The Disease Control (Wales) Order 2003

Made: 29th July 2003

Coming into force: 1st August 2003

The National Assembly for Wales and the Secretary of State, acting jointly in exercise of the powers conferred on them by sections 1, 7, 8(1) and 83 of the Animal Health Act 1981[^f00001], make the following Order:

PART 1 — Introduction

Title, application and commencement

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.

Interpretation

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;

• “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 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;

• ...

• and

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

Exceptions

3

This Order does not apply in relation to a movement —

• (a) licensed under the Foot-and-Mouth Disease Order 1983[^f00003]; or

• (b) to or from a zoo licensed under the Zoo Licensing Act 1981[^f00004].

PART 2 — Movement restrictions

Restrictions on the movement of cattle, sheep and goats

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.

Restrictions on the movement of pigs

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.

Permitted movements during standstill

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.

Movements that do not trigger a standstill period

7

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

Isolation facilities

8

• (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.

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

Marking sheep and goats travelling to shows or exhibitions

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[^f00005].

Restrictions on movements to and from slaughterhouses

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.

Sole occupancy groups

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.

PART 3 — Licences

Requirement for a licence to move animals

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 article 20 of the Pigs (Records, Identification and Movement) (Wales) Order 2011 (licences relating to pet pigs).

Notices prohibiting movement under a general licence

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.

Specific licences

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.

• (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.

General licences

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Copies of licences

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.

Compliance with licences, etc.

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.

Licences issued in Scotland or England

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.

PART 4 — Miscellaneous and enforcement

Licences, permits and authorisations

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.

Cleansing and disinfection

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[^f00007].

• (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.

Change of occupation of premises

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.

Enforcement

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.

Revocations

23

The Disease Control (Interim Measures) (Wales) (No.2) Order 2003[^f00008] is revoked.

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

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.

SCHEDULE 1 — Movements off premises which are permitted during the standstill period

Movement for veterinary treatment, etc.

1

• (1) The movement of an animal to a place for veterinary treatment.

• (2) The movement of an animal from a place for veterinary treatment provided the animal has not come into contact with other animals while at the place of treatment.

• (3) The movement of an animal to a laboratory for diagnostic tests to be carried out to ascertain whether the animal is affected by or has been exposed to a disease.

Movement for slaughter

2

The movement of an animal direct to a slaughterhouse.

3

The movement of a pig to a market for pigs intended for immediate slaughter.

4

The movement of an animal to a collecting centre for animals intended for immediate slaughter, provided that —

• (a) the collecting centre premises have not been and will not be used on the same day for a show or exhibition or for the sale or trading of animals otherwise than for immediate slaughter; and

• (b) all animals moved to the collecting centre are moved from there direct to a slaughterhouse.

Movement for artificial insemination

5

The movement of ... pigs to an artificial insemination centre.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Animals for export

7

The movement of an animal for direct export or to a collecting centre or assembly centre ... prior to such export.

Movement within a sole occupancy group

8

The movement of animals between premises in a sole occupancy group.

Common land

9

• (1) The movement of an animal between land over which the owner or keeper of the animal has a registered right of common and —

• (a) premises occupied by the owner or keeper of the animal and in relation to which the registered right of common is customarily exercised; or

• (b) premises occupied by any other person who has a registered right of common over that land and in relation to which the registered right of common is customarily exercised.

• (2) The movement of an animal between premises occupied by the owner or keeper of the animal and in relation to which a registered right of common over land is customarily exercised and premises occupied by any other person who has a registered right of common over that land and in relation to which the registered right of common of that other person is customarily exercised.

• (3) In this paragraph “registered right of common” means a right of common registered under the Commons Registration Act 1965[^f00010] or a right of common which is exempt from such registration but which is registered, designated, attached, or otherwise recognised, continued or preserved under and in accordance with any of the New Forest Acts 1854, 1949, 1964 and 1970, the Epping Forest Acts 1878[^f00011] and 1880[^f00012] or the City of London (Various Powers) Act 1977[^f00013] or any like right or permission exercised in the Forest of Dean.

Movement of pigs for breeding, etc.

10

• (1) The movement of a pig intended for breeding or growing in accordance with article 21 of the Pigs (Records, Identification and Movement) (Wales) Order 2011.

• (2) The movement of a pig intended for breeding other than in accordance with paragraph (1) if that pig has been placed in an isolation facility approved for this purpose by a veterinary inspector for 20 days prior to the movement.

Movement of pigs to shows and exhibitions

11

The movement of a pig to a show or exhibition provided that —

• (a) it is isolated for 20 days prior to the movement taking place in premises approved for this purpose by a veterinary inspector; or

• (b) it has been returned to its premises of origin from a show or exhibition and isolated at its premises of origin in premises approved in accordance with paragraph (a) from the time of arriving from the first show or exhibition to the time of leaving for the second show or exhibition.

Movement of rams and bulls for breeding

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Movement of cattle, sheep and goats to shows and exhibitions

13

The movement of cattle, sheep and goats to shows and exhibitions provided where they have moved from another show or exhibition within the last 6 days they have been held in a quarantine unit and have not left that quarantine unit since being taken into it.

Vehicles dropping off other animals

14

Movement of an animal which is on a vehicle which enters premises to drop off other animals, provided it has not left the means of transport while on the premises.

SCHEDULE 2 — Movements on to premises that do not trigger the standstill period

Arrival at a premises licensed under the Animal Gatherings (Wales) Order 2003

1

The movement of an animal on to any premises licensed under the Animal Gatherings (Wales) Order 2010 if the movement is for the purposes of a gathering licensed under that Order.

Arrival at an artificial insemination centre

2

The movement of an animal on to an artificial insemination centre.

Movement of a pig under the Pigs (Records, Identification and Movement) (Interim Measures) (Wales) (No. 2) Order 2002

3

Movement of a pig where that movement is as referred to in article 21 of the Pigs (Records, Identification and Movement) (Wales) Order 2011.

Movement of a pig for breeding purposes

4