The Poultry Compartments (Wales) Order 2010

Made: 8 July 2010

Coming into force: 30 July 2010

The Welsh Ministers consider it expedient that references to Commission Regulation (EC) 616/2009 [^f00002] implemented by this Order should have effect as references to that Regulation as amended from time to time.

Title, application and commencement

1

The title of this Order is the Poultry Compartments (Wales) Order 2010. It applies in relation to Wales and comes into force on 30 July 2010.

Interpretation

2

In this Order:—

• “administrative site” means premises in which documents or records relating to a production site are kept;

• “Commission Regulation” means Commission Regulation (EC) No 616/2009 implementing Council Directive 2005/94/EV as regards the approval of poultry compartments and other captive birds compartments with respect to avian influenza and additional preventive biosecurity measures in such compartments as amended from time to time; and

• “production site” means premises where poultry are kept for the purposes of breeding, rearing, fattening or egg production and which are the subject of an application under article 4.

Competent authority

3

The Welsh Ministers are the competent authority for the purposes of the Commission Regulation.

Applications

4

Applications for approval of compartments must be made on the forms provided by the Welsh Ministers on the Welsh Assembly Government website.

Power of inspectors

5

• (1) An inspector may, for any purpose relating to this Order—

• (a) enter any premises approved as a compartment under this Order and any administrative site which contains records relevant to the approval of a site as a compartment;

• (b) require the keeper to produce or copy any document or record;

• (c) remove and retain a copy of any document or record;

• (d) have access to, and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with records;

• (e) where a record is kept by means of a computer, require the record to be produced in a form which may be taken away;

• (f) be accompanied by ... any person the inspector considers necessary.

• (2) A person required to do anything by an inspector acting under paragraph (1) must, unless they have reasonable cause, do so without delay.

• (3) For the purposes of this article an inspector means any person approved as an inspector under the Animal Health Act 1981.

Inspections

6

• (1) The Welsh Ministers must inspect all production sites before approving them as a compartment..

• (2) Once production sites are approved as compartments the Welsh Ministers must reinspect those sites at intervals determined by an assessment of risk associated with each compartment.

• (3) When inspecting production sites the Welsh Ministers may also inspect administrative sites which hold records relevant to the approval of these production sites as compartments.

Signed

Elin Jones — Minister for Rural Affairs, one of the Welsh Minister — 2010-07-08

Explanatory note

(This note is not part of the Order)

This Order implements Commission Regulation (EC) No. 616/2009 which makes provision for the recognition of poultry compartments which meet high standards of biosecurity (OJ No L 181, 14.7.2009, p 16). Since application for recognition is voluntary the only sanction for failure to comply with the requirements of this Order is withdrawal of an approval of premises as a compartment.

Footnotes

[^f00001]: 1981 c. 22. Functions conferred under the 1981 Act on “the Minister” and “the Ministers” are so far as they are exercisable in relation to Wales, vest in the Welsh Ministers. Those functions were transferred to the National Assembly for Wales constituted by the Government of Wales Act 1998 (c. 38) by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) article 2. By virtue of paragraphs 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32), they were transferred to the Welsh Ministers.

[^f00002]: OJ No L 181, 14.7.2009, p.16.

Editorial notes

[^key-a242b06a14ac7333f68f08997efd00af]: Art. 1 in force at 30.7.2010, see art. 1

[^key-596f6051e8c28fd89bf888c08e163faa]: Art. 2 in force at 30.7.2010, see art. 1

[^key-4602a65ef3db61d6be0d2617a0b082ba]: Art. 3 in force at 30.7.2010, see art. 1

[^key-73a4b34b59a4f5e62220454153db3249]: Art. 4 in force at 30.7.2010, see art. 1

[^key-0d730ed36bea7c6f7caa6a680a0cd9b5]: Art. 5 in force at 30.7.2010, see art. 1

[^key-a8ccf62522c32c2c9138ca5a2b130d65]: Art. 6 in force at 30.7.2010, see art. 1

[^key-6068bf38654531c233adcf1bd1dd263b]: Words in art. 5(1)(f) omitted (31.12.2020) by virtue of The Exotic Diseases in Animals (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/371), regs. 1(2), 10; 2020 c. 1, Sch. 5 para. 1(1)