The Specified Animal Pathogens (Amendment) (Wales) Order 2006

Made: 14 November 2006

Coming into force: 24 November 2006

The National Assembly for Wales, in exercise of the powers conferred by sections 1, 88(2) and (4) of the Animal Health Act 1981[^f00001] and now vested in it, hereby makes the following Order:

Title, commencement and application

1

The title of this Order is the Specified Animal Pathogens (Amendment) (Wales) Order 2006, it comes into force on 24 November 2006 and applies in relation to Wales.

Amendments to the Specified Animal Pathogens Order 1998

2

• (1) The Specified Animal Pathogens Order 1998[^f00002] is amended in accordance with paragraphs (2) to (5)

• (2) For article 4, substitute—

(4) (1) No person is permitted to have in his or her possession— (a) any animal pathogen specified in Part 1 of the Schedule to this Order (“the Schedule”); or (b) any carrier in which he or she knows such a pathogen is present, except under the authority of a licence issued by the National Assembly for Wales (“the National Assembly”). (2) No person is permitted to deliberately introduce into any animal any animal pathogen specified in either Part 1 or Part 2 of the Schedule, except under the authority of a licence issued by the National Assembly. (3) Paragraphs (1) and (2) apply subject to article 5. (4) If any person has in his or her possession any thing in respect of which he or she has reasonable grounds for suspecting that an animal pathogen specified in Part 1 of the Schedule is present, and does not have a licence in respect of that pathogen, he or she must forthwith notify a veterinary inspector.

• (3) For article 5(2)(a), substitute—

(a) permitted to be placed on the market under the Veterinary Medicines Regulations 2005[^f00003] or the Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994[^f00004];

• (4) For article 5(2)(c), substitute—

(c) in respect of which an animal test certificate has been issued in accordance with regulation 8(3) of the Veterinary Medicines Regulations 2005.

• (5) For the Schedule, substitute the Schedule to this Order.

SCHEDULE

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00005]

Dafydd Elis-Thomas — The Presiding Officer of the National Assembly — 14 November 2006

Explanatory note

(This note is not part of the Order)

This Order amends the Specified Animal Pathogens Order 1998 (S.I. 1998/463) (“the 1998 Order”) in so far as it applies in relation to Wales.

This Order—

• (a) adds Nipah disease virus, West Nile virus and St. Louis equine encephalomyelitis virus to Part 1 of the Schedule;

• (b) updates certain terms in the Schedule with those now more commonly used by the scientific community;

• (c) updates certain references to veterinary medicines legislation; and

• (d) clarifies article 4 of the Order as to which controls apply to pathogens in each Part of the Schedule.

A draft of this Order was notified to the European Commission in accordance with Directive 98/34/EC (OJ No L 204 21/07/98 p.37), as amended by Directive 98/48/EC (OJ No L217 05/08/98 p.18).

A regulatory appraisal has been undertaken in respect of this Order and is available for inspection at the offices of the National Assembly for Wales, Department of Environment, Planning and Countryside, Crown Buildings, Cathays Park, Cardiff.

Footnotes

[^f00001]: 1981 c. 22. See section 86(1) for a definition of “the Ministers”. The functions of “the Ministers”, in so far as they are exercisable in relation to Wales, were transferred to the National Assembly for Wales by virtue of S.I. 1999/672 and S.I. 2004/3044.

[^f00002]: S.I. 1998 / 463.

[^f00003]: S.I. 2005 / 2745

[^f00004]: S.I. 1994 / 3144

[^f00005]: 1998 c. 38.