2010 No. 900 (W.93)
The Animal Gatherings (Wales) Order 2010
Made
Coming into force
The Welsh Ministers, in exercise of the powers conferred by sections 1, 7, 8 and 83(2) of the Animal Health Act 19811, make the following Order.
Title, application and commencement1
The title of this Order is The Animal Gatherings (Wales) Order 2010. It applies in relation to Wales and comes into force on 1 April 2010.
Interpretation2
In this Order—
“animals” (“anifeiliaid”) means cattle (excluding bison and yak), deer, goats, sheep and pigs;
“animal area” (“man i anifeiliaid”) means any area on the licensed premises to which animals may be given access at an animal gathering;
“animal gathering” (“crynhoad anifeiliaid”) means an occasion at which animals are gathered for one or more of the following purposes—
- a
a sale, show or exhibition;
- b
collection for onward consignment within Great Britain;
- c
inspection to confirm the animals possess specific breed characteristics;
- a
“approved disinfectant” (“diheintydd a gymeradwywyd”) means a disinfectant approved under the Diseases of Animals (Approved Disinfectants) (Wales) Order 20072;
“equipment” (“cyfarpar”) includes pens and hurdles;
“licensed premises” (“mangre drwyddedig”) means premises licensed under article 5(1);
“licensee” (“trwyddedai”) is a person licensed under article 5(1);
“paved” (“palmantog”) means paved with cement, concrete, asphalt or other hard impermeable material that is capable of being effectively cleansed and disinfected.
Notices and licences3
A notice, licence or authorisation issued by a veterinary inspector under this Order–
a
must be in writing;
b
may be amended, suspended or revoked; and
c
may be subject to such conditions and requirements as the veterinary inspector considers necessary to control the introduction into or spread of disease within or from the licensed premises.
Exceptions4
This Order does not apply in any of the following situations—
a
where all the animals brought to the animal gathering are owned by the same person;
b
all the animals come from one set of premises which the Welsh Ministers have authorised as a sole occupancy group under the Disease Control (Wales) Order 20033; or
c
the animal gathering takes place on premises owned or occupied by the owner of the animals.
The use of premises for animal gatherings5
1
No person may use any premises for an animal gathering unless those premises are licensed for that purpose by a veterinary inspector.
2
An application for a licence must be in writing.
3
A licence must include—
a
the name of the licensee;
b
the premises on which the animal gathering may take place; and
c
particulars that identify the animal area.
Restriction for 27 days between animal gatherings6
No person may allow an animal gathering to take place on licensed premises on which animals have been kept until 27 days has elapsed from the day on which—
a
the last animal has left the licensed premises; and
b
all equipment to which animals had access has been cleansed of visible contamination, after the last animal has left the licensed premises.
Exemption from the 27-day restriction for licensed premises with paved animal area7
1
The restriction in article 6 does not apply where all animal areas on the licensed premises are paved, and such areas (and any equipment thereon) are scraped clean, swept, cleansed by washing and then disinfected with an approved disinfectant before the next animal gathering.
2
The scraping, sweeping, cleansing and disinfection required in paragraph (1) must—
a
only commence once animals have left that area being so treated; and
b
be completed after the last animal has left the licensed premises.
3
A veterinary inspector may issue an authorisation to a licensee to hold an animal gathering that is exempt from the article 6 restriction subject to requirements that are different from those contained in paragraphs (1) and (2).
4
If, following the last occasion on which any paved animal area was treated in accordance with this article, any part of such area becomes re-contaminated with animal excreta or other material of animal origin or any contaminant derived from animals, then that re-contaminated part must be scraped clean, swept, cleansed by washing and then disinfected before any animals are allowed onto the licensed premises for the next animal gathering.
Destruction, treatment or disposal of feeding stuffs and other materials8
1
The licensee must ensure that all feeding stuffs to which animals had access, and all bedding, animal excreta, other material of animal origin and other contaminants derived from animals in the animal area are—
a
Destroyed;
b
treated so as to remove the risk of transmission of disease; or
c
disposed of so that animals do not have access to them.
2
This article does not apply to any material required to be disposed of under the Animal By-Products (Wales) Regulations 20064.
Admittance of animals only for a period of up to 48 hours9
1
No person may bring or permit any animal onto premises used for an animal gathering after the gathering has been open to receive animals for a period of 48 hours.
2
A veterinary inspector may by notice extend the period when animals may be permitted to enter an animal gathering.
3
For the purpose of this article, where more than one animal gathering is held on the same licensed premises and animals are present at all times on that premises during such gatherings, those gatherings are to be treated as one animal gathering, and the 48-hour period for the premises being open to receive animals applies.
Requirement to notify and publicise the times for bringing animals to animal gatherings10
In the case of any animal gathering to be used for the purpose of a sale (whether or not sale is the sole purpose) or a collection, the licensee must at least 14 days in advance–
a
publicise the times when the licensed premises will be open to receive animals and the purpose (including a sale or collection identified in article 11 if appropriate) of the animal gathering; and
b
notify this information to both the Welsh Ministers and the local authority.
Dedicated slaughter sales and dedicated slaughter collections11
1
No person may hold a dedicated slaughter sale or a dedicated slaughter collection other than on a paved animal area.
2
No person may hold a dedicated slaughter sale or a dedicated slaughter collection as part of an animal gathering held for any other purpose.
3
In this article—
a
a “dedicated slaughter collection” (“casgliad cigydda dynodedig”) means an animal gathering for the purpose of onward consignment direct to slaughter in Great Britain; and
b
a “dedicated slaughter sale” (“gwerthiant cigydda dynodedig”) means an animal gathering for the purpose of a sale before onward consignment direct to slaughter in Great Britain.
Restrictions following an animal gathering12
1
The provisions of this article apply once the last animal at an animal gathering has left the licensed premises.
2
No person may allow animals onto that premises for any purpose until all equipment to which animals had access during an animal gathering has been cleansed of visible contamination.
3
Following an animal gathering a person may only remove from the licensed premises any equipment to which animals had access if–
a
the equipment has been scraped clean, swept, cleansed by washing and then disinfected with an approved disinfectant; or
b
a period of 27 days has elapsed since the last animal has left the licensed premises.
4
Where there is no appropriate facility to properly cleanse and disinfect the equipment on the licensed premises in accordance with the requirement in paragraph 3(a) then the equipment may be moved to the nearest appropriate facility where it must be cleansed and disinfected.
Enforcement13
1
This Order must be enforced by the local authority.
2
The Welsh Ministers may direct that, in relation to cases of a particular description or any particular case, an enforcement duty imposed on a local authority under this article is to be discharged by the Welsh Ministers and not by the local authority.
Revocation and transitional arrangement for existing licences14
1
The Animal Gatherings (Wales) Order 20075 is revoked.
2
A licence granted under that Order which was in force immediately before the coming into force of this Order will be treated as a licence granted under article 5(1).
(This note is not part of the Order)