The Animal Diseases (Miscellaneous Amendments) (Wales) Order 2021

Made: 19 April 2021

Coming into force: 21 April 2021

The Welsh Ministers make this Order in exercise of the powers conferred by sections 1, 7, 8(1), 15(4), 15(5), 17(1), 23, 25, 28, 29, 72, 83(2), 87(2), 87(3) and 88(2) of the Animal Health Act 1981[^f00001].

Title, application and commencement

1

• (1) The title of this Order is the Animal Diseases (Miscellaneous Amendments) (Wales) Order 2021.

• (2) This Order applies in relation to Wales and comes into force on 21 April 2021.

Amendment of the Zoonoses Order 1989

2

• (1) The Zoonoses Order 1989[^f00002] is amended as follows.

• (2) In article 4—

• (a) In paragraph (1) —

• (i) at the end of sub-paragraph (b), omit “and”,

• (ii) for sub-paragraph (c), substitute “(c)Coxiella burnetii; and”, and

• (iii) after sub-paragraph (c), insert—

(d) severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

• (b) In paragraph (3)—

• (i) for sub-paragraph (b), substitute “(b) in the case of the organism mentioned in paragraph (1)(c), any cattle, sheep, camelids and goats; and”, and

• (ii) after sub-paragraph (b), insert—

(c) in the case of the organism mentioned in paragraph (1)(d), any mammal.

• (3) In article 8—

• (a) in paragraph (1), for “article 4(1)(a) or (b)” substitute “4(1)(a), (b) or (c)”,

• (b) in paragraph 8(5)(a), for “or rabbit”, substitute “, camelid, rabbit or dog”.

• (4) In article 8ZA—

• (a) in the heading, for “article 4(1)(c)” substitute “article 4(1)(d)”,

• (b) in paragraph (1), for article 4(1)(c), substitute “article 4(1)(d)”.

Amendment of the Specified Diseases (Notification) Order 1996

3

• (1) The Specified Diseases (Notification) Order 1996[^f00003] is amended as follows.

• (2) In article 3—

• (a) in paragraph 1(b), after “Schedule 1” insert “and Schedule 1A”; and

• (b) in paragraph (4), after “Schedule 1” insert “or Schedule 1A”.

• (3) After article 4 insert—

(4A) (1) For the purposes of the Animal Health Act 1981 in its application to this article— (a) the definition of “animals” in section 87(1) is extended to include amphibians of the group Caudata; and (b) the definition of “disease” in section 88(1) is extended to include infection with Batrachochytrium salamandrivorans. (2) A person who— (a) has possession, or is in charge, of an amphibian, and (b) knows or reasonably suspects the amphibian is infected with Batrachochytrium salamandrivorans, must give notice of this knowledge or suspicion as soon as practicable in accordance with article 5(1). (3) A veterinary surgeon, or other person, who in the course of that person’s duties— (a) examines or inspects an amphibian, and (b) knows or reasonably believes the amphibian to be infected with Batrachochytrium salamandrivorans, must give notice of this knowledge or belief as soon as practicable in accordance with article 5(1). (4) A person who— (a) analyses a sample taken from an amphibian, and (b) knows or reasonably suspects that the amphibian is infected with Batrachochytrium salamandrivorans, must give notice of this knowledge or suspicion as soon as practicable in accordance with article 5(1). (5) In paragraphs (2) to (4), “amphibian”— (a) means an amphibian of the group specified in paragraph (1)(a), and (b) includes the carcase, or part of a carcase, of an amphibian. (4B) (1) For the purposes of the Animal Health Act 1981 in its application to this article— (a) the definition of “animals” in section 87(1) is extended to include primates other than man; and (b) the definition of “disease” in section 88(1) is extended to include infection with Ebola virus. (2) A person who— (a) has possession, or is in charge, of a primate, and (b) knows or reasonably suspects that the primate is infected with Ebola virus, must give notice of this knowledge or suspicion as soon as practicable in accordance with article 5(1). (3) A veterinary surgeon, or other person, who in the course of that person’s duties— (a) examines or inspects a primate, and (b) knows or reasonably believes the primate to be infected with Ebola virus, must give notice of this knowledge or belief as soon as practicable in accordance with article 5(1). (4) A person who— (a) analyses a sample taken from a primate, and (b) knows or reasonably suspects that the primate is infected with Ebola virus, must give notice of this knowledge or suspicion as soon as practicable in accordance with article 5(1). (5) In paragraphs (2) to (4), “primate”— (a) means any kind of primate except man, and (b) includes the carcase, or part of a carcase, of a primate.

• (4) After article 5(2), insert—

(3) Sub-paragraphs (b) and (c) of paragraph (1) do not apply in the case of notice given under article 4A or 4B.

• (5) In article 6, for “article 3 or 4” substitute “article 3, 4, 4A or 4B”.

• (6) In the list of specified diseases in Part I of Schedule 1, insert at the appropriate places in alphabetical order—

• Contagious caprine pleuropneumonia

• Glanders (Burkholderia mallei)

• Surra (Trypanosoma evansi)

• (7) After Schedule 1 insert—

SCHEDULE 1A - Bovine genital campylobacteriosis - Bovine Viral Diarrhoea - Infection with porcine reproductive and respiratory syndrome virus - Infection with bovine rhinotracheitis or infectious pustular vulvovaginitis - Paratuberculosis - Trichomonosis

Amendment of the Diseases of Poultry (Wales) Order 2003

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• (1) The Diseases of Poultry (Wales) Order 2003[^f00004] is amended as follows.

• (2) In article 3(2) for “declaratory Order” substitute “declaration”.

• (3) After article 4, insert—

(4A) (1) A person who— (a) analyses a sample taken from a bird or bird carcase, and (b) knows or reasonably suspects that the bird or carcase is infected with Avian Mycoplasmosis (infection with Mycoplasma gallisepticumand M. meleagridis), must give notice of this knowledge or suspicion as soon as practicable to the Welsh Ministers. (2) This article applies only to domestic fowl and turkeys. (4B) (1) A person who— (a) analyses a sample taken from a bird or bird carcase, and (b) knows or reasonably suspects that the bird or carcase is infected with Avian Chlamydiosis, must give notice of this knowledge or suspicion as soon as practicable to the Welsh Ministers. (2) This article applies only to birds of the psittacines order.

• (4) In article 9—

• (a) in paragraphs (1) and (2), omit “by declaratory Order,”;

• (b) in paragraphs (3), (5) and (6), for “declaratory Order” substitute “declaration”;

• (c) in paragraph (7), for “declaratory order” substitute “declaration”.

Signed

Lesley Griffiths — Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers — 19 April 2021

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is made in exercise of powers conferred by the Animal Health Act 1981 (c. 22) (“the 1981 Act”).

Article 2 of this Order amends the Zoonoses Order 1989 ([S.I. 1989/285](https://www.legislation.gov.uk/uksi/1989/285)) to add *Coxiella burnetii* to the organisms designated for the purposes of section 29 of the 1981 Act (organisms to which the specified provisions of the Act apply). The designation of *Coxiella burnetii* applies in relation to cases where that organism is carried in any cattle, sheep, camelids or goats. It also applies the requirement to report findings of organisms of the genus salmonella and brucella found in samples taken from animals to include samples taken from dogs.

Article 3 of this Order amends the Specified Diseases (Notification) Order 1996 ([S.I. 1996/2628](https://www.legislation.gov.uk/uksi/1996/2628)) (“*the Specified Diseases Order*”). It makes the following changes—

• (a) the definition of “disease” in section 88 of the 1981 Act, in its application to article 3 (notification of specified diseases) of the Specified Diseases Order, is extended to include the diseases listed in the new Schedule 1A;

• (b) article 3(4) of the Specified Diseases Order is amended to require notification by a person who, following analysis of a sample taken from an animal or carcase, reasonably suspects that an animal or carcase is infected with bovine genital campylobacteriosis, bovine viral diarrhoea, porcine reproductive and respiratory syndrome virus, bovine rhinotracheitis or infectious pustular vulvovaginitis, paratuberculosis or trichomonosis (listed in a new Schedule 1A);

• (c) new articles 4A and 4B are inserted into the Specified Diseases Order, requiring notification of an occurrence, or suspected occurrence, of Batrachochytrium salamandrivorans in an amphibian and Ebola virus in a primate; and

• (d) the list of specified diseases in Part I of Schedule 1 to the Specified Diseases Order is amended to include contagious caprine pleuropneumonia, glanders (Burkholderia mallei) and surra (Trypanosoma evansi).

Article 4 of this Order amends the Diseases of Poultry (Wales) Order 2003 ([S.I. 2003/1079 (W. 148)](https://www.legislation.gov.uk/wsi/2003/1079)) to add a new duty to notify the Welsh Ministers of known or suspected cases of Avian Mycoplasmosis and Avian Chlamydiosis in certain species of birds. It also removes the requirement for a declaratory Order to be made upon confirmation of a designated disease in poultry and replaces this with the requirement for a declaration to be made instead.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment was not carried out as to the likely costs and benefits of complying with this Order.

Footnotes

[^f00001]: 1981 c. 22. Functions of “the Ministers” under the Animal Health Act 1981 (c. 22) (as defined in section 86(1) of that Act) are exercisable by the Welsh Ministers (in relation to Wales), by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044) and section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

[^f00002]: S.I. 1989/285, amended by S.I. 2011/2883 and S.I. 2021/192 (W. 43). There are other amendments not relevant to this Order.

[^f00003]: S.I. 1996/2628, amended by S.I. 2003/326 (W. 47), S.I. 2006/2237 (W. 199), S.I. 2010/618 (W. 60) and S.I. 2013/1662 (W. 158). There are other amendments not relevant to this Order.

[^f00004]: S.I. 2003/1079 (W. 148), amended by S.I. 2006/1762 (W. 184), S.I. 2010/618 (W. 60) and S.I. 2018/1216 (W. 249).