The Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006

PART 1 E+W Introduction

Title, application and commencement E+W

1.—(1) The title of these Regulations is the Foot-and-Mouth Disease (Control of Vaccination) (Wales) Regulations 2006.

(2) They apply in relation to Wales and come into force on 1 February 2006.

Interpretation E+W

2.—(1) In these Regulations—

“the Act” means the Animal Health Act 1981 M1 ;

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

“border inspection post” means a place specified as a border inspection post in Schedule 2 to the Animal and Animal Products (Import and Export) (Wales) Regulations 2005 M2 ;

“bovine animal” includes buffalo and bison;

“carcase” means the carcase of an animal and includes part of a carcase, and the meat, bones, hide, skin, hooves, offal or other part of an animal, separately or otherwise, or any portion thereof;

“disease” means foot-and-mouth disease;

“fresh meat” means meat (including offal and any meat preparation) that 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;

[F1 “health marked” (“yn dwyn marc iechyd”) means bearing the health mark as defined in Article 3(51) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;]

“identification marked” means bearing the identification mark required by article 5(1) of Regulation (EC) No. 853/2004 of the European Parliament and the Council laying down specific hygiene rules for food of animal original M3 ;

“infected premises” means any premises declared to be infected premises under the Order;

“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 or she is transporting them;

“inspector” means an inspector appointed under the Act;

“local authority” has the meaning assigned to that term by section 50(1) of the Act;

“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 processes insufficient to modify the internal muscle fibre structure of the meat and thus to eliminate 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, whey, yoghurt 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;

“National Assembly” means the National Assembly for Wales;

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

“the Order” means the Foot-and-Mouth Disease (Wales) Order 2006 M4 ;

“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 or identification mark and allowing the information there to remain legible (irrespective of whether that additional cross is applied by the same stamp as the mark);

“phase 1” means, in respect of a vaccination zone, the period of time commencing with declaration of that vaccination zone and ending with a declaration under regulation 16(2);

“phase 2” means, in respect of a vaccination zone, the period of time commencing with the end of phase 1 and ending with a declaration under regulation 16(3);

“phase 3” means, in respect of a vaccination zone, the period of time commencing with the end of phase 2 and ending with a declaration under regulation 16(5);

“premises” includes any land, building or other place;

“protection zone” means a protection zone declared under the Order;

“protective vaccination” means vaccination carried out to protect susceptible animals against airborne spread or spread through fomites of the disease virus and where the vaccinated animals are not intended to be slaughtered to prevent the spread of disease;

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

“reactor premises” means premises declared to be reactor premises under regulation 25(1)(b)(ii);

“sell” means sell to the final consumer or user;

“slaughterhouse” has the meaning given to that term in regulation 5(6) of the Food Hygiene (Wales) Regulations 2006 M5 ;

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

“suppressive vaccination” means vaccination carried out on premises or in an area where there is an urgent need to prevent the spread of disease outside the premises or area by reducing the quantity of circulating disease virus there and where the vaccinated animals are intended for slaughter to prevent the spread of disease;

“surveillance zone” means a surveillance zone declared under the Order;

“susceptible animal” means a cow, bull, 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);

“temporary control zone” means a temporary control zone declared under the Order;

“vaccinate” means treat a susceptible animal with hyperimmune serum or vaccine against disease;

“vaccination surveillance zone” means a vaccination surveillance zone declared under regulation 13;

“vaccination zone” means a vaccination zone declared under regulation 13;

“vehicle” includes—

(a)

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

(b)

a detachable part of a vehicle;

(c)

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

“veterinary inspector” means a veterinary inspector appointed under the Act.

(2) In these Regulations “specified for vaccination” means specified as an animal to be vaccinated in a decision to undertake a vaccination programme made in accordance with regulation 9(2).

(3) References in these Regulations to “animals originating in” a vaccination zone mean—

(a) animals kept in the vaccination zone, and

(b) animals which were kept within the boundaries of the vaccination zone at any time during the period—

(i) beginning 21 days before the declaration of the vaccination zone, and

(ii) ending with that declaration.

Textual Amendments

F1 Words in reg. 2(1) substituted (31.1.2020) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 18

Marginal Citations

M1 1981, c. 22, amended by the Animal Health Act 2002, c. 42.

M2 S.I. 2005/1158 (W.75)..

M3 OJ No. L139, 30.4.2004, p.55. The revised text of the Regulation is contained in a corrigendum (OJ No. L226, 25.6.2004, p.22).

M4 S.I. 2006/180 (W.319).

M5 S.I. 2006/31 (W.5).

Premises comprising common or unenclosed land E+W

3.  In 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 keeper;

(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 E+W

4.—(1) Licences granted under these Regulations—

(a) must be in writing,

(b) may, in addition to any conditions required by these Regulations, be made subject to such conditions as the National Assembly considers necessary to prevent the spread of disease, and

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

(2) Except where otherwise directed by the National Assembly, a licence granted in England or Scotland for the same purpose as a licence which may be granted under these Regulations is valid for that purpose in Wales and its conditions apply in Wales as if it was a licence granted under these Regulations.

(3) Declarations under these Regulations must be in writing and any amendment or revocation of a declaration must be made by further declaration.

Notices E+W

5.—(1) Notices issued under these Regulations—

(a) must be in writing; and

(b) may be amended or revoked in writing at any time.

(2) Notices whose service on the occupier of any premises results in any requirement or restriction in relation to those premises must contain a description of those premises sufficient to ascertain their extent.

(3) Such a description may be amended by a veterinary inspector if he or she is satisfied that it does not describe a single epidemiological unit in respect of disease.

Dissemination of information concerning restrictions and requirements E+W

6.  The National Assembly must take such steps as it considers necessary to ensure that licences, declarations and notices are brought to the attention of those who may be affected by them and in particular must ensure that the extent of any zone declared under these Regulations, the nature of the restrictions and requirements applicable within it and the dates of its declaration and withdrawal are publicised.

Disinfection E+W

7.  Disinfection under these Regulations must be carried out with a disinfectant which is —

(a) approved for use for the purpose of Foot-and-Mouth Disease Orders by the Diseases of Animals (Approved Disinfectants) Order 1978 M6 ,

(b) used at the concentration specified in that Order, and

(c) 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.

Marginal Citations

M6 S.I. 1978/32, amended by S.I. 2005/583 (W.49); there are other amending instruments but none are relevant.

PART 2 E+W The vaccination programme

Prohibition on vaccination except under licence E+W

8.—(1) No person is permitted to vaccinate an animal except under the authority of a licence granted by the National Assembly permitting suppressive or protective vaccination.

(2) The prohibition in this regulation does not apply to—

(a) anything done under the authority of a licence granted under article 4 of the Specified Animal Pathogens Order 1998 M7 ; or

(b) administration of a vaccine in accordance with an animal test certificate granted under regulation 8 of the Veterinary Medicines Regulations 2005 M8 .

Marginal Citations

M7 S.I. 1998/463.

M8 S.I. 2005/2745.

Factors informing a decision to permit suppressive or protective vaccination E+W

9.—(1) The National Assembly must take into account the following factors in deciding whether to permit suppressive or protective vaccination—

(a) the risk of an outbreak—

(i) in the United Kingdom becoming widespread in any part of the country,

(ii) spreading to Wales with imported susceptible animals, carcases or other things liable to spread disease,

(iii) spreading from Wales with exported susceptible animals, carcases or other things liable to spread disease, or

(iv) spreading to or from Wales because of the prevailing meteorological conditions;

(b) any threat from disease to animals in—

(i) 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;

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

(aa) 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

(bb) is approved in relation to those animals under regulation 9 of the Animal and Animal Products (Import and Export) (Wales) Regulations 2005;

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

(c) the criteria in Annex X of 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 M9 ;

(d) other means of preventing the spread of disease available to it;

(e) in the case of suppressive vaccination, whether such vaccination is necessary urgently to prevent the spread of disease from premises or a geographical area by reducing the quantity of circulating disease virus there; and

(f) in the case of protective vaccination—

(i) whether such vaccination will protect susceptible animals in the proposed vaccination zone against airborne spread or spread through fomites of the disease virus, and

(ii) the effect of the measures which would apply in the vaccination zone and vaccination surveillance zone on persons and animals there.

(2) Where, having taken those factors into account, the National Assembly considers that permitting suppressive or protective vaccination is the most appropriate means of preventing the spread of disease, it must decide to undertake a vaccination programme.

(3) If the National Assembly decides to undertake a vaccination programme it will grant one or more licences permitting suppressive or protective vaccination.

[F2 (4) For the purposes of paragraph (1)(c), point 3.2 of Annex X of Council Directive 2003/85/EC is to be read as if—

(a) the reference to “Member States” were a reference to “the Welsh Ministers”;

(b) Article 2(u) of Directive 2001/89/EC as it applies to point 3.2 were modified so that—

(i) for the words “region, as defined in Article 2(2)(p) of Council Directive 64/432/EEC”, there were substituted “county or county borough in Wales”;

(ii) for “such a region” there were substituted “such a county or county borough]

Textual Amendments

F2 Reg. 9(4) inserted (31.12.2020) by The Exotic Diseases in Animals (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/371), regs. 1(2), 3(2); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M9 OJ No. L306, 22.11.2003, pl.

Form of the decision to undertake a vaccination programme E+W

10.—(1) The decision to undertake a vaccination programme must be stated in writing.

(2) The decision must contain the following information about the vaccination programme—

(a) whether it is a programme of suppressive or of protective vaccination;

(b) the place or geographical area where it is to be undertaken;

(c) specification of the animals to be vaccinated (including their species and age);

(d) the intended duration of the programme;

(e) notice of the prohibition on movement of animals and animal products in regulation 12(2);

(f) the form of the eartag to be affixed and vaccination records to be made under regulation 19;

(g) such other information (if any) as the National Assembly considers necessary to inform those who may be affected by the vaccination programme.

(3) Any decision of the National Assembly which results in a change to the information in sub-paragraph (2) must also be stated in writing.

(4) The National Assembly must take such steps as it considers necessary to bring any decision required to be in writing by this regulation to the attention of those who may be affected by it.

Licences permitting suppressive or protective vaccination E+W

11.—(1) No licence permitting suppressive vaccination is to authorise vaccination outside a protection zone.

(2) No licence permitting protective vaccination is to authorise vaccination in a vaccination surveillance zone.

(3) A licence permitting suppressive or protective vaccination is not to be interpreted as having the effect of requiring any person to vaccinate any animal.

Facilitation of vaccination E+W

12.—(1) The keeper of any animal specified in a decision to undertake a vaccination programme must, where required by an inspector or a person acting at his or her direction—

(a) state (if required, in writing) the species, ages, and numbers of the animals for which he or she is responsible; and

(b) submit any such animal for vaccination at such time and in such place as required.

(2) No person is permitted to move the following from any premises where any animal specified in a decision to undertake a vaccination programme is kept before all such animals have been vaccinated except under the authority of a licence granted by the National Assembly—

(a) any animal, or

(b) any animal product produced on the premises from a susceptible animal.

Declaration of a vaccination zone and of a vaccination surveillance zone E+W

13.—(1) If it decides to undertake a programme of protective vaccination, the National Assembly must at the same time declare any part of Wales where it is to be undertaken to be a vaccination zone and must also declare an associated vaccination surveillance zone.

(2) A declaration under paragraph (1) must designate—

(a) the extent of the vaccination zone, and

(b) the extent of the associated vaccination surveillance zone, which must extend from the vaccination zone for at least ten kilometres and otherwise be of such size as the National Assembly considers necessary to prevent the spread of disease.

(3) If it decides to vary the place or geographical area where a programme of protective vaccination is to be undertaken, the National Assembly must amend the declaration under paragraph (1) so that the vaccination zone comprises the place or geographical area as varied.

Declaration of a vaccination surveillance zone on protective vaccination in England E+W

14.—(1) This regulation applies where a programme of protective vaccination is to be undertaken in England.

(2) Where this regulation applies and any part of the programme of protective vaccination is to be undertaken within ten kilometres of the border with Wales, the National Assembly must declare a vaccination surveillance zone in Wales

(3) Where this regulation applies and a zone having equivalent effect to a vaccination surveillance zone has been declared in England abutting the border with Wales, the National Assembly may declare a vaccination surveillance zone in Wales.

(4) Subject to paragraph (5), a vaccination surveillance zone declared under this regulation must be of such size as the National Assembly considers necessary to prevent the spread of disease.

(5) A declaration under this regulation must specify the extent of the vaccination surveillance zone, and the National Assembly must ensure that any such zone—

(a) abuts the border with England, and

(b) extends from that border such that its boundary is at least ten kilometres from the perimeter of any zone having equivalent effect to a vaccination zone in England.

Vaccination zones and vaccination surveillance zones: general provisions E+W

15.—(1) Any premises which are partly inside and partly outside a vaccination zone are deemed to be wholly within it.

(2) Any premises which are partly inside and partly outside a vaccination surveillance zone are deemed to be wholly within it (except premises which are also partly within a vaccination zone).

(3) An area is to remain a vaccination zone or a vaccination surveillance zone (or part of one) until the National Assembly—

(a) amends the declaration creating it so as to exclude that area or,

(b) revokes that declaration.

(4) Any amendment or revocation of a declaration creating a vaccination zone or a vaccination surveillance zone must refer to that declaration and state the date and time it is to take effect.

Time phases and measures applicable in respect of a vaccination zone E+W

16.—(1) Subject to regulation 25(2), the provisions of the Schedule apply in respect of a vaccination zone without prejudice to any requirements or restrictions applying in any part of it because that part falls within a protection zone or a surveillance zone.

(2) After 30 days have elapsed since all animals in a vaccination zone specified for vaccination in a decision to undertake a programme of protective vaccination have been vaccinated, the National Assembly may declare the end of phase 1 and the commencement of phase 2 and the declaration must specify the date and time it is to take effect.

(3) On completion of the measures in sub-paragraphs (a) to (d) of regulation 25(2) in every reactor premises in a vaccination zone, the National Assembly must declare the end of phase 2 and the commencement of phase 3 and such declaration must specify the date and time it is to take effect.

(4) Notwithstanding paragraph (3), the National Assembly may, before completion of those measures in every reactor premises serve a notice on the occupier of any premises classified as free of disease under regulation 25(1)(b) stating that those premises must enter phase 3 and phase 3 must be deemed to have commenced in respect of those premises on such service.

(5) The National Assembly may declare the end of phase 3 where it is satisfied that the disease has been eradicated in Wales.

Measures applying in a vaccination surveillance zone E+W

17.—(1) No person is permitted to move any susceptible animal within or out of a vaccination surveillance zone except—

(a) within the premises on which it is kept, or

(b) under the authority of a licence granted by the National Assembly.

(2) This regulation applies without prejudice to any requirements or restrictions applying in any part of a vaccination surveillance zone because that part falls within a protection zone or a surveillance zone.

Extension of the power to cause vaccination E+W

18.  Notwithstanding section 16(1) of the Act, the National Assembly may cause vaccination of animals which do not fall within that sub-section where they are in a vaccination zone and the following provisions of the Act apply as if such vaccination was carried out in exercise of the power in section 16(1)

(a) the remainder of section 16 (treatment after exposure to infection),

(b) section 16A (slaughter of vaccinated animals), and

(c) section 62A (slaughter: power of entry).

Identification of vaccinated animals E+W

19.—(1) The National Assembly must provide every person issued with a licence permitting suppressive or protective vaccination with sufficient eartags to affix an eartag to every animal which may be vaccinated under that licence.

(2) Each eartag must carry such information as the National Assembly considers necessary to identify the animal to which it is affixed as a vaccinated animal.

(3) Any person vaccinating an animal must—

(a) identify it immediately after vaccination by affixing an eartag;

(b) make a written vaccination record containing the following information—

(i) the date,

(ii) the place, and

(iii) a description of the animal;

(c) ensure that the National Assembly and the keeper of the animal receives a copy of that vaccination record; and

(d) retain that record for a period of six years.

(4) Records must be in a form approved by the National Assembly.

(5) Every person provided with eartags under this regulation must return unused eartags to the National Assembly on demand and without delay.

Marking of cattle passports E+W

20.—(1) This paragraph applies to any animal specified for vaccination which is issued with—

(a) a cattle passport under the Cattle Passports Order 1996 M10 ;

(b) a cattle passport under the Cattle Identification Regulations 1998 M11 ;

(c) a registration certificate under the Cattle (Identification of Older Animals)(Wales) Regulations 2000 M12 .

(2) If the keeper of any animal to which this paragraph applies has its cattle passport or registration certificate in his or her possession at the time of vaccination he or she must give it to the person carrying out the vaccination at that time.

(3) The person carrying out the vaccination must ensure that the cattle passport or registration certificate given to him or her at the time of vaccination is marked at that time to indicate that the animal has been vaccinated and then returned to the keeper.

(4) If the cattle passport or registration certificate of any animal to which this paragraph applies is not in the possession of its keeper at the time of vaccination, the National assembly must serve a notice on that keeper requiring him or her to submit it to the National Assembly for marking to indicate that the animal has been vaccinated.

(5) A notice under paragraph (4) must specify the administrative arrangements to be followed when submitting the cattle passport or registration certificate for marking.

(6) Any person on whom a notice under paragraph (4) is served must take all reasonable steps to secure the return of the cattle passport or registration certificate to his or her possession without delay and must comply with the requirements of the notice without delay on its return.

Marginal Citations

M10 S.I. 1996/1686.

M11 S.I. 1998/871, to which there are amendments not relevant to these Regulations.

M12 S.I. 2000/3339, to which there are amendments not relevant to these Regulations.

Removal of eartags and missing eartags E+W

21.—(1) No person is permitted to intentionally remove an eartag affixed under regulation 19(3) unless it is removed to prevent unnecessary pain and suffering.

(2) If the keeper of a vaccinated animal removes its eartag in accordance with paragraph (1) or discovers that an eartag is missing he or she must notify the National Assembly in writing without delay.

(3) On receipt of a notification under this regulation, the National Assembly must—

(a) arrange for a new eartag to be affixed to the vaccinated animal, or

(b) if affixing an eartag would cause uneccessary pain and suffering, arrange for the animal to be identified as vaccinated by applying a permanent indelible mark.

(4) Any person who knows or suspects that an animal has been vaccinated but is not carrying an eartag must immediately notify the keeper and the National Assembly of that animal.

Sale and slaughter of vaccinated animals E+W

22.  No person is permitted to sell a vaccinated animal or send such an animal for slaughter unless it bears an eartag affixed under these Regulations.

Failure to vaccinate animals specified for vaccination E+W

23.—(1) Any person who knows or suspects that an animal has been specified for vaccination but was not vaccinated at the time when it should have been must immediately notify the keeper of that animal and the [F3 Welsh Ministers].

(2) If an inspector suspects that an animal has been specified for vaccination but was not vaccinated on the date it should have been he or she must arrange for that animal to be vaccinated as soon as is reasonably practicable (but not sooner than 21 days after the date it should have been vaccinated).

Textual Amendments

F3 Words in reg. 23(1) substituted (1.4.2010) by The Animals (Divisional Veterinary Managers) (Wales) Regulations 2010 (S.I. 2010/619), regs. 1, 3

Carcases of animals specified for vaccination E+W

24.—(1) If an inspector knows or supects that a carcase is of a vaccinated animal and is intended for sale (whether before or after processing), but is not being dealt with as such he or she may serve a notice on the person in charge of it requiring him or her to dispose of it.

(2) If an inspector knows or suspects that a carcase is of an animal specified for vaccination which has not been vaccinated and is intended for sale (whether before or after processing), he or she must serve a notice on the person in charge of it requiring him or her to deal with it at all times as if it was the carcase of a vaccinated animal.

Survey and classification of premises during phase 2 E+W

25.—(1) The National Assembly must ensure that during phase 2—

(a) a clinical and serological survey of all premises in the vaccination zone where susceptible animals are kept is carried out in accordance with the following method—

(i) all susceptible animals in the vaccination zone are clinically inspected, and

(ii) either—

(aa) testing for infection with the disease virus by an assay for antibodies against non-structural proteins of the disease virus is carried out on a selection of susceptible animals, or

(bb) testing for antibodies against non-structural proteins of the disease virus is carried out on samples from all vaccinated animals and their non-vaccinated offspring; and

(b) every premises in the vaccination zone where susceptible animals are kept is classified according to the outcome of the survey and the criteria in Schedule 3 of the Order—

(i) where the premises contained at least one susceptible animal in which the presence of the disease virus is confirmed, as infected premises;

(ii) where the premises contained at least one susceptible animal suspected of being infected but where further testing including all susceptible animals on the premises confirmed the absence of circulating disease virus, as reactor premises (and the National Assembly must serve a notice on the occupier declaring the premises to be reactor premises); or

(iii) otherwise, as free of disease (and the National Assembly must communicate that classification by serving a notice on the occupier).

(2) The following measures apply to reactor premises—

(a) the National Assembly must ensure that susceptible animals which have tested positive to at least one of the tests in sub-paragraph (1)(a)(ii) are slaughtered on the premises;

(b) the National Assembly may by notice served on the occupier direct that other susceptible animals on the premises must be slaughtered;

(c) the occupier must dispose of the carcases of any susceptible animals slaughtered on the premises in accordance with the directions of an inspector;

(d) the National Assembly must ensure that the premises are cleansed and disinfected in accordance with Schedule 1 of the Order;

(e) no person is permitted to restock the premises except under the authority of a licence granted by the National Assembly and in accordance with Schedule 8 of the Order.

Duty of the local authority to erect signs E+W

26.  The local authority must ensure that the boundaries of every vaccination zone and vaccination surveillance zone 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.

[F4 Trade in vaccinated animals] E+W

27.  No person is permitted to send any vaccinated animal for [F5 trade with a member State, Norway, Iceland or Liechtenstein].

Textual Amendments

F4 Reg. 27 heading substituted (31.12.2020) by The Exotic Diseases in Animals (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/371), regs. 1(2), 3(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 27 substituted (31.12.2020) by The Exotic Diseases in Animals (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/371), regs. 1(2), 3(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

PART 3 E+W General and supplementary provisions

Cleansing and disinfection of vehicles: provision of facilities, equipment and materials E+W

28.  Where cleansing and disinfection of vehicles is required at any premises by or under these Regulations the occupier of those premises must provide adequate facilities and proper equipment and materials for that cleansing and disinfection.

Marks applied under these Regulations E+W

29.  No person is permitted to obscure or erase a mark applied to any animal, carcase, animal product, vehicle or other thing under these Regulations unless—

(a) the mark is the overstamp to a health mark or identification mark in which case the overstamp may be removed in the same manner as that mark, or

(b) an inspector has given written authority.

Change of occupation of premises under restriction E+W

30.—(1) This regulation applies if the keeper of any animal or poultry is unable to move it from premises on the termination of his or her right of occupation because of a restriction imposed by or under these Regulations.

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

(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 or her 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 must take such steps as are necessary to ensure it is properly fed and tended.

(4) The keeper of the animal or poultry is liable to pay the reasonable costs incurred under this regulation by any person feeding or tending it, or providing facilities for feeding, tending or otherwise using it.

Reasonable assistance E+W

31.  Any person required to give reasonable assistance or information to a person acting in the execution of these Regulations for the performance of his or her functions under it must, unless he or she has reasonable cause, do so without delay.

False information E+W

32.  No person is to furnish information which he or she knows to be false or misleading to a person acting in the execution of these Regulations.

Production of records E+W

33.—(1) Any person required to produce a record by a person acting in the execution of these Regulations must do so without delay.

(2) On production, a person acting in the execution of these Regulations may—

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

(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 must give a written receipt for them.

Compliance with notices and directions E+W

34.—(1) Any notice served under these Regulations must 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 must be complied with at the expense of the person to whom it is given, except where otherwise provided in a written direction of the National Assembly.

Powers of inspectors E+W

35.—(1) Section 63 of the Act applies as if these Regulations were contained within the Act and as if the definition of animal in section 87 of the Act was extended to include every susceptible animal.

(2) The following provisions of the Act apply as if these Regulations were an Order made under the Act and as if the definition of animal in section 87 of the Act was extended to include every susceptible animal—

(a) section 64A (powers of inspectors relating to [F6 retained EU law]), and

(b) section 65(1) to (3) (power to detain vessels and aircraft).

(3) Section 65A of the Act (inspection of vehicles) applies as if—

(a) these Regulations were an Order under the Act;

(b) the definition of animal in section 87 of the Act was extended to include every susceptible animal; and

(c) every vaccination zone and vaccination surveillance zone was designated for the duration of its existence for the purposes of that section.

Textual Amendments

F6 Words in reg. 35(2)(a) substituted (31.12.2020) by The Exotic Diseases in Animals (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/371), regs. 1(2), 3(4); 2020 c. 1, Sch. 5 para. 1(1)

Enforcement, offences and proceedings E+W

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

(a) section 60 (duties and authorities of constables),

(b) section 66 (refusal and obstruction),

(c) section 67 (issue of false licences etc.),

(d) section 68 (issue of licences etc. in blank),

(e) section 71 (other offences as to licences);

(f) section 71A, (prosecutions: time limit)

(g) section 73 (general offences);

(h) section 77 (money recoverable summarily), and

(i) section 79(1) to (4) (evidence and procedure)

and as if the definition of animal in section 87 of the Act was extended to include every susceptible animal.

(2) Section 69 of the Act (falsely obtaining licences etc.) applies as if licences, certificates or instruments granted or issued under these Regulations were granted or issued under an Order made under the Act.

(3) Section 75 of the Act (penalties for certain summary offences) applies as if these Regulations were an Order made under the Act except that any term of imprisonment on summary conviction is not to exceed three months.

Production of licences and unloading after licensed movements E+W

37.  Every person issued with a licence under this these regulations, must, while executing the licensed activity, carry the licence and produce it to an inspector on demand and without delay.

General powers of veterinary inspectors to take action to prevent the spread of disease E+W

38.—(1) This regulation applies in every vaccination zone and vaccination surveillance zone.

(2) Where this regulation applies, a veterinary inspector may, if he or she 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 cleaning and disinfection of any premises or other place in accordance with Schedule 1 to the Order by serving a notice requiring it on the occupier of those premises or that place;

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

(d) any person to cleanse himself or herself by serving a notice requiring it on him or her;

(e) the detention or isolation in a specified place of any animal or poultry by serving a notice requiring it 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.

(4) The powers conferred on a veterinary inspector by this regulation are without prejudice to powers conferred by any other provision of these Regulations.

Powers of inspectors in case of default E+W

39.—(1) Where a person fails to comply with a requirement imposed by or under these Regulations an inspector may take any steps he or she considers necessary to ensure the requirement is met.

(2) Where a person acts in contravention of a requirement imposed by or under these Regulations an inspector may take any steps he or she considers necessary to rectify the situation so as to prevent the spread of disease.

(3) In taking steps under paragraph (1) or (2) an inspector may seize and detain any animal moved, kept or otherwise dealt with in contravention of a restriction or requirement imposed by or under these Regulations.

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

(5) Any steps taken under this regulation are without prejudice to proceedings for an offence arising out of the default.

(6) The person in default must reimburse any reasonable expenses incurred by the National Assembly or the local authority in taking such steps and any reimbursement is recoverable summarily.

Offences by bodies corporate E+W

40.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —

(a) any director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he or she as well as the body corporate will be guilty of an offence and be liable to be proceeded against and punished accordingly.

(2) For the purposes of paragraph (1), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Offences: no knowledge of restriction or requirement E+W

41.  No person will be guilty of failing to comply with a restriction or requirement which applies because of the declaration of—

(a) a vaccination zone, or

(b) a vaccination surveillance zone

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

Enforcement E+W

42.—(1) Subject to paragraphs (2) and (3), these Regulations are to be enforced by the local authority.

(2) These Regulations are to be enforced in relation to slaughterhouses by the National Assembly.

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

Revocations E+W

43.  The following instruments are revoked—

(a) the Foot-and-Mouth Disease (Infected Areas) (Vaccination) Order 1972 M13 (insofar as the Order applies to Wales); and

(b) the Foot-and-Mouth Disease (Prohibition of Vaccination) (Wales) Regulations 2001 M14 .

Marginal Citations

M13 S.I. 1972/1509

M14 S.I. 2001/2374 (W.198).

M15 Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .

D. Elis-Thomas

The Presiding Officer of the National Assembly

Marginal Citations

M15 1998 c. 38.