This Order is called the Disease Control (Wales) Order 2003; it applies in relation to Wales and comes into force on 1st August 2003.
S.I. 2003/1966 (W.)
The Disease Control (Wales) Order 2003 (S.I. 2003/1966 (W.))
This Order revokes and replaces the Disease Control (Interim Measures) (Wales) (No.2) Order 2003. It changes the provisions of that Order as follows -It removes the cessation provision so that the Order now has permanent effect (article 1);It amends the provisions relating to the standstill period so that the arrival of a pig triggers a 20 day standstill on any pigs on the premises and a 6 day standstill on any cattle, goats and sheep (article 3);It amends Schedule 2 so that movements of animals on to premises licensed under the Animal Gatherings Order 2003 do not trigger the standstill period;It adds paragraph 12 to Schedule 1 (movement of rams and bulls for breeding) and paragraphs 6, 7 and 8 (provisions concerning breeding rams, bulls and goats) to Schedule 2.
Data synced
PART 1 — Introduction
In this Order—
“animals” (“ anifeiliaid ”) means cattle (excluding bison and yak), deer, goats, pigs and sheep;
“collecting centre” (“ canolfan gasglu ”) means premises used for the intermediate reception of animals intended to be moved elsewhere (but does not include a market or other place used for the sale or trading of animals unless all the animals there are intended for immediate slaughter);
“keeper” (“ ceidwad ”) means any person having care and control of animals even on a temporary basis and includes, for the purposes of article 13(2)(a), any person transporting the animals;
“land” (“ tir ”) includes common or unenclosed land;
“the National Assembly” (“ y Cynulliad Cenedlaethol ”) means the National Assembly for Wales;
“premises” (“ safle ”) includes land, with or without buildings;
“quarantine unit” (“ uned gwarantin ”) means a facility or premises approved in writing for quarantine purposes by a body accredited by the United Kingdom Accreditation Service (UKAS);
“sole occupancy group” (“ grŵp meddianaeth unigol ”) has the meaning assigned by article 11;
“slaughterhouse” (“ lladd-dy ”) has the meaning it is given in the Food Hygiene (Wales) Regulations 2006 ;
“standstill period” (“ cyfnod segur ”) means a period when animals may not be moved off premises because of the provisions of articles 4 or 5;
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and
“veterinary treatment” (“ triniaeth filfeddygol ”) includes, in the case of goats, the collection of semen.
This Order does not apply in relation to a movement —
(a) licensed under the Foot-and-Mouth Disease Order 1983 ; or
(b) to or from a zoo licensed under the Zoo Licensing Act 1981 .
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PART 2 — Movement restrictions
No person may move any sheep, goats or cattle from any premises if any sheep, goats, cattle or pigs have been moved on to those premises during the previous 6 days.
No person may move a pig from any premises if —
(a) any pig has been moved on to those premises during the previous 20 days; or
(b) any cattle, goats or sheep have been moved on to those premises during the previous 6 days.
Notwithstanding articles 4 and 5, animals may be moved off premises during the standstill period if —
(a) the movement is one specified in Schedule 1; or
(b) a permit disapplying the standstill period has been issued by a veterinary inspector.
The standstill period is not triggered by a movement on to premises if it is a movement specified in Schedule 2.
(1) Where pigs are held in an isolation facility under any provision of this Order, and other pigs are moved in before they are released from the isolation facility, no pig may be removed from the isolation facility before the last date of release of the last pigs moved into the isolation facility.
(2) Pigs may not share an isolation facility with animals of any other species.
(3) An isolation facility may not be used to hold any animals other than pigs.
(1) A quarantine unit may only be used to hold cattle, sheep and goats.
(2) Where animals are held in a quarantine unit under any provision of this Order, and other animals are moved in before they are released from the quarantine unit, no animal may be removed from the quarantine unit before the last date of release of the last animal moved into the quarantine unit.
(3) No person may move any animal off premises direct from a quarantine unit unless the movement is one specified in paragraphs 1, 2, 4, 13 or 14 of Schedule 1.
(4) Where the Welsh Ministers have served on the keeper of cattle a notice requiring the keeper to have any such cattle tested for tuberculosis with a relevant test before a date specified in the notice, no cattle may be held in, or moved into, a quarantine unit on the date of the relevant test unless—
(a) a skin test has been applied to those cattle no more than 60 days before the date of the relevant test, and
(b) the results of the test have been read by a veterinary inspector or an approved veterinary surgeon and are negative.
(5) Where a relevant test for tuberculosis has been applied to such cattle as specified in a notice in paragraph (4) but before the result of that test has been read by an inspector, or an approved veterinary surgeon, the keeper of the cattle may move any animal into a quarantine unit.
(6) A keeper must record—
(a) movement of an animal into a quarantine unit within 24 hours of the movement;
(b) movement of an animal out of a quarantine unit within 3 days of the movement; and
(c) all movements in the holding register within 36 hours of the movement.
(7) Approval of a quarantine unit may be made subject to conditions and may be suspended, amended or revoked by notice in writing at any time by a body accredited by UKAS or by the Welsh Ministers.
(8) In this article—
“approved veterinary surgeon” (“ milfeddyg cymeradwy ”) means a veterinary surgeon who is approved in accordance with article 2A of the Tuberculosis (Wales) Order 2010 ;
“holding register” (“ cofrestr y daliad ”) means a register for the purposes of the Cattle Identification (Wales) Regulations 2007 or the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2015 ;
“record” (“ cofnodi ”) means notifying or reporting the movement of an animal in accordance with the Cattle Identification (Wales) Regulations 2007 or the Sheep and Goats (Records, Identification and Movement) (Wales) Order 2015;
“relevant test” (“ prawf perthnasol ”) means—
a skin test; or
any other diagnostic test for tuberculosis approved by the Welsh Ministers;
“skin test” (“ prawf croen ”) means a single intradermal comparative cervical tuberculin test for tuberculosis using bovine and avian tuberculin; and
“tuberculosis” (“ twbercwlosis ”) means infection with Mycobacterium bovis ( M.bovis ).
No person may move sheep or goats to a show or exhibition unless the animals are marked with an individual identification number in accordance with article 6 of the Sheep and Goats Identification and Movement (Interim Measures) (Wales) ( No. 2) Order 2002 .
No person may —
(a) move any animal to a slaughterhouse save for the purpose of slaughter within 48 hours of its arrival there; or
(b) receive any animal from a slaughterhouse unless, in the case of any animal other than a pig, under the authority of a licence issued by a veterinary inspector.
The National Assembly and the Secretary of State may authorise sets of premises as sole occupancy groups if he or she is satisfied that the premises are linked in terms of their control.
PART 3 — Licences
(1) No person may move an animal from any premises unless the movement is made under the authority of a licence issued by the National Assembly, the Secretary of State or an inspector.
(2) Paragraph (1) does not apply to any movement authorised by a licence under article 20 of the Pigs (Records, Identification and Movement) (Wales) Order 2011 (licences relating to pet pigs).
(1) Where a general licence has been issued under article 12, the National Assembly or the Secretary of State may issue a notice prohibiting -
(a) the movement under the authority of that licence of any animal from any premises specified in the notice; or
(b) any person specified in the notice from moving animals under the authority of that licence either generally or to or from any premises specified in the notice.
(2) A notice may only be issued under paragraph (1) on the advice of an inspector, who must be of the opinion that —
(a) the provisions of this Order are not being or have not been complied with in relation to animals moved to or from the premises in question or in relation to the movement of any other animals of which the person on whom the notice is to be served is or has at any time been the keeper, and
(b) the service of a notice is necessary to prevent a possible spread of disease.
(3) A notice issued under paragraph (1)(a) is to be served on the occupiers of each of the premises specified in the notice and in any other way that the National Assembly or the Secretary of State thinks fit to draw the notice to the attention of persons affected by it.
(4) A notice issued under paragraph (1)(b) is to be served on the person prohibited from moving animals by the notice and on the occupiers of any premises individually named in the notice.
(5) A notice must be in writing, may be subject to conditions and may be amended, suspended or revoked at any time by further notice by the National Assembly or the Secretary of State.
(1) An animal moved under a specific licence must —
(a) be moved by the most direct route available to the place of destination specified in the licence, and
(b) be accompanied throughout the movement by the licence.
(2) The person in charge of any animal moved under a specific licence must, on demand made by a constable or by an inspector or other officer of the National Assembly, the Secretary of State or of a local authority —
(a) produce the licence;
(b) allow a copy or an extract to be taken; and
(c) if so required, furnish his or her name and address.
(3) Every animal which is moved under a specific licence must be kept separate throughout such movement from any animal which is not being moved under that licence.
(4) Where animals are moved under a specific licence, then, unless the licence provides otherwise, the occupier of premises which they are moved on to must —
(a) ensure that he or she or his or her representative is given the licence before allowing the animals to be unloaded; and
(b) keep the licence for six months and during that period produce it to an inspector on request.
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Where deer are moved under a general licence, and that licence requires the person moving the deer to have a movement document, the occupier of premises which they are moved on to must—
(a) comply with the conditions of the licence relating to the reporting of movement information; and
(b) keep a copy of the completed movement document for six months and during that period produce it to an inspector on request.
Where an inspector of a local authority issues a licence under article 12(1), he or she must retain a copy of the licence for six months.
If any person fails to comply with a licence, permit, authorisation or notice issued under this Order an officer of the National Assembly or the Secretary of State or an inspector may arrange for it to be complied with at the expense of the person in default.
A licence issued by a competent authority in Scotland or England for the purpose of the movement of animals operates in Wales as if it had been issued under this Order.
PART 4 — Miscellaneous and enforcement
(1) Any licence, permit or authorisation under this Order must be in writing, may be general or specific, may be subject to conditions and may be varied, suspended or revoked at any time by notice in writing issued —
(a) by the National Assembly or the Secretary of State, in the case of a licence, permit or authorisation issued by the National Assembly, the Secretary of State or an inspector of any kind;
(b) by a veterinary inspector, in the case of a licence or permit issued by a veterinary inspector or any other inspector of the National Assembly or of the Secretary of State;
(c) by an inspector of the National Assembly or of the Secretary of State (other than a veterinary inspector), in the case of a licence issued by any such inspector; or
(d) by an inspector of a local authority, in the case of a licence issued by an inspector of that local authority.
(2) In deciding whether to issue a licence under article 12(1) or a permit under article 6(b) an inspector or a veterinary inspector must comply with any instructions issued by the National Assembly or the Secretary of State.
(1) A licence issued under article 12(1), a permit issued under article 6(b) or an authorisation under article 11 may specify requirements for the cleansing and disinfection of any vehicle used for moving animals additional to the requirements of the Transport of Animals (Cleansing and Disinfection) (Wales) (No.3) Order 2003 .
(2) Where animals are moved under a licence, the occupier of the premises which they are moved on to must provide adequate facilities, equipment and materials for any cleansing and disinfection required by the licence.
(1) Where, on the termination of his or her right of occupation of any premises, the owner of any animal on those premises is unable to remove it from those premises by reason of any restriction imposed by or under this Order, the person entitled to the occupation of those premises must —
(a) afford the owner of that animal and any person authorised by him or her for the purpose, all such facilities as may be necessary for feeding, tending or otherwise using that animal (including selling it) as the owner may reasonably require; or
(b) where the owner of that animal is unable or unwilling to avail himself or herself of such facilities, take all such steps as may be necessary to ensure that the animal is properly fed, tended and kept.
(2) The provisions of paragraph (1) shall continue to apply until the expiry of a period of 7 days from the date on which any restriction on the movement of the animal off the premises ceases to apply and the owner of the animal shall be liable to pay to the person who affords any facilities or feeds, tends or otherwise keeps that animal, in accordance with those provisions, such sums by way of remuneration and reimbursement of expenses as may be just and reasonable in all the circumstances.
(1) This Order is to be enforced by the local authority.
(2) The National Assembly or the Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this regulation is to be discharged by the National Assembly or the Secretary of State and not by the local authority.
The Disease Control (Interim Measures) (Wales) (No.2) Order 2003 is revoked.
art 24Amendment of the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No.2) Order 2002Open ↗
(1) The Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No.2) Order 2002 is amended in accordance with this article.
(2) In article 2 of that Order the words “and shall cease to have effect on 1st August 2003” are deleted.
Schedules
SCHEDULE 1 — Movements off premises which are permitted during the standstill period
(1) The movement of an animal to a place for veterinary treatment.
(2) The movement of an animal from a place for veterinary treatment provided the animal has not come into contact with other animals while at the place of treatment.
(3) The movement of an animal to a laboratory for diagnostic tests to be carried out to ascertain whether the animal is affected by or has been exposed to a disease.
The movement of an animal direct to a slaughterhouse.
The movement of a pig to a market for pigs intended for immediate slaughter.
The movement of an animal to a collecting centre for animals intended for immediate slaughter, provided that —
(a) the collecting centre premises have not been and will not be used on the same day for a show or exhibition or for the sale or trading of animals otherwise than for immediate slaughter; and
(b) all animals moved to the collecting centre are moved from there direct to a slaughterhouse.
The movement of ... pigs to an artificial insemination centre.
The movement of an animal for direct export or to a collecting centre or assembly centre ... prior to such export.
The movement of animals between premises in a sole occupancy group.
(1) The movement of an animal between land over which the owner or keeper of the animal has a registered right of common and —
(a) premises occupied by the owner or keeper of the animal and in relation to which the registered right of common is customarily exercised; or
(b) premises occupied by any other person who has a registered right of common over that land and in relation to which the registered right of common is customarily exercised.
(2) The movement of an animal between premises occupied by the owner or keeper of the animal and in relation to which a registered right of common over land is customarily exercised and premises occupied by any other person who has a registered right of common over that land and in relation to which the registered right of common of that other person is customarily exercised.
(3) In this paragraph “registered right of common” means a right of common registered under the Commons Registration Act 1965 or a right of common which is exempt from such registration but which is registered, designated, attached, or otherwise recognised, continued or preserved under and in accordance with any of the New Forest Acts 1854, 1949, 1964 and 1970, the Epping Forest Acts 1878 and 1880 or the City of London (Various Powers) Act 1977 or any like right or permission exercised in the Forest of Dean.
(1) The movement of a pig intended for breeding or growing in accordance with article 21 of the Pigs (Records, Identification and Movement) (Wales) Order 2011 .
(2) The movement of a pig intended for breeding other than in accordance with paragraph (1) if that pig has been placed in an isolation facility approved for this purpose by a veterinary inspector for 20 days prior to the movement.
The movement of a pig to a show or exhibition provided that —
(a) it is isolated for 20 days prior to the movement taking place in premises approved for this purpose by a veterinary inspector; or
(b) it has been returned to its premises of origin from a show or exhibition and isolated at its premises of origin in premises approved in accordance with paragraph (a) from the time of arriving from the first show or exhibition to the time of leaving for the second show or exhibition.
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The movement of cattle, sheep and goats to shows and exhibitions provided where they have moved from another show or exhibition within the last 6 days they have been held in a quarantine unit and have not left that quarantine unit since being taken into it.
Movement of an animal which is on a vehicle which enters premises to drop off other animals, provided it has not left the means of transport while on the premises.
SCHEDULE 2 — Movements on to premises that do not trigger the standstill period
Arrival of cattle, sheep and goats on to the premises provided they are quarantined for 6 days after their arrival in a quarantine unit.
The movement of an animal on to any premises licensed under the Animal Gatherings (Wales) Order 2010 if the movement is for the purposes of a gathering licensed under that Order.
The movement of an animal on to an artificial insemination centre.
Sch 2 para 3Movement of a pig under the Pigs (Records, Identification and Movement) (Wales) Order 2011Open ↗
Movement of a pig where that movement is as referred to in article 21 of the Pigs (Records, Identification and Movement) (Wales) Order 2011 .
(1) Arrival of a pig for breeding (other than one being moved under article 21 of the Pigs (Records, Identification and Movement) (Wales) Order 2011 on the breeding premises provided that —
(a) prior to being moved, either there is no standstill period on the premises of departure, or alternatively it has been isolated for 20 days prior to the movement taking place in a facility approved for this purpose by a veterinary inspector;
(b) it is isolated while on the breeding premises (or for 20 days, whichever is shorter) in an isolation facility approved for this purpose by a veterinary inspector;
(c) any pig placed in the isolation facility with the pig brought on to the premise for breeding purposes has been on the breeding premises for at least 20 days before being placed in that facility;
(d) any other pig placed into the isolation facility on the breeding premises with the one brought on to those premises remains in isolation for 20 days after the arrival of the pig being brought into the premises, or for 20 days after being placed into isolation with it whichever is later; and
(e) the recipient of the breeding pig submits, in accordance with the terms of the licence under which the pig is moved, and without undue delay a declaration that the pig is intended for breeding on those premises.
(2) Movement of a pig (other than one being moved under article 21 of the Pigs (Records, Identification and Movement) (Wales) Order 2011 which is being returned to those premises from a place to which it had been moved for breeding, provided that —
(a) it is isolated for 20 days after the date of its return from all other animals, and
(b) the occupier of the premises from which the pig has returned from breeding has submitted the declaration required in paragraph 4(1)(e) ....
(1) The return of cattle, sheep or goats from a show or exhibition to the premises from which they were consigned to that show or exhibition provided that the animals are quarantined for 6 days after their return in a quarantine unit.
(2) The return of pigs from a show or exhibition to the premises from which they were consigned to that show or exhibition provided that the animals are isolated for 20 days after their return in a facility approved for this purpose by a veterinary inspector.
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Arrival of cattle, sheep or goats which are being returned from an artificial insemination centre provided that they are quarantined for 6 days after their return in a quarantine unit.
Arrival of pigs which are being returned to those premises from an artificial insemination centre provided they are isolated from all other animals for 20 days after their return.
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(1) The arrival of an imported animal at its point of entry into Wales.
(2) Movement of an animal from its point of entry into the United Kingdom following its import from another member State.
The movement of animals between premises in a sole occupancy group.
Movement of an animal brought on to premises in a vehicle to collect other animals provided that the animal is not unloaded at those premises.
The arrival of sheep, goats, cattle or pigs being returned to those premises from a place for veterinary treatment or of any offspring to which they have given birth while there provided that—
(a) in the case of pigs, they are isolated from all other animals for 20 days following their return; and
(b) in the case of sheep, goats and cattle, where those animals were held in a quarantine unit prior to movement to a place for veterinary treatment, they are quarantined for 6 days after their return in a quarantine unit less the number of days the animal was quarantined prior to movement for treatment.
Cite this legislation
- Official citation
- S.I. 2003/1966 (W.)
- Source
- legislation.gov.uk
- Data synced
- Licence
- OGL-3 ↗
The Disease Control (Wales) Order 2003 (legislation.gov.uk, OGL-3). Retrieved via LawPlayer, https://lawplayer.com/uk/act/wsi-2003-1966
This text is synced from legislation.gov.uk. In case of any discrepancy, the official version prevails.
Related legislation
Enabling legislation
Relations are derived from the official revision history and the text of the instruments; only high-confidence links held on LawPlayer are listed. Refer to the official gazette for the complete picture.
Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).