The Foot-and-Mouth Disease (Amendment) (Wales) (No. 13) Order 2001

Amendment of the Foot-and-Mouth Disease Order 1983

2.—(1) The Foot-and-Mouth Disease Order 1983(1) in so far as it applies to Wales is amended in accordance with the provisions of this article.

(2) In article 3(1) in the definition of “hunting” for the words “any drag trail” there is substituted the words “any drag or other trail”

(3) For article 3(6) there is substituted the following—

“(6) References in paragraph (5) above and in articles 41(2), 42(1) and 45(c) and (d) to licences shall be taken to include reference to a permit issued by a veterinary inspector under either article 29A(2)(d) or article 36(2)(d).”.

(4) In article 18—

(a) paragraph (4) is deleted;

(b) for paragraph (7) there is substituted the following paragraph—

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

(c) at the beginning of paragraph (8) there are inserted the words—

• “Subject to any provisions of the licence issued under paragraphs (1) or (2) above which impose a contrary requirement on the person moving the animals,”.

(5) In article 29A the following paragraph is inserted after paragraph (2)—

“(2A) In deciding whether to issue a licence under paragraph (2)(b) above or a permit under paragraph 2(d) above a veterinary inspector shall comply with any instructions which may have been issued by the Minister in relation to the issue of such licences or permits.”.

(6) In article 31—

(a) paragraph (2) is deleted;

(b) for paragraph (5) there is substituted the following paragraph—

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

(c) at the beginning of paragraph (6) there are inserted the words “Subject to any provisions of the licence granted under paragraph (1) above which impose a contrary requirement on the person moving the animals,”.

(7) In article 36

(a) for paragraph (2) there is substituted the following paragraph—

“(2) Nothing in paragraph (1) shall make it unlawful for—

(a) the occupier of any land, or for a member of a shooting party consisting of not more than three persons who are authorised by the occupier or are members of his or her household or who are persons employed by the occupier as beaters to shoot or attempt to shoot any deer found on that land;

(b) the occupier of any land or any group of not more than three persons who are authorised by the occupier or are members of his or her household to use any dog in connection with the killing on that land of any fox, hare, mink or rabbit found thereon provided that this shall not be taken to authorise the pursuit of any such quarry using dogs outside the boundaries of that land;

(c) a person to cull deer under the authority of a licence granted by an inspector and subject to any conditions set out therein; or

(d) a person to take part in hunting (other than hunting where deer is the quarry) under the authority of a permit granted by a veterinary inspector and subject to any conditions that may be specified therein.”; and

(b) after paragraph (2) there is added the following paragraph—

“(3) In deciding whether to issue:

(a) a licence under paragraph (2)(c) above (“case A”); or

(b) a permit under paragraph (2)(d) above (“case B”),

an inspector, in case A, and a veterinary inspector, in case B, shall comply with any instructions which may have been issued by the Minister in relation to the issue of such licences or permits.”.

(8) In article 37D in paragraph (1) for the words “articles 31, 35 and 37A” there are substituted the words “articles 31, 35, 36 and 37A above”.

(9) In article 41, at the beginning of paragraph (1)(b) the words “Subject to any provision in the licence imposing a contrary requirement on the person moving the animals,” are inserted.

(1)

S.I. 1983/1950, as amended by S.I. 1993/3119, S.I. 1995/2922 and as regards Wales, by S.I. 2001/572, (W.26), 2001/658 (W.33), 2001/968 (W.46), 2001/1033 (W.47) (itself amended by S.I. 2001/1234 (W.67)), 2001/1406 (W.93), 2001/1509 (W.106), 2001/1874 (W.134), 2001/2236 (W.162), 2001/2813 (W.242), 2001/2981 (W.248), 2001/3145 (W.260) and 2001/3706 (W.303).