OpenLegislation

Explanatory note

England and Wales

(This note is not part of the Order)

This Order applies in relation to Wales only.

Article 2 extends the definition of “disease” in the Animal Health Act 1981 to include bluetongue, transmissible spongiform encephalopathy, African swine fever and epizootic haemorrhagic disease.

Article 3 amends the Movement of Animals (Restrictions) (Wales) Order 2003 (S.I 2003/399 (W.56)) to reinsert a provision allowing the Welsh Ministers to declare an area to be an infected area. It provides for the Order to be enforced by the local authority except where otherwise stated or where the Welsh Ministers direct that the Order is to be enforced by the Welsh Ministers in relation to cases of a particular description or particular cases.

Article 4 amends the Bluetongue (Wales) Regulations 2008 (S.I. 2008/1090 (W.116)) to add and clarify certain definitions; to permit amendment, suspension or revocation of authorisations, licences, notices or designations under these Regulations without notice; to provide for premises which straddle a restricted zone and a temporary control zone to be treated as being entirely within a temporary control zone; to extend the prohibition on the movement of animals in a control zone to include prohibiting the movement of germinal products in that zone except in accordance with a licence; to establish further disease control measures in the event of suspicion or confirmation of bluetongue, including power for a veterinary inspector to serve a notice prohibiting the movement of animals or germinal products onto or from premises where bluetongue is suspected or confirmed, except in accordance with a licence (which may be subject to conditions); to provide a power to declare a restricted zone where bluetongue is confirmed but not circulating; to provide a power to declare a bluetongue prevention zone as a precautionary measure where necessary to reduce the risk of an incursion of bluetongue virus into any part of Wales, and to provide a power to designate premises for the purpose of collecting, processing, handling or storing germinal products.

Article 5 amends the Bluetongue (Wales) (Compensation) Order 2007 (S.I. 2007/3010 (W.261) by removing a reference to a provision which is revoked.

Article 6 revokes the Bluetongue (No. 2) (Wales) Order 2007 (S.I. 2007/3309 (W. 294)) so far as not previously revoked by the Bluetongue (Wales) Regulations 2008 (S.I. 2008/1090 (W.116)), its sole remaining provision being consolidated into those Regulations by article 4 of this Order.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.