| Crown Copyright Acknowledged |
| The Bluetongue (Amendment) Order 2007 |
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Made
Coming into force |
4th
September 2007
28th September 2007 |
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This Order
makes provision for a purpose mentioned in section 2(2) of the
European Communities Act 1972(1) and it appears to the Secretary
of State that it is expedient for the reference to Commission
Decision 2005/393/EC on protection and surveillance zones in
relation to bluetongue and conditions applying to movements
from or through these zones(2) to be construed as a reference
to that instrument as amended from time to time. |
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The Secretary
of State makes the following Order in exercise of the powers
conferred by paragraph 1A of Schedule 2 to the European Communities
Act 1972(3) and sections 1, 8(1), 17(1) and 35 of the Animal
Health Act 1981(4) and now vested in him(5). |
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| 1- |
Citation and commencement |
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(a) |
may be cited as the Bluetongue (Amendment) Order 2007; and |
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(b) |
comes into force on 28th September 2007. |
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The Bluetongue Order 2003(6) is amended in accordance with the Schedule. |
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Jeff
Rooker
Minister of State
Department for Environment, Food and Rural Affairs |
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4th September 2007 |
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| Amendments to the Bluetongue Order 2003 |
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(a) |
in sub-paragraph (a), omit “carcase,”; and |
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(b) |
omit sub-paragraph (f). |
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| 2- |
For articles 10, 11 and 12 substitute— |
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| 10- |
“Measures when disease is confirmed |
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(1) |
On confirmation by the Chief Veterinary Officer of bluetongue on premises in England, the Secretary of State shall declare an area to be a control zone. |
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(2) |
A control zone declared under paragraph (1) shall— |
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(a) |
be centred on the outbreak point; and |
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(b) |
subject to paragraphs (3) and (4), have a radius of 20 kilometres. |
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(3) |
Where this article requires the Secretary of State to declare a control zone and the area of that zone would include land in Wales or Scotland, he shall declare a zone of such part of that area as is in England. |
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(4) |
The Secretary of State may extend or reduce the area of a control zone having regard to such— |
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(a) |
epidemiological; |
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(b) |
geographical; |
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(c) |
ecological; or |
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(d) |
meteorological, |
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factors as he considers relevant. |
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(5) |
No person may move an animal to or from premises in a control zone, except in accordance with a licence granted by an inspector. |
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(6) |
An inspector may only grant a licence under paragraph (5) in respect of a movement which is permitted under the Commission Decision. |
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(7) |
The terms and conditions of such a licence shall be such as to ensure that the movement is made in accordance with the Commission Decision. |
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(8) |
In this article— |
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(a) |
“the Commission Decision” means Commission Decision 2005/393/EC on protection and surveillance zones in relation to bluetongue and conditions applying to movements from or through these zones, as amended from time to time; and |
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(b) |
“the outbreak point” means the part of the infected premises from which the Secretary of State considers the control zone should be measured. |
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| 11- |
Restrictions in protection and surveillance zones |
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(1) |
On confirmation by the Chief Veterinary Officer of bluetongue on premises in England— |
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(a) |
the Secretary of State shall declare an area to be a protection zone and an area to be a surveillance zone; and |
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(b) |
paragraphs (2) to (5) apply to such zones. |
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(2) |
No person may move an animal out of the protection zone or the surveillance zone, except in accordance with a licence granted by an inspector. |
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(3) |
An inspector may only grant a licence under paragraph (2) in respect of a movement which is permitted under the Commission Decision. |
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(4) |
The terms and conditions of such a licence shall be such as to ensure that the movement is made in accordance with the Commission Decision. |
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(5) |
Where a protection zone or a surveillance zone would cover an area which includes land in Wales or Scotland, the Secretary of State shall declare a protection zone or a surveillance zone of such part of the area as is in England. |
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(6) |
In this article, “the Commission Decision” has the same meaning as it has in article 10. |
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| 12- |
Powers of inspectors and officers in protection and surveillance zones |
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(1) |
Where a protection zone and a surveillance zone have been declared under article 11, veterinary inspectors and officers authorised by the Secretary of State shall have the powers they have under article 9 in respect of premises within the protection zone or the surveillance zone. |
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(2) |
A veterinary inspector may also— |
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(a) |
require the occupier of premises in a protection zone or the keeper of any animal on such premises to allow the vaccination of any animal kept there; and |
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(b) |
require the occupier or keeper— |
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(i) |
to retain animals for use as sentinel animals, or |
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(ii) |
to allow the introduction of sentinel animals onto those premises. |
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12A. |
Disease in Scotland and Wales |
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On confirmation by the Chief Veterinary Officer of bluetongue on premises in Scotland, Wales or Northern Ireland, the Secretary of State may declare an area to be a control zone, a protection zone or a surveillance zone in England. |
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12B. |
Declarations of zones |
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Declarations of control zones, protection zones and surveillance zones under articles 10, 11 or 12A— |
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(a) |
must be in writing; |
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(b) |
may be amended by further declaration at any time; |
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(c) |
must designate the extent of the zone being declared; and |
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(d) |
may only be revoked by further declaration.”. |
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