The Movement of Animals (Restrictions) (Wales) Order 2003

Made: 26th February 2003

Coming into force: 28th February 2003

The National Assembly for Wales and the Secretary of State, acting jointly in exercise of the powers conferred on them by sections 1, 8(1), 17(1), 23, 83(2), 87(2) and (5) and 88(2) and (4) of the Animal Health Act 1981 , make the following Order—

Title, commencement and application

1

This Order may be cited as the Movement of Animals (Restrictions) (Wales) Order 2002, comes into force on 28th February 2003 and applies in relation to Wales.

Extension of definition of “animals” and “disease”

2

For the purposes of the Animal Health Act 1981 in its application to this Order—

• (a) the definition of “animals” in section 87(1) of that Act is extended so as to comprise any kind of mammal except man and any kind of four-footed beast which is not a mammal; and

• (b) the definition of “disease” in section 88(1) of that Act is extended so as to comprise any disease of animals.

Interpretation and application

3

• (1) In this Order—

• “premises” includes land with or without buildings; and

• “primary route” has the same meaning as in the Traffic Signs Regulations and General Directions 1994 .

• (2) Where a power contained in this Order could be exercised under the provisions of any other Order, the power under this Order may be exercised in addition to, or instead of, the power in the other Order.

Restrictions on movement of animals in cases of disease or suspected disease

4

• (1) If a veterinary inspector suspects that disease exists on any premises or means of transport, he or she may serve a notice on the person in charge of the premises or means of transport prohibiting the movement of any animal, carcase or other thing on to or from those premises or that means of transport, except under the authority of a licence issued by a veterinary inspector.

• (2) A notice issued under paragraph (1) may contain such other restrictions or requirements with regard to the premises or means of transport or with regard to persons, animals, carcases or other things on the premises or means of transport as the veterinary inspector considers necessary for the purpose of preventing the spread of disease.

• (3) If any person contravenes a notice issued under this article in so far as it applies to an animal, the National Assembly for Wales, the Secretary of State or an inspector of a local authority, may seize or detain that animal and may dispose of it in such manner as he considers necessary to prevent the spread of disease.

• (4) Any expenses incurred by the National Assembly for Wales, the Secretary of State or inspector in exercise of the powers under paragraph (3) are recoverable as a civil debt, by the National Assembly for Wales, the Secretary of State or local authority, from the person in default.

Declaration of infected area

5

• (1) If the Welsh Ministers suspect that—

• (a) disease exists on any premises; or

• (b) animals on any premises may be or have been exposed to disease,

they may declare in writing an area to be a temporary control area.

• (2) A temporary control area must be at least 1 kilometre in radius or larger if the Welsh Ministers consider it necessary in order to prevent the spread of disease.

• (3) Any premises which are partly inside and partly outside a temporary control area are deemed to be wholly within that area.

• (4) In a declaration under paragraph (1), the Welsh Ministers must—

• (a) specify the disease which the Welsh Ministers suspect to exist, or, if no specific disease is suspected, state that the Welsh Ministers suspect disease to exist; and

• (b) specify the species of animal to which the declaration applies.

• (5) The Welsh Ministers may specify in a declaration under paragraph (1)—

• (a) the biosecurity measures which must be taken on premises in a temporary control area or in any part of that area; and

• (b) such other measures which are to apply in the temporary control area, or in any part of that area, as the Welsh Ministers consider necessary in order to prevent the spread of disease.

• (6) The Welsh Ministers may prohibit in a declaration under paragraph (1) the movement of any animal or thing capable of spreading disease—

• (a) into or out of the temporary control area; and

• (b) onto or from any premises in the temporary control area.

• (7) But a person may move any such animal or thing under the authority of a licence issued by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

• (8) A person to whom a requirement or prohibition in a declaration under paragraph (1) applies must—

• (a) comply with the requirement or prohibition; and

• (b) comply with any reasonable request which a veterinary inspector or an inspector of the local authority may make to ensure that the requirement or prohibition is complied with.

• (9) The Welsh Ministers may revoke or amend in writing a declaration under paragraph (1) at any time.

• (10) Such an amendment or revocation must—

• (a) refer to the declaration; and

• (b) state the date and time the revocation or amendment is to take effect.

Restrictions on movement of animals within and out of an infected area

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Veterinary investigation as to the existence of disease

7

• (1) Where, for any reason, the National Assembly for Wales or Secretary of State considers it necessary to establish whether or not disease exists on any premises or means of transport, a veterinary inspector may carry out such inquiries, examinations and tests and take such samples as he or she considers necessary.

• (2) A veterinary inspector may mark, or cause to be marked, for identification purposes any animal, carcase or other thing in relation to which any of the powers under paragraph (1) have been exercised.

• (3) The defacing, obliteration or removal of any mark applied under paragraph (2) is prohibited.

• (4) The person in charge of the premises or means of transport or any person in his or her employment must render such reasonable assistance to a veterinary inspector as he or she may require for the purpose of facilitating the exercise of his or her powers under paragraph (1) or (2).

Restriction on the movement of animals in order to ascertain the presence of disease

8

Where a veterinary inspector is carrying out an investigation under article 7, he or she may—

• (a) where the animals under investigation are on premises, serve a notice on the person in charge of the premises, restricting the movement of any animal on to or off those premises; and

• (b) where the animals under investigation are on a means of transport, serve a notice on the person in charge of the animals or the means of transport requiring him or her to move the animals to such place as may be specified in the notice.

Cleansing and disinfection

9

A veterinary inspector may serve a notice on the person in charge of any premises or means of transport in respect of which a notice under article 4 has been issued, requiring him or her to cleanse and disinfect those premises or that means of transport in accordance with the requirements of that notice.

General provisions as to notices and licences

10

• (1) All licences and notices under this Order must be in writing, may be subject to conditions and may be varied, suspended or revoked by a veterinary inspector in writing at any time.

• (1A) A licence under this Order may be general or specific.

• (2) A licence issued under this Order must accompany whatever is being moved under its authority and any person acting under the authority of such a licence must, on demand made by the National Assembly for Wales, the Secretary of State or by an inspector of the local authority or by a constable—

• (a) produce the licence;

• (b) allow a copy or extract to be taken; and

• (c) furnish his or her name and address.

General powers

11

• (1) If any person moves any animal or thing in contravention of a licence or notice issued under this Order, the National Assembly for Wales, the Secretary of State or an inspector of the local authority may, without prejudice to any proceedings for an offence arising out of such contravention, serve a notice on the person in charge of that animal or thing, requiring him or her to move it in accordance with the requirements of the notice.

• (2) If any person on whom a notice has been served under article 9 fails to comply with the requirements of that notice, the National Assembly for Wales, the Secretary of State or an inspector of the local authority may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out, the cleansing and disinfection required by the notice.

• (3) Any expenses reasonably incurred by the National Assembly for Wales, the Secretary of State or inspector of the local authority in the exercise of the powers under paragraphs (1) or (2) are recoverable as a civil debt by the National Assembly for Wales, the Secretary of State or the local authority, from the person in default.

Local authority to enforce Order

12

• (1) Subject to paragraph (2), the provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.

• (2) The Welsh Ministers may direct, in cases of a particular description or in a particular case, that responsibility for enforcing this Order may be discharged by the Welsh Ministers.

Revocations

13

The following Orders are revoked in so far as they apply to Wales—

• (a) The Disease of Animals (Ascertainment of Disease) Order 1985; and

• (b) The Movement of Animals (Restrictions) Order 1990 ;

Signed

Signed on behalf of the National Assembly for Wales

D.Elis-Thomas — Presiding Officer — 2003-02-25

E.A. Morley — Parliamentary Under Secretary of State — 2003-02-26

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 1981 c. 22. See section 86(1) for the definitions of “the Ministers” and “the Minister”. Functions conferred under the 1981 Act on “the Ministers” (as defined in section 86 of that Act) were transferred so far as exercisable by the Secretary of State for Wales in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672). The joint functions of “the Ministers” 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. All functions of the Minister of Agriculture, Fisheries and Food were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

[^f00002]: S.I. 1994/1519.

[^f00003]: S.I. 1985/1765.

[^f00004]: S.I. 1990/760 as amended by S.I. 1991/1251.

Editorial notes

[^c5179261]: 1981 c. 22. See section 86(1) for the definitions of “the Ministers” and “the Minister”. Functions conferred under the 1981 Act on “the Ministers” (as defined in section 86 of that Act) were transferred so far as exercisable by the Secretary of State for Wales in relation to Wales, to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672). The joint functions of “the Ministers” 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. All functions of the Minister of Agriculture, Fisheries and Food were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).

[^c5179271]: S.I. 1994/1519.

[^c5179281]: S.I. 1985/1765.

[^c5179291]: S.I. 1990/760 as amended by S.I. 1991/1251.

[^key-5f5ee160d01d1488a7b9a8672b6b8b29]: Art. 5 substituted (25.11.2009) by The Movement of Animals (Restrictions) (Wales) (Amendment) Order 2009 (S.I. 2009/2940), arts. 1, 2(2)

[^key-d915efbacd11468db885e88522904293]: Art. 6 omitted (25.11.2009) by virtue of The Movement of Animals (Restrictions) (Wales) (Amendment) Order 2009 (S.I. 2009/2940), arts. 1, 2(3)

[^key-aba55d47ef273dca44aa0f738df923cb]: Art. 10(1A) inserted (25.11.2009) by The Movement of Animals (Restrictions) (Wales) (Amendment) Order 2009 (S.I. 2009/2940), arts. 1, 2(4)

[^key-203540752f14b1910b6bbb2a728c6608]: Art. 5A inserted (23.9.2024) by The Exotic Disease (Application and Amendment of Enactments) (Wales) Order 2024 (S.I. 2024/971), arts. 1(2), 3(2)

[^key-59b0dc8d23690aedd8c9d6a8365ef64c]: Art. 12 substituted (23.9.2024) by The Exotic Disease (Application and Amendment of Enactments) (Wales) Order 2024 (S.I. 2024/971), arts. 1(2), 3(3)

Declaration of a temporary control area

Declaration of an infected area

5A

• (1) If the Welsh Ministers consider that disease exists or has existed in the preceding 56 days on any premises, they may declare an area to be an infected area.

• (2) An infected area declared under paragraph (1) must be of such size as the Welsh Ministers consider necessary in order to prevent the spread of disease.

• (3) A declaration under paragraph (1) must specify one or more of the following—

• (a) the disease in respect of which the infected area is being declared;

• (b) the species of animals to which the declaration relates;

• (c) the premises within the infected area to which the declaration relates;

• (d) the biosecurity measures which must be taken on premises within the infected area; or

• (e) such other measures that are to apply in the infected area, or in any part of that area, as the Welsh Ministers consider necessary in order to prevent the spread of disease.

• (4) No person shall move an animal belonging to a species to which a declaration under paragraph (1) relates, into or out of an area declared to be an infected area under this Order, except under the authority of a licence issued by a veterinary inspector or an inspector under the direction of a veterinary inspector.

• (5) No person shall move an animal to or from premises within an area declared to be an infected area under this Order, except under the authority of a licence issued by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.

• (6) For the purposes of this article, any premises which are partly inside and partly outside an infected area are deemed to be wholly within that area.

• (7) Where an animal is transiting an area declared to be an infected area under this Order, the animal must be moved in a vehicle and by the shortest available route without being unloaded.

• (8) A declaration made under this Order may be amended, suspended or revoked by the Welsh Ministers at any time.

• (9) A declaration made under this Order and any amendment, suspension or revocation of the declaration must be in writing.

Restrictions on movement of animals within and out of an infected area

Veterinary investigation as to the existence of disease

Restriction on the movement of animals in order to ascertain the presence of disease