The African Horse Sickness (England) Regulations 2012

PART 1 E+W Introduction

Citation, application and commencement E+W

1.  These Regulations—

(a) may be cited as the African Horse Sickness (England) Regulations 2012;

(b) apply in England; and

(c) come into force on 21st November 2012.

Commencement Information

I1 Reg. 1 in force at 21.11.2012, see reg. 1(c)

Interpretation E+W

2.—(1) In these Regulations—

“carcase” means a carcase or part of a carcase of a horse, but does not include a sample taken from a carcase;

“Chief Veterinary Officer” means the Chief Veterinary Officer for the United Kingdom;

“contact premises” means premises that have an epidemiological connection with infected premises, including those that due to their proximity to infected premises the Chief Veterinary Officer considers have an epidemiological connection with infected premises;

“equipment”, except in regulation 29(8)(a), means any equipment that has been in contact with blood or other bodily fluids from a horse, including needles and surgical or dental equipment, unless that equipment has either been sterilised following such contact or is securely confined in a sharps container complying with British Standard 7320(1) (or equivalent standard);

“genetic material” means any semen, ovum or embryo of a horse;

“horse” means any animal of the family Equidae and includes crossings of those animals;

“infected premises” means premises that have been declared to be infected premises under regulation 9(8) or 10(7);

“inspector” and “veterinary inspector” mean persons appointed as such for the purposes of the Animal Health Act 1981(2);

“premises” includes any place;

“suspect premises” means premises that have been designated as suspect premises under regulation 8(2);

“vector” means an insect of the genus Culicoides or any other species of arthropod capable of transmitting African horse sickness virus.

(2) In these Regulations, a reference to a notified horse or carcase is a reference to a horse or a carcase (as the case may be) which is the subject of a notification given under regulation 5(1).

Commencement Information

I2 Reg. 2 in force at 21.11.2012, see reg. 1(c)

References to occupier and additional obligations E+W

3.—(1) In these Regulations—

(a) a reference to an occupier of premises includes a reference to a person who has ownership or charge of a horse on the premises;

(b) the main occupier of premises is the person who has overall responsibility for the premises.

(2) Any notice required or authorised under these Regulations—

(a) to be served on the main occupier of premises may be served on any person appearing to the person serving the notice to be the main occupier;

(b) to be served on any other occupier of premises may be served on any person appearing to the person serving the notice to be that occupier.

(3) Where a notice has been served on a person referred to in paragraph (2), any reference in these Regulations to the main occupier or, as the case may be, any other occupier of the premises includes a reference to that person.

(4) Where the main occupier of premises is required to comply with any obligation under or by virtue of these Regulations, any other occupier of the premises must give the main occupier such assistance as is reasonably required to enable such compliance.

(5) Where the main occupier of premises has been served with a notice under these Regulations, the main occupier must take reasonable steps to inform (orally or otherwise) any other occupier of the premises and any other person entering the premises of any restrictions on the movement to or from the premises of any horse, carcase, equipment or genetic material arising from the service of the notice.

(6) A notice required or authorised under these Regulations to be served on the main occupier of premises may (in addition to it being served on the main occupier) be served on any other occupier of the premises.

Commencement Information

I3 Reg. 3 in force at 21.11.2012, see reg. 1(c)

Exemptions E+W

4.  These Regulations do not apply—

(a) to anything done under the terms of a licence granted under the Specified Animal Pathogens Order 2008(3), or

(b) at any border inspection post within the meaning of, and for so long as it remains approved for the purposes of, regulation 11 of the Trade in Animals and Related Products Regulations 2011(4).

Commencement Information

I4 Reg. 4 in force at 21.11.2012, see reg. 1(c)

(1)

ISBN 0 580 18481 1, published 29th June 1990.

(2)

1981 c. 22.

(3)

S.I. 2008/944 as amended by S.I. 2009/3083.

(4)

S.I. 2011/1197.