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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Foot-and-Mouth Disease (Amendment) (Wales) (No. 4) Order 2001 URL: http://www.bailii.org/wales/legis/num_reg/2001/20011033e.html |
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Made at | 10.15 p.m. on 16th March 2001 | ||
Coming into force at | 11p.m.on 16th March 2001 |
(3) Articles 31 to 37 are replaced by Schedule 1 to this Order.
(4) After Schedule 4, Schedule 2 of this Order is added.
Transitional provisions
3.
Any restrictions on access to land, common land, unenclosed or waste land, footpath or right of way imposed under Part IV of the Foot-and-Mouth Disease Order 1983 before it was amended by this Order shall continue to have effect until revoked by -
Signed at 22.15 on 16th March 2001
D. Elis-Thomas
The Presiding Officer of the National Assembly for Wales
Signed at 8.20 p.m. on 16th March 2001
Helene Hayman
Minister of State Ministry of Agriculture, Fisheries and Food
(2) An inspector may, by licence issued in the form set out in Schedule 5 to this Order, permit, for the purposes of slaughter, the movement of -
(3) For the purposes of this article, licences or approvals issued in Scotland or Wales operate as if granted in England.
(4) Where an animal is moved to a slaughterhouse under this article, the occupier of the slaughterhouse shall ensure that the animal is slaughtered at those premises in accordance with any condition relating to slaughter specified in the licence and in any event within 24 hours of arrival there.
(5) The person in charge of the vehicle in which animals are moved under this article shall ensure that it is thoroughly cleansed and disinfected in accordance with the requirements of paragraph 3 of Schedule 2 to this Order as soon as possible after the animals have been unloaded and, in any case, before the vehicle is moved from the delivery premises.
(6) The occupier of premises to which animals are moved under this article shall -
Control of products from slaughterhouses and knacker's yards
32.
(1) No person shall move any carcase or animal product (unless intended for human consumption) or any manure, slurry or litter, out of a slaughterhouse or knacker's yard except -
(2) Anything moved under paragraph 1(a) above shall be moved in a drip-proof container or vehicle, and the owner or person in charge of that container or vehicle shall, as soon as possible after unloading and in any case before it is used again, cleanse and disinfect the container or vehicle in accordance with paragraph 3 of Schedule 2 to this Order.
(3) No person shall move anything under this article to premises on which there is an animal and any person moving or receiving anything under this article and the occupier of the premises to which it is moved shall ensure that it is not brought into contact with, or fed to, any animal.
Control of carcases
33.
No person shall move any carcase (other than the carcase of an animal slaughtered for human consumption or a suspect BSE or scrapie carcase destined for disposal) from premises other than a slaughterhouse or knacker's yard, except under the authority of a licence issued by the Minister.
Prevention of animals from straying
34.
- The person in charge of an animal kept on any premises shall take all necessary steps to prevent that animal from straying from those premises.
Control of markets, sales and gatherings of animals
35.
- (1) Subject to paragraph (2) below, no person shall use any premises for a fair, market, show or other gathering of animals.
(2) Notwithstanding the prohibition in paragraph (1) above, the use of premises as a collecting centre may be permitted by licence issued by an inspector of the local authority, in accordance with the advice of the Chief Veterinary Officer.
Hunting and stalking
36.
Hunting and stalking are prohibited.
Cleansing and disinfection of certain premises and vehicles
37.
The occupier of a collecting centre, slaughterhouse or knacker's yard shall cleanse and disinfect the premises as soon as practicable after it has been emptied of animals and in any event before any animal, fodder, litter or thing is moved there again, at his own expense and in accordance with the provisions of paragraphs 1and 2 of Schedule 2 to this Order together with any additional requirements notified by an inspector.
Power to close footpaths
37A
(1) Subject to paragraph (2) below, and with the prior written consent of the Minister, an inspector may, notwithstanding the existence of any public footpath or right of way, prohibit the entry of any person -
by displaying or causing to be displayed a notice to that effect at every entrance to that land or building.
(2) No person shall enter any land or building in respect of which a notice is displayed under paragraph (1) other than -
(3) No person shall remove a notice except under the authority of a licence granted by an inspector.
Disinfection
37B
Disinfection under this part shall be with a disinfectant approved for the purpose of foot and mouth disease under the Diseases of Animals (Approved Disinfectants) Order 1978[6] at the concentration specified either for Foot and Mouth Disease or for "General Orders" whichever is higher.
Licences
37C.
- (1) Except under articles 31, 35 and 37A above, licences under this Part may only be issued by the Minister.
(2) The Minister shall not issue licences under this Part except in accordance with the advice of the Chief Veterinary Officer.
(3) Where a local authority issues a licence under this Part, it shall retain a copy of the licence for a period of 6 months.
Enforcement
37D.
- The provisions of this Part shall, in so far as they are to be enforced in slaughterhouses, be enforced by the Minister.
1 | 2 | 3 | 4 |
FROM | TO | ||
Name and address of the person to whom this licence is granted | is hereby licensed to moved (number and description of animals to be moved) | (Full address of premises from which the animals are to be moved (if different from 1)) | (Full address of premises to which the animals are to be moved) |
2.
Where no time period is specified for the completion of this licence, it shall be completed within 5 days or such shorter period as may be specified by an inspector.
3.
Where no time limit is specified for the slaughter of the animals, they shall be slaughtered within 24 hours of arrival at the slaughterhouse or such shorter period as may be specified by an inspector.
4.
The animals to which this licence relates shall -
5.
The Declaration in Part II of this licence shall be completed on the day the animals are moved but before the animals leave the premises.
6.
Where an animal is moved to a slaughterhouse under the authority of a licence granted by an inspector, it shall be slaughtered there in accordance with any condition relating to slaughter specified in this licence.
7.
The vehicle transporting the animals to the slaughterhouse or collecting centre shall be thoroughly cleansed and disinfected before leaving those premises in accordance with the requirements of Schedule 2 to the Foot-and-Mouth Disease Order 1983.
NOTE:
Any person involved in the movement or slaughter of animals under Part IV of the Foot-and-Mouth Disease Order 1983 must comply with any provisions of the following legislation applicable to them:
This licence shall be produced on demand to an inspector or other officer of the Ministry or local authority or to a constable, who may take a copy thereof or an extract there from, and may also require the person in charge of the animals to which this licence relates to furnish his name and address.
THIS LICENCE IS VALID FOR A PERIOD OF 5 DAYS FROM THE DATE OF ISSUE (OR SUCH SHORTER PERIOD AS MAY BE SPECIFIED BY AN INSPECTOR). HOWEVER, IT CANNOT BE USED UNTIL THE OWNER/ KEEPER DECLARATION HAS BEEN SIGNED AND THE MOVEMENT MUST BE COMPLETED ON THE DAY THE DECLARATION IS SIGNED
FAILURE TO COMPLY WITH ANY OF THESE PROVISIONS MAY RENDER A PERSON LIABLE TO PROSECUTION AND HEAVY PENALTIES ON CONVICTION.
[2] S.I. 1983/1950, as amended by S.I. 1993/3119, S.I. 1995/2922 and, as regards Wales, S.I. 2001/572, S.I. 2001/658 (W.33) and S.I.2001/968 (W.46).back
[4] S.I. 1997/2964 as amended by S.I. 2000/3234, S.I. 2000/3377 and S.I. 2000/3387/W/224.back
[5] S.I. 1997/2965 as amended by S.I. 1997/3062, S.I. 1998/2045 itself amended by S.I. 1998/2431, S.I. 1999/539, S.I. 2000/656, S.I. 2000/2672, S.I. 2000/3381 and S.I. 2000/3387/W/224.back
[6] S.I. 1978/32 as amended by S.I. 1978/934, S.I. 1999/919 and as further amended in relation to England only by S.I. 2000/3195 and S.I. 2001/608.back
[7] the time specified here shall be less than 24 hours.back
[8] the number of days specified here is to be no more than 5.back