1. The title of these Regulations is the Bluetongue (Wales) Regulations 2008; they apply in relation to Wales come into force on 26 April 2008.
2.—(1) In these Regulations—
“animal” (“anifail”) means a ruminating animal (and for the purposes of these Regulations all camelids are considered to be ruminating animals) and “carcase” (“carcas”), “embryo” (“embryo”), “ovum” (“ofwm”) and “semen” (“semen”) mean the carcase, embryo, ovum and semen of such an animal;
“control zone” (“parth rheoli”) means a zone referred to in regulation 12;
“infected premises” (“mangre heintiedig”) means premises on which the existence of bluetongue has been confirmed;
“inspector” (“arolygydd”) means an inspector appointed as such by the Welsh Ministers or a local authority for the purpose of these Regulations and, unless the context otherwise requires, includes a veterinary inspector;
“local authority” (“awdurdod lleol”) means in relation to an area the county council or county borough council for that area;
“midge” (“gwybedyn”) means an insect of the genus Culicoides;
“premises” (“mangre”) includes any place;
“vaccine” (“brechlyn”) means vaccine against bluetongue virus; and
“veterinary inspector” (“arolygydd milfeddygol”) means a person appointed as such by the Welsh Ministers for the purposes of these Regulations.
(2) Any authorisation, licence, notice or designation under these Regulations must be in writing, may be subject to conditions and may be amended, suspended or revoked by notice at any time.
3. These Regulations do not apply to—
(a) anything a person is authorised to do by a licence granted under the Specified Animal Pathogens Order 1998(5);
(b) any quarantine centre or quarantine facility approved under the Animals and Animal Products (Import and Export) (Wales) Regulations 2006(6);
(c) administration of a vaccine for research purposes in accordance with an animal test certificate granted under the Veterinary Medicines Regulations 2007(7).
4.—(1) A person moving anything under the authority of a specific licence granted under these Regulations must—
(a) carry the licence or a copy of it at all times during the licensed movement;
(b) on demand by a veterinary inspector, inspector or an officer of the Welsh Ministers, produce the licence or copy and allow a copy or extract to be taken.
(2) A person moving anything under the authority of a general licence granted under these Regulations must—
(a) carry, at all times during the movement, a consignment note that contains details of—
(i) what is being transported, including the quantity;
(ii) the date of the movement;
(iii) the name of the consignor;
(iv) the address of the premises from which the movement started;
(v) the name of the consignee;
(vi) the address of the premises of destination;
(b) on demand by a veterinary inspector, inspector or an officer of the Welsh Ministers, produce the consignment note and allow a copy or extract to be taken.
5. Except where otherwise directed by the Welsh Ministers and except in respect of a licence to obtain vaccine or a licence to vaccinate, licences granted in Scotland or England for activities which could be licensed in Wales under these Regulations have effect in Wales as if they were licences granted under these Regulations.
6. Declarations of zones—
(a) must be in writing;
(b) may be amended by further declaration at any time;
(c) must designate the extent of the zone being declared; and
(d) may only be revoked by further declaration.
7.—(1) Premises partly inside a temporary control zone and not inside any other zone are treated as being inside the temporary control zone.
(2) Premises partly inside a control zone are treated as being inside that zone.
(3) Premises partly inside a vaccination zone are treated as being inside that zone.
(4) Otherwise—
(a) if a restricted zone has been divided into a protection zone and a surveillance zone premises partly inside the protection zone and partly inside the surveillance zone are treated as being inside the protection zone;
(b) premises partly inside a restricted zone and partly inside an area that does not have controls for bluetongue are treated as being inside the restricted zone; and
(c) premises partly inside a restricted zone and partly inside a temporary control zone are treated as being inside the restricted zone.
8.—(1) The owner or keeper of any animal or carcase, or any person who examines or inspects any animal or carcase, who knows or suspects that the animal or carcase is infected with bluetongue, must—
(a) immediately notify the Divisional Veterinary Manager; and
(b) not move any animal or carcase on or off the premises where the animal or carcase known to be or suspected of being diseased is located, except as authorised by an inspector.
(2) A person who analyses a sample taken from any animal or carcase and who finds evidence of antibodies to, or antigens or nucleic acids of, the bluetongue virus or any evidence of vaccination for bluetongue must immediately notify the Divisional Veterinary Manager.
(3) “Divisional Veterinary Manager” (“Rheolwr Milfeddygol Rhanbarthol”) means the veterinary inspector appointed by the Welsh Ministers to receive information about animals or carcases diseased or suspected of being diseased for the area in which such animals or carcases are situated.
9.—(1) An inspector who knows or suspects that the bluetongue virus exists on any premises must immediately serve a notice on the occupier or on the keeper of any animals on those premises requiring that—
(a) no animal, ovum, semen or embryo enters or leaves the premises;
(b) an inventory of all animals on the premises is made, recording, for each species—
(i) the number dead;
(ii) the number alive that appear to have bluetongue; and
(iii) the number alive which do not appear to have bluetongue;
(c) the inventory is kept up to date;
(d) all animals on the premises are kept indoors or as directed by an inspector;
(e) the premises and animals on them are subjected to the midge control measures specified in the notice.
(2) A veterinary inspector or an inspector acting under the direction of a veterinary inspector may also serve such a notice on the occupier of premises or the keeper of animals on those premises if the veterinary inspector suspects that animals on the premises have been exposed to the bluetongue virus.
(3) The person making the inventory must keep a record of it for at least two years.
10.—(1) If an inspector suspects that the bluetongue virus exists on any premises, the Welsh Ministers may declare a temporary control zone.
(2) When a temporary control zone has been established in England which touches the border with Wales the Welsh Ministers may establish an associated temporary control zone in Wales.
(3) The location and size of the temporary control zone is to be such as the Welsh Ministers consider appropriate to prevent the spread of disease.
(4) Where a temporary control zone has been established, no person may move any animal on to or off premises in the zone except in accordance with a licence issued by a veterinary inspector.
(5) A temporary control zone ceases to exist in any area subsequently incorporated into a control zone or a restricted zone.
11. Once a veterinary inspector is satisfied that bluetongue exists on any premises, the veterinary inspector may serve a notice on the occupier or the keeper of any animals on those premises—
(a) confirming the existence of bluetongue on the premises; and
(b) notifying the occupier that, notwithstanding regulation 8, it is unnecessary to notify any further suspected cases of bluetongue on the premises to the Divisional Veterinary Manager.
12.—(1) If the Chief Veterinary Officer confirms that the bluetongue virus is circulating in Wales, the Welsh Ministers, on being satisfied on epidemiological, geographical, ecological or meteorological grounds that this is appropriate for disease control purposes, must declare an area to be a control zone.
(2) The control zone must include the infected premises, and be of such size as the Welsh Ministers consider appropriate for disease control purposes.
(3) No person may move an animal to or from premises in a control zone.
13.—(1) If the Chief Veterinary Officer confirms that the bluetongue virus is circulating in Wales the Welsh Ministers—
(a) must declare an appropriate area to be a restricted zone;
(b) may, within a restricted zone, declare any area around an infected premises to be a protection zone, and any area beyond such protection zone to be a surveillance zone.
(2) No person may move an animal, semen, ovum or embryo out of a restricted zone except under the authority of a licence granted by an inspector.
(3) No person may move an animal out of a protection zone except under the authority of a licence granted by an inspector.
(4) An inspector must grant a licence if the movement is permitted under Commission Regulation (EC) No. 1266/2007 as amended from time to time, and the conditions of any licence must be such as to ensure that the movement is made in accordance with that Regulation.
(5) A person is prohibited from moving an animal within a restricted zone if the animal shows clinical signs of bluetongue on the day of transport.
14.—(1) The Welsh Ministers may designate a slaughterhouse for the purpose of slaughtering animals transported out of a restricted zone.
(2) If an animal is transported from a restricted zone to a slaughterhouse outside that restricted zone in accordance with a licence, the operator of the slaughterhouse must slaughter the animal within 24 hours of arrival.
(3) The operator of a slaughterhouse in a surveillance zone may only slaughter an animal from a protection zone if licensed to do so by the Welsh Ministers.
15. If an animal, semen, ovum or embryo that has been in a restricted zone is moved on to premises outside the restricted zone, an inspector may serve a notice on the occupier of those premises, and on the occupier of any premises to which the animal, semen, ovum or embryo is subsequently moved, prohibiting its movement from those premises except under the authority of a licence issued by an inspector.
16. If bluetongue is confirmed outside Wales and the Welsh Ministers consider it appropriate for disease control purposes, the Welsh Ministers may declare in Wales a temporary control zone, a control zone, a protection zone, a surveillance zone or a restricted zone (which may be made up of a protection zone and a surveillance zone).