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The African Horse Sickness (England) Regulations 2012

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This is the original version (as it was originally made).

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement in England the provisions of Council Directive 92/35/EEC laying down control rules and measures to combat African horse sickness (OJ L No 157, 10.6.1992 p19). They revoke the provisions of the Specified Diseases (Notification and Slaughter) Order 1992 and the Specified Diseases (Notification) Order 1996 in so far as they apply to African horse sickness.

Part 1 is introductory and includes definitions.

Part 2 deals with notification of suspicion of African horse sickness.

Part 3 and the Schedule make provision for where African horse sickness is suspected or confirmed on premises. Part 3 also deals with premises which have a link with infected premises and makes provision, following the declaration of premises as infected premises, to prevent horses from being brought onto other premises due to the risk of African horse sickness virus spreading.

Part 4 deals with slaughterhouses.

Part 5 makes special provision for non-captive horses.

Part 6 and the Schedule make provision for the establishment of area controls by way of declaration of different zones.

Part 7 prohibits vaccination against African horse sickness except in the circumstances set out there, and contains powers to declare a vaccination zone.

Part 8 contains provisions relating to inspection, enforcement and other matters.

These Regulations are enforced by the local authority.

Breach of any of the provisions listed in regulation 35 is an offence punishable on summary conviction or on conviction on indictment. On summary conviction, the offence is punishable with either a fine not exceeding the statutory maximum only, or (where there is a higher risk of the disease spreading due to the breach) a fine not exceeding the statutory maximum and imprisonment for a term not exceeding three months or both. On conviction on indictment, the offence is punishable with a fine or imprisonment for a term not exceeding six months or both.

Regulation 41 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that.

Regulation 2(1) refers to British Standard 7320, copies of which can be obtained from the website of the British Standards Institute (BSI), from any of the sales outlets operated by the BSI or by post from BSI Customer Services, 389 Chiswick High Road, London, W4 4AL.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is published on www.ialibrary.bis.gov.uk/uploaded/DEFRA0113%20AHS%20Final%20IA.pdf, and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

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