Welsh Statutory Instrument 2001 No. 2813 (W.242)

      The Foot-and-Mouth Disease (Amendment) (Wales) (No. 9) Order 2001


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STATUTORY INSTRUMENTS


2001 No. 2813 (W.242)

ANIMALS, WALES

ANIMAL HEALTH

The Foot-and-Mouth Disease (Amendment) (Wales) (No. 9) Order 2001

  Made 3rd August 2001 
  Coming into force on 4th August 2001 

The National Assembly for Wales and the Minister of Agriculture, Fisheries and Food, acting jointly in exercise of the powers conferred on them by sections 1, 7, 8(1), 17(1), 23, 25, 83(2) and 87(2) of the Animal Health Act 1981[1] and of all other powers enabling them in that behalf, hereby make the following Order:

Title, application and commencement
     1. This Order may be cited as the Foot-and-Mouth Disease (Amendment) (Wales) (No. 9) Order 2001; it applies in relation to Wales and shall come into force on 4th August 2001.

Amendment of the Foot-and-Mouth Disease Order 1983
    
2.  - (1) The Foot-and-Mouth Disease Order 1983[2], in so far as it applies in relation to Wales, shall be amended in accordance with the provisions of this article.

    (2) In article 3(1) the following definition shall be inserted:

      " "restricted infected area" means an infected area declared by special order of the Minister (made under article 29C (1) of this Order) to which the provisions of Part IIIA of this Order, or such of those provisions as may be specified in that order apply;".

    (3) In article 8(4)(b) the words "or a restricted infected area" shall be inserted after the words "an infected area".

    (4) In article 17(2) the words "subject to article 29C(2)" shall be inserted after the words "an infected area shall".

    (5) In article 18(1) the words "or the Minister" shall be added after "an inspector".

    (6) For article 29A(2) there shall be substituted the following paragraph - 

        " (2) Nothing in paragraph (1) above shall make it unlawful for - 

      (a) the occupier of any land, or for the member of a shooting party consisting of not more than three persons who are members of the occupier's household or persons employed by him as beaters, to shoot or attempt to shoot any game or other wildlife or any deer found on that land;

      (b) a person to shoot or attempt to shoot grouse, pheasant or partridge under the authority of a licence issued by a veterinary inspector and subject to any conditions that may be specified therein; or

      (c) a person to cull deer under the authority of a licence of the Minister and subject to any conditions that may be specified therein.".

    (7) The following articles shall be inserted after article 29(B):



    (8) In article 30(2) for the words "article 17(2) above" there shall be substituted the words "articles 17(2) and 29C(2) above".

    (9) In article 31(1)(a) the words "or the Minister" shall be added after "an inspector".

    (10) In article 32(1)(a) after the words "by the Minister" there shall be inserted the words:

    (11) For article 36(2) there shall be substituted the following paragraph - 

    (12) In article 37A after paragraph (3) there shall be inserted the following paragraph:

    (13) For article 38 there shall be substituted the following article - 

    (14) For article 46 there shall be substituted the following article - 

Effect of amendments to Part III of the 1983 Order
    
3. The reference to the provisions of Part III of the 1983 Order in article 29D(1) shall be construed as a reference to that order as amended hereby.

Effect of certain licences issued before the date of this Order
    
4. Licences issued by the Minister before the coming into force of this Order to authorise the movement of animals from premises in an infected area shall have effect from the coming into force of this Order as if so issued under article 18 of the 1983 Order as amended hereby.



Signed on behalf of the National Assembly for Wales on


3rd August 2001


D. Elis Thomas
Presiding Officer


Signed on


3rd August 2001


Elliot Morley
Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs


EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Foot-and-Mouth Disease Order 1983 (the "1983 Order") (S.I. 1983/1950 as last amended, in relation to Wales by S.I. 2001/2236 (W. 162))

The principal amendments to the 1983 Order are as follows - 

    1) Article 29A(2) is amended - 

    (a) so as to make it clear that the number of permitted persons who may make up a shooting party allowed to shoot game, wildlife or deer in an infected area declared under Part III of the 1983 Order (in accordance with that paragraph and as an exception to certain of the prohibitions set out in paragraph (1) of that article) shall include any beaters employed by the person on whose land the shoot takes place; and

    (b) to allow the shooting (or attempted shooting) in an infected area (declared under Part III of the 1983 Order) of grouse, pheasant or partridge under a licence issued by a veterinary inspector. (article 2(6))

(By virtue of article 3 of this Order, these amendments will also apply in relation to the equivalent provisions applying in a restricted infected area declared under Part IIIA of the 1983 Order)

    
2. Article 36(2) is amended to make it clear - 

     3. A Part IIIA is inserted, including new articles 29C and D, under which the Minister of Agriculture, Fisheries and Food ("the Minister") may declare an area to be an infected area (a "restricted infected area") to which the provisions set out in that part will apply (article 2(7)).

The provisions which will apply to a restricted infected area are the same as those which apply in the case of an infected area declared under Part III of the 1983 Order but subject to the variations set out in new articles 29C and D and any variations and exceptions provided for in the order declaring that restricted infected area. In particular there are additional cleansing and disinfection requirements (new article 29D) in relation to the movement of people onto and off premises where animals are kept and cleansing and disinfection requirements on persons who tend animals. The owner or occupier of premises where animals are kept is also required to maintain disinfectant footbaths at every exit from the premises. Additional cleansing and disinfection requirements apply in relation to vehicles moving onto and off premises which are not predominantly used as domestic dwellings where animals are kept and movements of milk, fodder and other animal feed onto and off such premises can only be made under the authority of a licence issued by an inspector of the Minister and in accordance with its terms.

    
4. The Order amends article 32 of the 1983 Order (article 2(10)) so as to permit an inspector to license movements of carcases, manure, slurry and litter out of a knacker's yard in a controlled area declared under Part IV of the 1983 Order. In addition article 37A of the 1983 Order is amended (article 2(12)) so as to permit the Minister to revoke by declaration a prohibition on access to land or buildings which has been imposed under that article.

    
5. Article 38 is revoked and replaced so as to extend the power of veterinary inspectors to impose restrictions on the occupier of premises or on the owner or person in charge of any animal, poultry or thing for the purpose of preventing the spread of disease. The new article 38 enables a veterinary inspector to prohibit the movement of persons into, within or out of a place; to prohibit or require the movement of animals; to require the detention or isolation of animals, poultry or things or the separation of animals and poultry; to require the destruction, burial, disposal or treatment of any thing; to require the cleansing and disinfection of any place or thing or to require any person to disinfect himself; or to impose other requirements with respect to any animal, poultry or thing (article 2(13)).

    
6. Article 46 is amended so as to enable the Minister to direct that he or she rather than the local authority should execute and enforce certain descriptions of cases or particular cases under the 1983 Order (article 2(14)).

    
7. A regulatory appraisal has not been prepared for this Order.


Notes:

[1] 1981 c.22. See section 86(1) for the definitions of "the Ministers" and "the Minister". Functions of "the Ministers", so far as exercisable by the Secretary of State for Wales in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Functions of "the Ministers", so far as exercisable by the Secretary of State for Scotland in relation to 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).back

[2] S.I 1983/1950 as amended by S.I. 1993/3119, S.I. 1995/2922, and, as regards Wales, by S.I.s 2001/572 (W. 26), 2001/658 (W. 33), 2001/968 (W. 46), 2001/1033 (W.47) (itself amended by S.I. 2001/1234 (W. 67), 2001/1406 (W. 93), 2001/1509 (W.106), 2001/1874 (W. 134) and 2001/2236 (W. 162).back



ISBN 0 11090319 6


 

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