The African Horse Sickness (Wales) Regulations 2013

Made: 3 July 2013

Laid before the National Assembly for Wales: 5 July 2013

Coming into force: 31 July 2013

The Welsh Ministers are designated[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] in relation to the common agricultural policy of the European Union and make these Regulations in exercise of the powers conferred by that section.

PART 1 — Introduction

Title, application and commencement

1

These Regulations—

• (a) are called the African Horse Sickness (Wales) Regulations 2013;

• (b) apply in relation to Wales; and

• (c) come into force on 31 July 2013.

Interpretation

2

• (1) In these Regulations—

• “carcase” (“carcas”) means a carcase or part of a carcase of a horse, but does not include a sample taken from a carcase;

• “Chief Veterinary Officer” (“Prif Swyddog Milfeddygol”) means the Chief Veterinary Officer for Wales;

• “contact premises” (“mangre gyswllt”) means premises that have an epidemiological connection with infected premises, including those that due to their proximity to infected premises the Chief Veterinary Officer considers have an epidemiological connection with infected premises;

• “equipment” (“cyfarpar”), except in regulation 29(8)(a), means any equipment that has been in contact with blood or other bodily fluids from a horse, including needles and surgical or dental equipment, unless that equipment has either been sterilised following such contact or is securely confined in a sharps container complying with British Standard 7320[^f00003] (or equivalent standard);

• “genetic material” (“deunydd genetig”) means any semen, ovum or embryo of a horse;

• “horse” (“ceffyl”) means any animal of the family Equidae and includes crossings of those animals;

• “infected premises” (“mangre heintiedig”) means premises that have been declared to be infected premises under regulation 9(8) or 10(7);

• “inspector” (“arolygydd”) and “veterinary inspector” (“arolygydd milfeddygol”) mean persons appointed as such for the purposes of the Animal Health Act 1981[^f00004];

• “premises” (“mangre”) includes any place;

• “suspect premises” (“mangre dan amheuaeth”) means premises that have been designated as suspect premises under regulation 8(2);

• “vector” (“fector”) means an insect of the genus Culicoides or any other species of arthropod capable of transmitting African horse sickness virus.

• (2) In these Regulations, a reference to a notified horse or carcase is a reference to a horse or a carcase (as the case may be) which is the subject of a notification given under regulation 5(1).

References to occupier and additional obligations

3

• (1) In these Regulations—

• (a) a reference to an occupier of premises includes a reference to a person who has ownership or charge of a horse on the premises;

• (b) the main occupier of premises is the person who has overall responsibility for the premises.

• (2) Any notice required or authorised under these Regulations—

• (a) to be served on the main occupier of premises may be served on any person appearing to the person serving the notice to be the main occupier;

• (b) to be served on any other occupier of premises may be served on any person appearing to the person serving the notice to be that occupier.

• (3) Where a notice has been served on a person referred to in paragraph (2), any reference in these Regulations to the main occupier or, as the case may be, any other occupier of the premises includes a reference to that person.

• (4) Where the main occupier of premises is required to comply with any obligation under or by virtue of these Regulations, any other occupier of the premises must give the main occupier such assistance as is reasonably required to enable such compliance.

• (5) Where the main occupier of premises has been served with a notice under these Regulations, the main occupier must take reasonable steps to inform (orally or otherwise) any other occupier of the premises and any other person entering the premises of any restrictions on the movement to or from the premises of any horse, carcase, equipment or genetic material arising from the service of the notice.

• (6) A notice required or authorised under these Regulations to be served on the main occupier of premises may (in addition to it being served on the main occupier) be served on any other occupier of the premises.

Exemptions

4

These Regulations do not apply—

• (a) to anything done under the terms of a licence granted under the Specified Animal Pathogens (Wales) Order 2008[^f00005], or

• (b) at any border inspection post within the meaning of, and for so long as it remains approved for the purposes of, regulation 11 of the Trade in Animals and Related Products (Wales) Regulations 2011[^f00006].

PART 2 — Notification of suspicion of African horse sickness

Notification requirements

5

• (1) Any person who suspects that a horse or carcase is infected with African horse sickness virus must immediately notify the Welsh Ministers.

• (2) Any person who examines a sample taken from a horse or carcase and who—

• (a) suspects that the horse or carcase is infected with African horse sickness virus, or

• (b) detects evidence of antibodies to, or antigens of, that virus,

must immediately notify the Welsh Ministers.

• (3) But paragraphs (1) and (2) are subject to paragraph (5).

• (4) A veterinary inspector may serve a notice on any occupier of infected premises indicating that any further suspected cases of African horse sickness virus on those premises need not be notified to the Welsh Ministers for so long as the notice remains in force.

• (5) Where a notice has been served under paragraph (4)—

• (a) paragraph (1) does not apply in relation to any horse or carcase on the infected premises, and

• (b) paragraph (2) does not apply in relation to any sample taken from a horse or carcase on the infected premises,

for so long as the notice remains in force.

• (6) Unless earlier revoked by a veterinary inspector, a notice served under paragraph (4) ceases to be in force when the notice declaring the premises to be infected premises served under regulation 9(8) or 10(7) (as the case may be) is revoked by a veterinary inspector or by virtue of regulation 13(2).

PART 3 — Suspicion and confirmation of African horse sickness

Scope of Part 3

6

This Part does not apply in relation to slaughterhouses or non-captive horses.

Initial controls following notification

7

• (1) This regulation applies where the Welsh Ministers receive a notification under regulation 5(1) and a veterinary inspector considers that further investigation relating to the possible presence of African horse sickness virus is necessary.

• (2) A veterinary inspector must inform (orally or otherwise) the person who gave the notification that further investigation is necessary.

• (3) Where that person has been so informed, the controls in paragraph (7) apply in relation to the premises where the notified horse or carcase (as the case may be) is located.

• (4) Where those premises are not the premises where the notified horse is normally kept or, in the case of a notified carcase, the horse before it died was normally kept, a veterinary inspector may also inform (orally or otherwise) the main occupier of those other premises that further investigation is necessary.

• (5) Where that main occupier has been so informed, the controls in paragraph (7), other than in sub-paragraph (a)(i), apply in relation to those other premises.

• (6) A veterinary inspector—

• (a) must go to the premises where the notified horse or carcase is located and examine that horse or carcase, and may examine any other horse or carcase there;

• (b) where paragraph (4) applies, may go to those other premises and examine any horse or carcase there.

• (7) The controls are that—

• (a) any person in possession or charge of a notified horse or carcase must ensure that—

• (i) the notified horse or carcase is not moved from the premises where it is located,

• (ii) no equipment or genetic material is moved from the premises,

• (iii) no other horse or carcase is moved from or to the premises, except that any horse normally kept at the premises may return there; and

• (b) if required by a veterinary inspector and to the extent that it is practicable to do so the main occupier must ensure that—

• (i) all horses are moved away from any part of the premises where most vectors are likely to be present;

• (ii) areas which may be breeding grounds for vectors are identified and any available vector control measures directed by a veterinary inspector are implemented.

• (8) The controls imposed under this regulation continue to apply until—

• (a) a veterinary inspector confirms (orally or otherwise) to any occupier of the premises that the presence of African horse sickness virus on the premises is not suspected, or

• (b) the premises become suspect premises[^f00007].

Imposing measures on suspicion of disease

8

• (1) This regulation applies where an inspector suspects that a horse or carcase that is or has been infected with African horse sickness virus is or has been on any premises (whether following a notification under regulation 5(1) or otherwise).

• (2) The inspector may serve a notice on the main occupier designating those premises as suspect premises, at which point the measures in the Schedule have effect[^f00008].

• (3) Such a notice served in relation to contact premises must specify that the premises are contact premises.

• (4) A notice served under paragraph (2) may require the main occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.

• (5) Where a notice has been served under paragraph (2) a veterinary inspector must—

• (a) as far as is reasonably practicable assess places likely to facilitate the survival of the vectors, or to accommodate them, and the practicality of using appropriate vector control measures in such places;

• (b) begin an epidemiological inquiry to try to establish at least—

• (i) the length of time that African horse sickness virus may have existed in horses on the premises,

• (ii) the origin of that virus,

• (iii) the identification of other premises on which there are horses which may have become infected,

• (iv) the presence and distribution of vectors,

• (v) the movement of any horse to or from the premises or any carcases removed from them, and

• (vi) the possibility that non-captive horses may be involved in the spread of the virus,

and continue the inquiry until these matters have been established so far as is practicable or the possible presence of African horse sickness virus has been discounted.

Measures following suspicion – premises other than contact premises

9

• (1) This regulation applies where premises, other than contact premises, are designated as suspect premises.

• (2) A veterinary inspector must take all reasonable steps to establish whether or not African horse sickness virus is present.

• (3) For the purposes of paragraph (2), a veterinary inspector may, if the Chief Veterinary Officer considers it necessary, take and have tested—

• (a) samples from any horse or carcase that is, or has previously been, on the premises,

• (b) environmental samples from the premises.

• (4) If the Chief Veterinary Officer is satisfied following the steps referred to in paragraph (2) that it is no longer appropriate for the premises to remain designated as suspect premises, a veterinary inspector must revoke the notice served under regulation 8(2).

• (5) Where that notice is revoked, the measures in the Schedule cease to have effect, except for the purposes of paragraph 1(4)(a) of that Schedule (duty to keep records for six months following revocation of notice).

• (6) If the Chief Veterinary Officer is satisfied following tests under this regulation that there are seropositive horses on the premises a veterinary inspector must continue to monitor as appropriate horses on the premises, and may take further samples and have them tested.

• (7) Paragraph (8) applies if the Chief Veterinary Officer is satisfied as a result of any test carried out under this regulation or any clinical signs in any horse on the premises that African horse sickness virus is present in a horse or carcase or on the premises.

• (8) Where this paragraph applies, a veterinary inspector must serve a notice on the main occupier declaring the premises to be infected premises[^f00009].

• (9) Where a notice has been served under paragraph (8), the measures in the Schedule continue to have effect.

• (10) The notice served under paragraph (8) may require the main occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.

• (11) If the Chief Veterinary Officer considers it necessary to reduce the risk of spread of African horse sickness virus, the notice served under paragraph (8) may require measures additional to those in the Schedule and paragraph (10).

Measures following suspicion – contact premises

10

• (1) This regulation applies where contact premises are designated as suspect premises.

• (2) If any horse on the premises shows clinical signs of African horse sickness during the relevant period, a veterinary inspector—

• (a) must take samples from it and have them tested, and

• (b) may take samples from any other horse or carcase on the premises and have them tested.

• (3) If no horse on the premises shows clinical signs of African horse sickness a veterinary inspector—

• (a) must monitor as appropriate all horses on the premises until the end of the relevant period, and

• (b) may take samples from any horse or carcase on the premises and have them tested.

• (4) If no horse on the premises has shown clinical signs of African horse sickness at any time during the relevant period and the Chief Veterinary Officer is satisfied following any tests under this regulation that it is no longer appropriate for the premises to remain designated as suspect premises, a veterinary inspector must revoke the notice served under regulation 8(2).

• (5) Where that notice is revoked, the measures in the Schedule cease to have effect, except for the purposes of paragraph 1(4)(a) of that Schedule.

• (6) Paragraph (7) applies where the Chief Veterinary Officer is satisfied as a result of—

• (a) any test carried out under this regulation,

• (b) any clinical signs in any horse on the premises, or

• (c) any epidemiological connection to infected premises,

that African horse sickness virus is present in a horse or carcase or on the premises.

• (7) Where this paragraph applies, a veterinary inspector must serve a notice on the main occupier declaring the premises to be infected premises[^f00010].

• (8) Where a notice has been served under paragraph (7), the measures in the Schedule continue to have effect.

• (9) The notice served under paragraph (7) may require the main occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.

• (10) If the Chief Veterinary Officer considers it necessary to reduce the risk of spread of African horse sickness virus the notice may require measures additional to those in the Schedule and paragraph (9).

• (11) In this regulation, “the relevant period” (“y cyfnod perthnasol”) is the period determined by the Chief Veterinary Officer to be necessary for establishing whether or not African horse sickness is present in a horse or carcase on the premises.

Powers to prevent horses from being brought onto other premises

11

• (1) This regulation applies where premises are infected premises and the Chief Veterinary Officer considers that due to the risk of African horse sickness virus spreading it is appropriate to prevent horses from being brought onto other premises.

• (2) An inspector may serve a notice on the main occupier of those other premises imposing the prohibition in paragraph (3).

• (3) The prohibition is that no person may move any horse onto the premises for such period as may be specified in the notice, except under the authority of a licence granted by a veterinary inspector.

• (4) The notice may require the main occupier to erect and maintain such signs on the premises as may be required by a veterinary inspector.