The Disease Control (Wales) Order 2003

PART 1 E+W Introduction

Title, application and commencement E+W

1.  This Order is called the Disease Control (Wales) Order 2003; it applies in relation to Wales and comes into force on 1st August 2003.

Commencement Information

I1 Art. 1 in force at 1.8.2003, see art. 1

Interpretation E+W

2.  In this Order—

“animals” (“anifeiliaid”) means cattle (excluding bison and yak), deer, goats, pigs and sheep;

“collecting centre” (“canolfan gasglu”) means premises used for the intermediate reception of animals intended to be moved elsewhere (but does not include a market or other place used for the sale or trading of animals unless all the animals there are intended for immediate slaughter);

“keeper” (“ceidwad”) means any person having care and control of animals even on a temporary basis and includes, for the purposes of article 13(2)(a), any person transporting the animals;

“land” (“tir”) includes common or unenclosed land;

“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“premises” (“safle”) includes land, with or without buildings;

[F1 “quarantine unit” (“uned gwarantin”) means a facility or premises approved in writing for quarantine purposes by a body accredited by the United Kingdom Accreditation Service (UKAS);]

“sole occupancy group” (“grŵp meddianaeth unigol”) has the meaning assigned by article 11;

“slaughterhouse” (“lladd-dy”) has the meaning it is given in the [F2 Food Hygiene (Wales) Regulations 2006];

“standstill period” (“cyfnod segur”) means a period when animals may not be moved off premises because of the provisions of articles 4 or 5;

F3 ...

and

“veterinary treatment” (“triniaeth filfeddygol”) includes, in the case of goats, the collection of semen.

Textual Amendments

F1 Words in art. 2 inserted (11.9.2017) by The Disease Control (Wales) (Amendment) Order 2017 (S.I. 2017/674), arts. 1(3), 3(b) (as amended by S.I. 2017/677, art. 3)

F2 Words in art. 2 substituted (11.9.2017) by The Disease Control (Wales) (Amendment) Order 2017 (S.I. 2017/674), arts. 1(3), 3(a) (as amended by S.I. 2017/677, art. 3)

F3 Words in art. 2 omitted (6.6.2008) by virtue of The Disease Control (Wales) (Amendment) Order 2008 (S.I. 2008/1314), arts. 1, 2(2)

Commencement Information

I2 Art. 2 in force at 1.8.2003, see art. 1

Exceptions E+W

3.  This Order does not apply in relation to a movement —

(a) licensed under the Foot-and-Mouth Disease Order 1983(1); or

(b) to or from a zoo licensed under the Zoo Licensing Act 1981(2).

Commencement Information

I3 Art. 3 in force at 1.8.2003, see art. 1

Emergency measures E+W

F4 3A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Art. 3A omitted (8.9.2007 at 12 noon) by virtue of The Disease Control (Wales) (Amendment) (No. 2) Order 2007 (S.I. 2007/2626), arts. 1(2), 2

PART 2 E+W Movement restrictions

Restrictions on the movement of cattle, sheep and goats E+W

4.  No person may move any sheep, goats or cattle from any premises if any sheep, goats, cattle or pigs have been moved on to those premises during the previous 6 days.

Commencement Information

I4 Art. 4 in force at 1.8.2003, see art. 1

Restrictions on the movement of pigs E+W

5.  No person may move a pig from any premises if —

(a) any pig has been moved on to those premises during the previous 20 days; or

(b) any cattle, goats or sheep have been moved on to those premises during the previous 6 days.

Commencement Information

I5 Art. 5 in force at 1.8.2003, see art. 1

Permitted movements during standstill E+W

6.  Notwithstanding articles 4 and 5, animals may be moved off premises during the standstill period if —

(a) the movement is one specified in Schedule 1; or

(b) a permit disapplying the standstill period has been issued by a veterinary inspector.

Commencement Information

I6 Art. 6 in force at 1.8.2003, see art. 1

Movements that do not trigger a standstill period E+W

7.  The standstill period is not triggered by a movement on to premises if it is a movement specified in Schedule 2.

Commencement Information

I7 Art. 7 in force at 1.8.2003, see art. 1

Isolation facilities E+W

8.— [F5 (1) Where pigs are held in an isolation facility under any provision of this Order, and other pigs are moved in before they are released from the isolation facility, no pig may be removed from the isolation facility before the last date of release of the last pigs moved into the isolation facility.]

(2) Pigs may not share an isolation facility with animals of any other species.

[F6 (3) An isolation facility may not be used to hold any animals other than pigs.]

Textual Amendments

F5 Art. 8(1) substituted (11.9.2017) by The Disease Control (Wales) (Amendment) Order 2017 (S.I. 2017/674), arts. 1(3), 4(a) (as amended by S.I. 2017/677, art. 3)

F6 Art. 8(3) inserted (11.9.2017) by The Disease Control (Wales) (Amendment) Order 2017 (S.I. 2017/674), arts. 1(3), 4(b) (as amended by S.I. 2017/677, art. 3)

Commencement Information

I8 Art. 8 in force at 1.8.2003, see art. 1

[F7 Quarantine units E+W

8A.— (1) A quarantine unit may only be used to hold cattle, sheep and goats.

(2) Where animals are held in a quarantine unit under any provision of this Order, and other animals are moved in before they are released from the quarantine unit, no animal may be removed from the quarantine unit before the last date of release of the last animal moved into the quarantine unit.

(3) No person may move any animal off premises direct from a quarantine unit unless the movement is one specified in paragraphs 1, 2, 4, 13 or 14 of Schedule 1.

(4) Where the Welsh Ministers have served on the keeper of cattle a notice requiring the keeper to have any such cattle tested for tuberculosis with a relevant test before a date specified in the notice, no cattle may be held in, or moved into, a quarantine unit on the date of the relevant test unless—

(a) a skin test has been applied to those cattle no more than 60 days before the date of the relevant test, and

(b) the results of the test have been read by a veterinary inspector or an approved veterinary surgeon and are negative.

(5) Where a relevant test for tuberculosis has been applied to such cattle as specified in a notice in paragraph (4) but before the result of that test has been read by an inspector, or an approved veterinary surgeon, the keeper of the cattle may move any animal into a quarantine unit.

(6) A keeper must record—

(a) movement of an animal into a quarantine unit within 24 hours of the movement;

(b) movement of an animal out of a quarantine unit within 3 days of the movement; and

(c) all movements in the holding register within 36 hours of the movement.

(7) Approval of a quarantine unit may be made subject to conditions and may be suspended, amended or revoked by notice in writing at any time by a body accredited by UKAS or by the Welsh Ministers.

(8) In this article—

“approved veterinary surgeon” (“milfeddyg cymeradwy”) means a veterinary surgeon who is approved in accordance with article 2A of the Tuberculosis (Wales) Order 2010;

“holding register” (“cofrestr y daliad”) means a register for the purposes of the Cattle Identification (Wales) Regulations 2007(3) or the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2015;

“record” (“cofnodi”) means notifying or reporting the movement of an animal in accordance with the Cattle Identification (Wales) Regulations 2007 or the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2015;

“relevant test” (“prawf perthnasol”) means—

(a)

a skin test; or

(b)

any other diagnostic test for tuberculosis approved by the Welsh Ministers;

“skin test” (“prawf croen”) means a single intradermal comparative cervical tuberculin test for tuberculosis using bovine and avian tuberculin; and

“tuberculosis” (“twbercwlosis”) means infection with Mycobacterium bovis (M.bovis).]

Textual Amendments

F7 Art. 8A inserted (11.9.2017) by The Disease Control (Wales) (Amendment) Order 2017 (S.I. 2017/674), arts. 1(3), 5 (as amended by S.I. 2017/677, art. 3)

Marking sheep and goats travelling to shows or exhibitions E+W

9.  No person may move sheep or goats to a show or exhibition unless the animals are marked with an individual identification number in accordance with article 6 of the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No. 2) Order 2002(3).

Commencement Information

I9 Art. 9 in force at 1.8.2003, see art. 1

Restrictions on movements to and from slaughterhouses E+W

10.  No person may —

(a) move any animal to a slaughterhouse save for the purpose of slaughter within 48 hours of its arrival there; or

(b) receive any animal from a slaughterhouse unless, in the case of any animal other than a pig, under the authority of a licence issued by a veterinary inspector.

Commencement Information

I10 Art. 10 in force at 1.8.2003, see art. 1

Sole occupancy groups E+W

11.  The National Assembly and the Secretary of State may authorise sets of premises as sole occupancy groups if he or she is satisfied that the premises are linked in terms of their control.

Commencement Information

I11 Art. 11 in force at 1.8.2003, see art. 1

PART 3 E+W Licences

Requirement for a licence to move animals E+W

12.—(1) No person may move an animal from any premises unless the movement is made under the authority of a licence issued by the National Assembly, the Secretary of State or an inspector.

(2) Paragraph (1) does not apply to any movement authorised by a licence under [F8 article 20 of the Pigs (Records, Identification and Movement) (Wales) Order 2011] (licences relating to pet pigs).

Textual Amendments

F8 Words in art. 12(2) substituted (25.11.2011) by The Pigs (Records, Identification and Movement) (Wales) Order 2011 (S.I. 2011/2830), arts. 1, 26(2)

Commencement Information

I12 Art. 12 in force at 1.8.2003, see art. 1

Notices prohibiting movement under a general licence E+W

13.—(1) Where a general licence has been issued under article 12, the National Assembly or the Secretary of State may issue a notice prohibiting -

(a) the movement under the authority of that licence of any animal from any premises specified in the notice; or

(b) any person specified in the notice from moving animals under the authority of that licence either generally or to or from any premises specified in the notice.

(2) A notice may only be issued under paragraph (1) on the advice of an inspector, who must be of the opinion that —

(a) the provisions of this Order are not being or have not been complied with in relation to animals moved to or from the premises in question or in relation to the movement of any other animals of which the person on whom the notice is to be served is or has at any time been the keeper, and

(b) the service of a notice is necessary to prevent a possible spread of disease.

(3) A notice issued under paragraph (1)(a) is to be served on the occupiers of each of the premises specified in the notice and in any other way that the National Assembly or the Secretary of State thinks fit to draw the notice to the attention of persons affected by it.

(4) A notice issued under paragraph (1)(b) is to be served on the person prohibited from moving animals by the notice and on the occupiers of any premises individually named in the notice.

(5) A notice must be in writing, may be subject to conditions and may be amended, suspended or revoked at any time by further notice by the National Assembly or the Secretary of State.

Commencement Information

I13 Art. 13 in force at 1.8.2003, see art. 1

Specific licences E+W

14.—(1) An animal moved under a specific licence must —

(a) be moved by the most direct route available to the place of destination specified in the licence, and

(b) be accompanied throughout the movement by the licence.

(2) The person in charge of any animal moved under a specific licence must, on demand made by a constable or by an inspector or other officer of the National Assembly, the Secretary of State or of a local authority —

(a) produce the licence;

(b) allow a copy or an extract to be taken; and

(c) if so required, furnish his or her name and address.

[F9 (3) Every animal which is moved under a specific licence must be kept separate throughout such movement from any animal which is not being moved under that licence.]

(4) Where animals are moved under a specific licence, then, unless the licence provides otherwise, the occupier of premises which they are moved on to must —

(a) ensure that he or she or his or her representative is given the licence before allowing the animals to be unloaded; and

(b) keep the licence for six months and during that period produce it to an inspector on request.

Textual Amendments

F9 Art. 14(3) substituted (6.6.2008) by The Disease Control (Wales) (Amendment) Order 2008 (S.I. 2008/1314), arts. 1, 2(3)

Commencement Information

I14 Art. 14 in force at 1.8.2003, see art. 1

General licences E+W

F10 15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Art. 15 omitted (11.9.2017) by virtue of The Disease Control (Wales) (Amendment) Order 2017 (S.I. 2017/674), arts. 1(3), 6 (as amended by S.I. 2017/677, art. 3)

[F11 Movement documents for deer E+W

15A.   Where deer are moved under a general licence, and that licence requires the person moving the deer to have a movement document, the occupier of premises which they are moved on to must—

(a) comply with the conditions of the licence relating to the reporting of movement information; and

(b) keep a copy of the completed movement document for six months and during that period produce it to an inspector on request.]

Textual Amendments

F11 Art. 15A inserted (11.9.2017) by The Disease Control (Wales) (Amendment) Order 2017 (S.I. 2017/674), arts. 1(3), 7 (as amended by S.I. 2017/677, art. 3)

Copies of licences E+W

16.  Where an inspector of a local authority issues a licence under article 12(1), he or she must retain a copy of the licence for six months.

Commencement Information

I15 Art. 16 in force at 1.8.2003, see art. 1

Compliance with licences, etc. E+W

17.  If any person fails to comply with a licence, permit, authorisation or notice issued under this Order an officer of the National Assembly or the Secretary of State or an inspector may arrange for it to be complied with at the expense of the person in default.

Commencement Information

I16 Art. 17 in force at 1.8.2003, see art. 1

Licences issued in Scotland or England E+W

18.  A licence issued by a competent authority in Scotland or England for the purpose of the movement of animals operates in Wales as if it had been issued under this Order.

Commencement Information

I17 Art. 18 in force at 1.8.2003, see art. 1

PART 4 E+W Miscellaneous and enforcement

Licences, permits and authorisations E+W

19.—(1) Any licence, permit or authorisation under this Order must be in writing, may be general or specific, may be subject to conditions and may be varied, suspended or revoked at any time by notice in writing issued —

(a) by the National Assembly or the Secretary of State, in the case of a licence, permit or authorisation issued by the National Assembly, the Secretary of State or an inspector of any kind;

(b) by a veterinary inspector, in the case of a licence or permit issued by a veterinary inspector or any other inspector of the National Assembly or of the Secretary of State;

(c) by an inspector of the National Assembly or of the Secretary of State (other than a veterinary inspector), in the case of a licence issued by any such inspector; or

(d) by an inspector of a local authority, in the case of a licence issued by an inspector of that local authority.

(2) In deciding whether to issue a licence under article 12(1) or a permit under article 6(b) an inspector or a veterinary inspector must comply with any instructions issued by the National Assembly or the Secretary of State.

Commencement Information

I18 Art. 19 in force at 1.8.2003, see art. 1

Cleansing and disinfection E+W

20.—(1) A licence issued under article 12(1), a permit issued under article 6(b) or an authorisation under article 11 may specify requirements for the cleansing and disinfection of any vehicle used for moving animals additional to the requirements of the Transport of Animals (Cleansing and Disinfection) (Wales) (No.3) Order 2003(4).

(2) Where animals are moved under a licence, the occupier of the premises which they are moved on to must provide adequate facilities, equipment and materials for any cleansing and disinfection required by the licence.

Commencement Information

I19 Art. 20 in force at 1.8.2003, see art. 1

Change of occupation of premises E+W

21.—(1) Where, on the termination of his or her right of occupation of any premises, the owner of any animal on those premises is unable to remove it from those premises by reason of any restriction imposed by or under this Order, the person entitled to the occupation of those premises must —

(a) afford the owner of that animal and any person authorised by him or her for the purpose, all such facilities as may be necessary for feeding, tending or otherwise using that animal (including selling it) as the owner may reasonably require; or

(b) where the owner of that animal is unable or unwilling to avail himself or herself of such facilities, take all such steps as may be necessary to ensure that the animal is properly fed, tended and kept.

(2) The provisions of paragraph (1) shall continue to apply until the expiry of a period of 7 days from the date on which any restriction on the movement of the animal off the premises ceases to apply and the owner of the animal shall be liable to pay to the person who affords any facilities or feeds, tends or otherwise keeps that animal, in accordance with those provisions, such sums by way of remuneration and reimbursement of expenses as may be just and reasonable in all the circumstances.

Commencement Information

I20 Art. 21 in force at 1.8.2003, see art. 1

Enforcement E+W

22.—(1) This Order is to be enforced by the local authority.

(2) The National Assembly or the Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this regulation is to be discharged by the National Assembly or the Secretary of State and not by the local authority.

Commencement Information

I21 Art. 22 in force at 1.8.2003, see art. 1

Revocations E+W

23.  The Disease Control (Interim Measures) (Wales) (No.2) Order 2003(5) is revoked.

Commencement Information

I22 Art. 23 in force at 1.8.2003, see art. 1

Amendment of the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No.2) Order 2002 E+W

24.—(1) The Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No.2) Order 2002 is amended in accordance with this article.

(2) In article 2 of that Order the words “and shall cease to have effect on 1st August 2003” are deleted.

Commencement Information

I23 Art. 24 in force at 1.8.2003, see art. 1

Signed on behalf of the National Assembly for Wales

John Marek

Deputy Presiding Officer

National Assembly for Wales

29th July 2003

Ben Bradshaw

Parliamentary Under-Secretary of State,

Department for Environment, Food and Rural Affairs

29th July 2003