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Statutory Instruments made by the National Assembly for Wales
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URL: http://www.bailii.org/wales/legis/num_reg/2001/20013706e.html

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2001 No. 3706 (W.303)

ANIMALS, WALES

ANIMAL HEALTH

The Foot-and-Mouth Disease (Amendment) (Wales) (No. 12) Order 2001

  Made 16th November 2001 
  Coming into force: 19th November 2001 

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

Title, application and commencement
     1. This Order may be cited as the Foot-and-Mouth Disease (Amendment) (Wales) (No. 12) Order 2001; it applies to Wales, and shall come into force on 19th November 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 to Wales is amended in accordance with the provisions of this article.

    (2) In article 3(1) immediately after the definition of "embryo" there shall be inserted the following - 

    (3) After article 3(5) there shall be inserted the following - 

    (4) After article 27 there shall be inserted the following - 

    (5) In article 29A - 

    (6) For article 29B there shall be substituted the following - 

    (7) In article 29C

    (8) In article 29D the following shall be added after paragraph (2) - 

    (9) In article 36 the following paragraph shall be substituted for paragraph (2) - 

    (10) After article 37C there shall be inserted the following - 

Transitional provisions
     3. Declaratory Orders made under Parts III, IIIA or IV of the 1983 Order before this Order comes into force shall have effect so that the provisions of Parts III, IIIA or IV of the 1983 Order after amendment by this Order apply in the areas declared to be infected areas, restricted infected areas or controlled areas by those Declaratory Orders.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[3]





Signed on


16th November 2001


Carwyn Jones
Assembly Secretary


Signed on


16th November 2001


E. A. 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, as regards Wales, the Foot-and-Mouth Disease Order 1983 (S.I. 1983/1950), as last amended as regards Wales by S.I. 2001/3145 (W.260)) ("the 1983 Order"). It comes into force on the 19th November.

The principal amendments made to the 1983 Order are as follows - 

    (1) new articles 27A and 37CC are inserted to require the licensing of ultra sound scanning of sheep in infected and controlled areas (articles 2(4) and (10));

    (2) article 29A is amended to allow falconry to take place under permit in infected areas (article 2(5));

    (3) article 29B is replaced so as to permit the use of premises as a collecting centre in an infected area, under licence issued by an inspector of the local authority in accordance with the advice of the Chief Veterinary Officer (article 2(6));

    (4) article 29C is amended so as to provide that premises subject to requirements and prohibitions imposed under notices served under articles 5 and 13 of the 1983 Order (respectively Form A and Form D notices) continue to be subject to such requirements and prohibitions in place of any which would otherwise apply by virtue of article 29D(3) of the 1983 Order on the declaration, under Part IIIA of that Order, of a restricted infected area encompassing those premises (article 2(7)); and

    (5) article 36(2) is replaced so as to allow the occupier of any land in a controlled area or a group of not more than three persons who are authorised by that occupier or are members of his household to use dogs in connection with the killing on that land of any fox, hare, mink or rabbit found thereon (article 2(9)).

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 further amended, 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), 2001/2236 (W. 162), 2001/2813 (W.242), 2001/2981 (W.248) and 2001/3145 (W.260).back

[3] 1998 c.38.back


ISBN 0 11090365 X


  Prepared 23 November 2001

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