Statutory Rules of Northern Ireland

2008 No. 38

ANIMALS

animal health

The Bluetongue Order (Northern Ireland) 2008

Made

1st February 2008

Coming into operation

22nd February 2008

Go to Explanatory Note

This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972(1) and it appears to the Department of Agriculture and Rural Development that it is expedient for the reference to Commission Regulation (EC) No. 1266/2007(2) to be construed as references to that Regulation as amended from time to time.

The Department of Agriculture and Rural Development(3) makes the following Order in exercise of the powers conferred by paragraph 1A of Schedule 2 to the European Communities Act 1972 (4) and Articles 5(1), 10(6), 12(1), 14, 19, 20, 44, 46(7A) and 60(1) of the Diseases of Animals (Northern Ireland) Order 1981(5):

PART I INTRODUCTION

Citation and commencement

1.  This Order may be cited as the Bluetongue Order (Northern Ireland) 2008 shall come into operation on 22nd February 2008.

Interpretation

2.—(1) In this Order—

“animal” means a ruminating animal, and “carcase”, “embryo”, “ovum” and “semen” mean the carcase, embryo, ovum and semen of such an animal;

“premises” includes any place;

“confirmation of the disease” means a declaration by the Department that the bluetongue virus is circulating in a specific area;

“the Department” means the Department of Agriculture and Rural Development;

“the Directive” means Commission Directive 2000/75/EC laying down specific provisions for the control and eradication of bluetongue;

“the Regulation” means Commission Regulation 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue;

“the disease” means bluetongue;

“diseased” means affected with the disease;

“Divisional Veterinary Officer” means a Divisional Veterinary Officer of the Department appointed for the time being by the Department to receive information about animals or carcases diseased or suspected of being diseased for the area in which such animals or carcases are situated;

“keeper” means any natural or legal person having ownership of, or charged with keeping animals, whether or not for financial reward;

“midge” means an insect of the genus Culicoides; and

“sentinel animal” means an animal that does not have antibodies to the bluetongue virus when first introduced or retained at the premises and is used for surveillance for the bluetongue virus.

(2) Any authorisation, licence, notice or direction under this Order must be in writing, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time.

(3) The Interpretation Act (Northern Ireland) 1954(6) shall apply to this Order as it applies to an Act of the Northern Ireland Assembly.

Exemptions

3.  This Order does not apply to the bluetongue virus possessed under a licence issued under the Specified Animal Pathogens Order (Northern Ireland) 1999(7).

(2)

O.J. No. L 283, 27.10.2007, p. 37 Back [2]

(3)

Formerly the Department of Agriculture for Northern Ireland: see S.I. 1999/283 (N.I. 1), Art. 3(4) Back [3]

(4)

Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) Back [4]

(5)

S.I.1981/1115 (N.I.22) as amended by S.I. 1984/702 (N.I.) Art.17 and S.I. 1994/1891 (N.I. 6) Art.20, 22 and 23 Back [5]

(6)

1954 c.33 (NI) Back [6]

(7)

S. R. 1999 No.434 Back [7]