Welsh Statutory Instruments
Animals, Wales
Animal Health
Made
6 November 2023
Coming into force
8 November 2023
The Welsh Ministers, in exercise of the powers conferred by sections 1, 7(1) and (2), 8(1), 15(5), 17(1), 23 and 25 of the Animal Health Act 1981(1), make the following Order.
1981 c. 22. (“the 1981 Act”). Section 8(1) of the 1981 Act was amended by section 34(2) of the Agriculture Act 2020 (c. 21). Section 87(4) of the 1981 Act provides that subject to provisions mentioned in subsection (5) the Act has effect in relation to poultry as it has effect in relation to animals. Section 87(4) of the 1981 Act was amended by section 2(2) of the Animal Health and Welfare Act 1984 (c. 40). Article 3(1) of the Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No 2) Order 2006 (S.I. 2006/2927) (W. 262)) extends, for the purpose of that Order, the definition of “poultry” under section 87(4) of the 1981 Act to include all birds and the definition of “disease” under section 88(1) of the 1981 Act to include any infection in mammals caused by influenza virus of avian origin. Functions under the 1981 Act of “the appropriate Minister” and of “the Ministers” (the latter in so far as exercisable by the Secretary of State for Wales) were transferred, so far as exercisable in relation to Wales, to the then National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). “The appropriate Minister” and “the Ministers” are defined in section 86(1) of the 1981 Act. The functions under the 1981 Act, so far as exercisable by the Secretary of State, the Secretary of State for Scotland or the Secretary of State for Wales, were transferred to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141). All functions of the Minister of Agriculture, Fisheries and Food were then transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). Relevant functions of the Secretary of State were transferred to the then National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044). The functions of the National Assembly for Wales are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).