveillance zone declared under this regulation shall be of such size as the Department considers fit to prevent the spread of disease.

(6) A declaration under this regulation shall designate—

(a) the extent of the protection zone which shall be centred on infected premises and of at least three kilometres minimum radius; and

(b) the extent of the surveillance zone which shall be centred on the same premises and of at least ten kilometres minimum radius.

(7) The Department may declare by notice that any other measure it considers fit so as to prevent the spread of disease shall apply in respect of the whole or any part of any protection or surveillance zone and any such measure shall then apply in respect of that protection or surveillance zone or that part of it.

(8) The Department shall ensure that signs marking the boundaries of protection and surveillance zones are erected in a conspicuous position on roads entering those zones.

(9) The Department shall take such steps as it considers necessary to ensure that all persons within the zone are made fully aware of the restrictions in force in relation to that zone.

Declaration of protection zones and surveillance zones on confirmation of the disease in the Republic of Ireland

30.—(1) If the Department is satisfied that the disease is present on premises (other than a slaughterhouse) in the Republic of Ireland—

(a) it shall declare an area to be a protection zone if those premises are situated within three kilometres of the border with Northern Ireland; and

(b) it shall declare an area to be a surveillance zone if those premises are situated within ten kilometres of that border.

(2) If the Department is satisfied that the disease is present at—

(a) any premises in the Republic of Ireland situated more than ten kilometres from the border with Northern Ireland, or

(b) a slaughterhouse or border inspection post in the Republic of Ireland situated within ten kilometres of the border with Northern Ireland,

it may declare an area to be a protection zone, or an area to be a surveillance zone, or both, in Northern Ireland.

(3) Subject to paragraph (4), a protection zone or surveillance zone declared under this regulation shall be of such size as the Department considers fit so as to prevent the spread of disease.

(4) A declaration under this regulation shall designate the extent of any protection zone or surveillance zone declared and the Department shall ensure that—

(a) any such zone abuts the border with the Republic of Ireland;

(b) any protection zone extends from that border such that its boundary is at least three kilometres from that border;

(c) any surveillance zone extends from that border such that its boundary is at least ten kilometres from that border.

Protection zones and surveillance zones: general provisions

31.—(1) Any premises which are partly inside and partly outside a protection zone shall be deemed to be wholly inside that zone.

(2) Any premises (except premises which are also partly inside a protection zone) which are partly inside and partly outside a surveillance zone shall be deemed to be wholly inside that zone.

(3) Any protection zone or surveillance zone is an infected area for the purposes of the Order.

(4) Nothing in paragraph (1) shall deem any part of a premises outside Northern Ireland to be inside a protection zone and nothing in paragraph (2) shall deem any such part of a premises to be inside a surveillance zone.

Measures applicable in respect of protection zones and surveillance zones

32.—(1) The measures in Parts I and II of Schedule 5 apply in respect of a protection zone and those in Parts I and III of Schedule 5 apply in respect of a surveillance zone.

(2) The Department may declare that any other measure it considers fit so as to prevent the spread of disease applies in respect of the whole or any part of any protection zone or surveillance zone and any such measure shall then apply in respect of that protection zone or surveillance zone or that part of it.

(3) The Department shall not make a declaration under paragraph (2), unless it is satisfied that the measures to be applied by that declaration are—

(a) necessary to prevent the spread of disease; and

(b) a proportionate method of preventing such spread, taking into account the epidemiological, animal husbandry, commercial and social conditions in the protection zone or surveillance zone.

(4) The Department shall take into account the recommended measures in paragraph 2.2 of Annex VI to the Directive before restricting the movement of horses in a surveillance zone by a declaration under paragraph (2).

(5) An area shall remain a protection or surveillance zone until the declaration creating it is amended or revoked in accordance with regulation 34.

Veterinary inspection of premises in protection zones and surveillance zones

33.—(1) The Department shall ensure that every premises within a protection zone or a surveillance zone where susceptible animals are kept is inspected by an inspector as regularly as it considers fit to prevent the spread of disease.

(2) An inspector inspecting premises under this regulation shall ensure that the inspection includes—

(a) clinical inspection of all susceptible animals; and

(b) inspection of the records required to be created and maintained by paragraph 1 of Schedule 5.

Amendment and revocation of declarations creating protection zones and surveillance zones

34.—(1) The Department may, where it is satisfied that the conditions in paragraph (2) are met, amend the declaration creating a protection zone so that the area within its boundaries becomes part of the surveillance zone centred on the same premises.

(2) The conditions for amendment of a declaration creating a protection zone are—

(a) at least 15 days have elapsed since the completion of any preliminary cleansing and disinfection in that protection zone; and

(b) a survey of all susceptible animals to substantiate the absence of infection has been carried out on behalf of the Department in that protection zone with negative results.

(3) The Department may, where it is satisfied that the conditions in paragraph (4) are met, revoke the declaration creating a surveillance zone.

(4) The conditions for revocation of a declaration creating a surveillance zone are—

(a) at least 30 days have elapsed since completion of any cleansing and disinfection in the area within the boundaries of that surveillance zone; and

(b) if the declaration creating that surveillance zone also created a protection zone centred on the same premises, it has previously been amended so that the protection zone has become part of the surveillance zone;

(c) if the declaration creating that surveillance zone did not create a protection zone centred on the same premises, any zone in the Republic of Ireland having equivalent effect to a protection zone and centred on the same premises as that surveillance zone is no longer in effect; and

(d) a survey of susceptible animals to substantiate the absence of infection has been carried out in that surveillance zone since that amendment on behalf of the Department with negative results.

(5) An amendment or revocation under this regulation shall refer to the declaration creating the protection zone and surveillance zone and specify the date and time the amendment or revocation is to take effect.

(6) In this regulation, “preliminary cleansing and disinfection” means cleansing and disinfection undertaken in accordance with paragraphs 2 and 3 of Part II of Schedule 3 as required by regulations 27 and 28 and ending 24 hours after the application of disinfectant.

Declaration of a restricted zone

35.—(1) The Department shall declare a restricted zone if the Chief Veterinary Officer advises it that in his opinion disease has become extensive in Northern Ireland and the declaration of such a zone would prevent its spread.

(2) The Department may, on confirmation by the Chief Veterinary Officer of disease on premises in Northern Ireland, declare an area to be a restricted zone.

(3) A restricted zone shall be in such part of Northern Ireland and of such size as the Department considers fit to prevent the spread of disease, having considered a thorough epidemiological assessment of the situation.

(4) The epidemiological assessment shall include consideration of the of the possible time and probable location of introduction of disease to Northern Ireland, its possible spread and the probable period of time necessary to eradicate it.

(5) An area shall remain a restricted zone (or part of one) until—

(a) such date as may be stated in the declaration;

(b) the Department amends the declaration to exclude that area; or

(c) the Department revokes the declaration.

(6) Any amendment or revocation of a declaration creating a restricted zone shall refer to that declaration and state the date and time it is to take effect.

(7) Subject to paragraph (8) any premises which are partly inside and partly outside a restricted zone shall be deemed to be wholly inside that restricted zone.

(8) Paragraph (7) does not apply to premises which are also partly inside—

(a) a temporary control zone; or

(b) a supplementary movement control zone;

(c) a protection zone;

(d) a surveillance zone;

(e) a vaccination zone;

(f) a vaccination surveillance zone; or

(g) a wild animal infected zone.

(9) The Department shall take such steps as it considers necessary to ensure that all persons within the zone are made fully aware of the restrictions in force in relation to that zone.

(10) Nothing in paragraph (7) shall deem any part of a premises outside Northern Ireland to be part of a restricted zone.

Measures applicable in respect of a restricted zone

36.—(1) The measures in Schedule 7 apply in respect of a restricted zone in addition to any requirements or restriction applying in any part of it because that part falls within a zone listed in regulation 35(8).

(2) The Department may declare by notice any other measure it considers fit so as to prevent the spread of disease in respect of the whole or any part of any restricted zone and any such measure shall then apply in respect of that restricted zone or that part of it.

Presence of disease in a wild animal and declaration of a wild animal infected zone

37.—(1) The Department shall, on confirmation of the disease in a wild animal in Northern Ireland, declare an area to be a wild animal infected zone.

(2) The Department may, if it is satisfied that disease is present in a wild animal in the Republic of Ireland, declare a wild animal infected zone in Northern Ireland.

(3) A wild animal infected zone shall be in such part of Northern Ireland and of such size as the Department considers fit to prevent the spread of disease.

(4) An area shall remain a wild animal infected zone (or part of one) until—

(a) such date as may be stated in the declaration;

(b) the Department amends the declaration to exclude that area; or

(c) the Department revokes the declaration.

(5) Any amendment or revocation of a declaration creating a wild animal infected zone shall refer to that declaration and state the date and time it is to take effect.

(6) Any premises which are partly inside and partly outside a wild animal infected zone shall be deemed to be wholly inside that zone.

(7) Nothing in paragraph (6) should deem any part of a premises outside Northern Ireland to be within a wild animal infected zone.

(8) Any wild animal infected zone is an infected area for the purposes of the Order.

Measures applicable in a wild animal infected zone

38.—(1) The measures in Schedule 8 apply in respect of a wild animal infected area in addition to any measures applying in any part of it because that part falls within—

(i) a protection zone;

(ii) a surveillance zone;

(iii) a vaccination zone; or

(iv) a vaccination surveillance zone.

(2) The Department may declare that any other measure it considers fit so as to prevent the spread of disease applies in respect of the whole or any part of a wild animal infected zone and any such measure shall then apply in respect of that wild animal infected zone or part of it.

(3) The Department shall take such steps as it considers necessary to ensure that all persons within the zone are made fully aware of the restrictions in force in relation to that zone.

PART IV GENERAL AND SUPPLEMENTARY PROVISIONS

Production of licences

39.—(1) A person granted a licence under these Regulations shall, while executing the activity permitted by that licence, carry the licence and produce it to an inspector on demand.

(2) Paragraphs (3) and (4) apply where any of the following licences are granted for movement of susceptible animals between premises, unless that licence provides otherwise—

(a) a licence for movement to or from premises in a temporary control zone under regulation 16(2) or paragraph 4 of Schedule 1 (movement of a susceptible animal);

(b) a licence for movement to a slaughterhouse under paragraph 1 of Part II of Schedule 5 (movement of a susceptible animal from or to premises in a protection zone);

(c) a licence for movement to a slaughterhouse under paragraph 1 of Part III of Schedule 5 (movement of an animal from premises in a surveillance zone);

(d) a licence for movement to or from premises in a restricted zone under paragraph 1 of Schedule 7 (movement of a susceptible animal in a restricted zone).

(3) Where this paragraph applies, a person shall not unload susceptible animals on premises to which they are moved unless that person first gives the movement licence to the occupier of those premises or his authorised representative.

(4) Where this paragraph applies, the occupier of any premises to which susceptible animals are moved shall—

(a) forward the movement licence without delay to the Divisional Veterinary Office and, in the case of the occupier of a slaughterhouse, provide a copy to any official veterinary officer appointed for those premises;

(b) retain a copy of the licence for a period of six months and produce it on demand for inspection by an inspector;

(c) in the case of the occupier of a collecting centre, ensure that sheep are marked or tagged in accordance with the directions of an inspector so as to enable the identity of the collecting centre and the premises from which they were moved to be established throughout their onward movement to a slaughterhouse.

Further provision relating to certain premises

40.—(1) This regulation applies to the following premises—

(a) a laboratory, zoo, wildlife park or other premises where susceptible animals are kept principally for the purposes of display and education of the public, or an enclosed area principally used for shooting;

(b) premises not falling within (a) of a body, institute or centre which—

(i) keeps susceptible animals only for the purposes of conservation, display and education of the public, or scientific research or breeding of such animals for research, and

(ii) is approved in relation to those animals under regulation 9 of the Animal and Animal Products (Import and Export) Regulations (Northern Ireland) 2005(16);

(c) other premises where susceptible animals are kept for scientific purposes or purposes related to conservation of species or farm animal genetic resources.

(2) The Department shall take such steps as it considers necessary to prevent the spread of disease to premises to which this regulation applies.

(3) In taking such steps, the Department may—

(a) require the detention and isolation of any vehicle, equipment or other thing on premises to which this regulation applies and its subsequent cleansing and disinfection by serving a notice requiring such action on the occupier, or on the person in charge of the vehicle, equipment or other thing;

(b) require the cleansing and disinfection of any premises to which this regulation applies in accordance with Schedule 3 by serving a notice requiring such action on the occupier;

(c) require the removal, laundering, cleansing and disinfection or disposal of the clothing or footwear of any person by serving a notice on him;

(d) require any person to cleanse himself by serving a notice on him;

(e) require the detention or isolation in a specified place of any animal or poultry on premises to which this regulation applies by serving a notice on the occupier, or on its keeper;

(f) require the separation of any animal or poultry from other animals or poultry on premises to which this regulation applies by serving a notice on the occupier of the premises, or on its keeper;

(g) prohibit the movement of any animal from or to premises to which this regulation applies, or make such movement subject to the grant of a licence by serving a notice on the occupier prohibiting it or prohibiting it except under licence;

(h) prohibit the movement of any person or persons on to premises to which this regulation applies and which are open to the public, or make such movement subject to the grant of a licence by serving a notice on the occupier prohibiting it or prohibiting it except under licence.

Duty of the Department to erect signs

41.  The Department shall ensure that the boundaries of the following zones are indicated by signs erected in a conspicuous position on all roads entering the zones on which it considers susceptible animals are likely to be moved as soon as is reasonably practicable after declaration of the zones—

(a) every temporary control zone;

(b) every supplementary movement zone;

(c) every protection zone;

(d) every surveillance zone;

(e) every restricted zone;

(f) every wild animal infected zone.

Cleansing and disinfection of vehicles transporting susceptible animals

42.—(1) Subject to paragraph (3) where cleansing and disinfection of any vehicle in accordance with this regulation is required, it shall be carried out in accordance with the Transport of Animals and Poultry (Cleansing and Disinfection) Order (Northern Ireland) 2000(17) and with any additional directions an inspector imposes by serving a notice on the person in charge of the vehicle.

(2) Such cleansing and disinfection shall be undertaken—

(a) before loading; and

(b) after unloading and before leaving the premises of destination.

(3) Such cleansing and disinfection shall also be undertaken after loading and before leaving the premises of origin in respect of the wheels and wheel arches only of the vehicle to ensure they are clean on leaving the premises.

(4) In addition to the requirements of paragraph (1);

(a) the wheels, mudguards and wheel arches of a means of transport shall be cleansed whether or not they are soiled and whether or not the animals were transported in a container; and

(b) every part of a means of transport required to be cleansed shall also be disinfected.

Cleansing and disinfection of vehicles: provision of facilities, equipment and materials

43.  Where cleansing and disinfection of vehicles is required at any premises by these Regulations the occupier of those premises shall, at his own expense, provide adequate facilities and proper equipment and materials for that cleansing and disinfection.

Surveillance

44.  A person carrying out a clinical examination or serological sampling for the purposes of these Regulations shall do so in accordance with the requirements of Annex III of the Directive.

Testing

45.  A person carrying out a diagnostic test for the purposes of these Regulations shall do so in accordance with the requirements of Annex XIII of the Directive.

General conditions of movement

46.  An animal being moved in accordance with these Regulations or a licence granted under these Regulations shall be kept separate from all other animals except animals licensed to or from the same place and shall be moved by the nearest available route and without delay to the place of destination specified in the licence.

Restocking of premises following slaughter

47.—(1) This regulation applies to any premises where the Department has caused the slaughter under paragraph 3, 3A or 3B of Part I of Schedule 2 to the Order.

(2) A person shall not restock premises to which this regulation applies except under the authority of a licence granted by the Department and in accordance with the provisions of Schedule 4.

(3) A licence shall not be granted allowing restocking to commence—

(a) on premises to which paragraph 2 of Part IV of Schedule 3 applies until one year has elapsed following completion of such cleansing and disinfection as is undertaken; or

(b) on premises to which that paragraph does not apply, until 21 days after completion of the final cleansing and disinfection measures in paragraphs 5 to 7 of Part II of Schedule 3 on the premises.

Marks applied under these regulations

48.  A person shall not remove, obscure or erase a mark applied to any animal, carcase, animal product, vehicle or other thing under these Regulations unless an inspector has given written authority.

Change of occupation of premises under restriction

49.—(1) This regulation applies if the keeper of any animal or poultry is unable to move it from premises on the termination of his right of occupation because of a restriction imposed by or under these Regulations and continues to apply for 7 days after the last restriction is removed.

(2) Where this regulation applies, the person entitled to occupation of the premises on that termination shall—

(a) provide such facilities for feeding, tending or otherwise using the animal or poultry (including selling it) as the keeper may reasonably require, and

(b) allow entry to the premises to that keeper and any person authorised by him at reasonable times for feeding, tending or otherwise using the animal or poultry.

(3) If the keeper is unable or unwilling to feed or tend the animal or poultry, the person entitled to occupation of the premises shall ensure it is properly fed and tended.

(4) The keeper of the animal or poultry is liable to pay any reasonable costs incurred by a person under paragraph (3) in respect of the feeding or tending of it or otherwise using it under this regulation.

Reasonable assistance

50.  A person required to give assistance or information to a person acting under these Regulations shall, unless he has reasonable cause, do so without delay.

False information

51.  A person shall not furnish information which he knows to be false or misleading to a person acting under these Regulations.

Production of records

52.—(1) A person required to produce a record by a person under these Regulations shall do so without delay.

(2) On such production, a person acting under these Regulations may—

(a) copy any records, in whatever form they may be held;

(b) remove any records to enable them to be copied, or where they are kept electronically, require them to be produced in a form which may be taken away.

(3) A person removing records under this regulation shall give a written receipt to the person in charge of them.

Compliance with notices and directions

53.—(1) Any notice served under these Regulations shall be complied with at the expense of the person on whom it is served, except where otherwise provided in that notice.

(2) Any oral direction given under these Regulations shall be complied with at the expense of the person to whom it is given, except where otherwise provided in a written direction of the Department.

Retention of records

54.  Any person making a record required by these Regulations shall retain it for the following period—

(a) in the case of a record under paragraph 10 of Part I of Schedule 3, 6 years unless the record relates solely to cleansing and disinfection of a vehicle, in which case 6 months;

(b) in the case of a record made under—

(i) paragraph 1 of Schedule 1;

(ii) paragraph 1 of Part I of Schedule 5; or

(iii) paragraph 2 of Schedule 8,

three years after the requirement to maintain records in the relevant paragraph ceases to have effect in relation to the premises in question.

Power to prohibit entry to land or agricultural buildings in a protection zone

55.—(1) Subject to paragraph (2) an inspector may, notwithstanding the existence of any public footpath or other right of way, prohibit the entry of any person onto any premises in a protection zone by causing a notice to that effect to be displayed at every entrance to that premises.

(2) A person other than—

(a) the owner of any animal on that premises or a person authorised by him, who enters for the purpose of tending to that animal; or

(b) a person entering under the authority of a licence granted by an inspector,

shall not enter any premises in respect of which a notice is displayed under paragraph (1).

(3) A person shall not remove or alter any notice displayed under this regulation except at the direction of an inspector.

(4) Any prohibition on entry to premises imposed under this regulation is revoked if the declaration creating the protection zone in question is amended in accordance with regulation 34 so that the protection zone becomes part of a surveillance zone.

(5) Any prohibition on entry to premises imposed under this regulation may be revoked in whole or in part by—

(a) the removal of all relevant notices in accordance with the directions of an inspector; or

(b) a declaration of the Department.

General powers of inspectors to take action to prevent the spread of disease

56.—(1) This regulation applies to—

(a) any zone declared under these Regulations; and

(b) any premises subject to restriction under these Regulations, that is to say—

(i) premises subject to Schedule 1 by virtue of regulation 8(3), 8(4), 9(1), 9(2) or 10(2),

(ii) suspect premises,

(iii) contact premises, and

(iv) infected premises.

(2) Where this regulation applies, an inspector may, if he considers it necessary to prevent the spread of disease require—

(a) the detention and isolation of any vehicle, equipment or other thing and its subsequent cleansing and disinfection by serving a notice requiring such action on the occupier of the premises where it is present, or on the person in charge of it;

(b) the cleansing and disinfection of any premises in accordance with the relevant requirements of Schedule 3 by serving a notice requiring such action on the occupier of those premises;

(c) require the removal, laundering, cleansing and disinfection or disposal of the clothing or footwear of any person by serving a notice on him;

(d) require any person to cleanse himself by serving a notice on him;

(e) the detention or isolation in a specified place of any animal or poultry by serving a notice on the occupier of the premises where it is present, or on its keeper;

(f) the separation of any animal or poultry from other animals or poultry by serving a notice requiring it on the occupier of the premises where it is present, or on its keeper.

(3) A notice under this regulation may contain such directions and conditions as the person serving it considers necessary to prevent the spread of disease.

Powers of inspectors

57.—(1) The following provisions of the Order shall apply as if these Regulations were an order made under the Order—

(a) Article 46 (general powers of inspectors);

(b) Article 46A (powers of inspectors relating to Community obligations); and

(c) Article 48 (power to detain vessels and aircraft).

(2) An inspector may stop, detain and inspect any vehicle in the following areas to ascertain whether any of the provisions of these Regulations are being complied with within—

(a) any temporary control zone for the duration of its existence;

(b) any supplementary movement control zone for the duration of its existence;

(c) any protection zone for the duration of its existence;

(d) any surveillance zone for the duration of its existence;

(e) any restricted zone for the duration of its existence;

(f) any vaccination zone for the duration of its existence;

(g) any vaccination surveillance zone for the duration of its existence;

(h) any wild animal infected area for the duration of its existence.

Powers of inspectors in case of default

58.—(1) Where a person fails to comply with a requirement of these Regulations or a licence granted or direction made or notice issued under them an inspector may take any steps he considers necessary to ensure the requirement is met.

(2) Where a person fails to comply with a requirement of these Regulations or a licence granted or direction made or notice issued under them an inspector may take any steps he considers necessary to rectify the situation so as to prevent the spread of disease.

(3) In taking steps under paragraphs (1) or (2) an inspector may seize any animal exposed, moved, kept or otherwise dealt with in contravention of these Regulations or a licence granted or direction made or notice issued under them and detain or dispose of it.

(4) In taking steps under paragraph (2), an inspector may direct any person to take or refrain from specified action in respect of any place, animal, poultry, vehicle, animal product or other thing.

(5) The person in default shall reimburse any reasonable expenses incurred by the Department in taking such steps and any such debt is recoverable summarily.

Offences: no knowledge of restriction or requirement

59.  A person shall not be guilty of failing to comply with a restriction or requirement which applies because of the declaration of—

(a) a temporary control zone,

(b) a supplementary movement control zone,

(c) a protection zone,

(d) a surveillance zone,

(e) a restricted zone, or

(f) a wild animal infected zone,

if he shows to the court’s satisfaction that he did not know of that restriction or requirement and that he could not with reasonable diligence have obtained knowledge of it.

Enforcement, offences and proceedings

60.  The following provisions of the Order shall apply as if these Regulations were an order made under the Order—

(a) Article 18 (6) (general provisions relative to slaughter and compensation) and the Diseases of Animals (Valuation) Order (Northern Ireland) 1989(18);

(b) Article 42 (functions of constables);

(c) Article 52 (offences);

(d) Article 53 (defences and evidence);

(e) Article 55 (extension of time for bringing summary proceedings);

(f) Article 56 (venue);

(g) Article 57 (proceedings under Customs Acts for unlawful landing or shipping).

PART V AMENDMENTS AND REVOCATIONS

Amendment to the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 1972

61.  In Article 3 of the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 1972(19), for the definition of “special disease order” there shall be substituted,

““special disease order” means any order made or having effect under the Diseases of Animals (Northern Ireland) Order 1981 or any Regulations made or having effect under section 2(2) of the European Communities Act 1972 which deals with one or more particular special diseases;”.

Revocations

62.  The Statutory Rules listed in Schedule 9 are hereby revoked to the extent specified in that Schedule.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 17th February 2006.

L.S.

Liam McKibben

A senior officer of the

Department of Agriculture and Rural Development