Statutory Rules of Northern Ireland
2008 No. 275

Animals
Animal Health
The Bluetongue Regulations (Northern Ireland) 2008

Made
30th June 2008

Coming into operation
21st July 2008

The Department of Agriculture and Rural Development, is designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2), in relation to the common agricultural policy of the European Community.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Department that it is expedient for the reference to Commission Regulation (EC) No.1266/2007 (on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain species of susceptible animals in relation to blue tongue(3)) to be construed as a reference to that Regulation as amended from time to time.

The Department of Agriculture and Rural Development, makes the following Regulations in exercise of the powers conferred upon it by section 2(2) of the European Communities Act 1972, and paragraph 1A of Schedule 2 to that Act(4).

PART IINTRODUCTION

Citation and commencement

1.  These Regulations may be cited as the Bluetongue Regulations (Northern Ireland) 2008 and shall come into operation on 21st July 2008.

Interpretation

2.—(1) In these Regulations—

“animal” means a ruminating animal (and for the purposes of these Regulations all camelids are considered to be ruminating animals), and “carcase”, “embryo”, “ovum” and “semen” mean the carcase, embryo, ovum and semen of such an animal;

“confirmation of the disease” means a declaration by the Department that the bluetongue virus is circulating in a specific area;

“control zone” means a zone referred to in regulation 9;

“the Department” means the Department of Agriculture and Rural Development;

“the Directive” means Commission Directive 2000/75/EC laying down specific provisions for the control and eradication of bluetongue;

“the Regulation” means Commission Regulation 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue;

“the disease” means bluetongue;

“diseased” means affected with the disease;

“Divisional Veterinary Officer” means a Divisional Veterinary Officer of the Department appointed for the time being by the Department to receive information about animals or carcases diseased or suspected of being diseased for the area in which such animals or carcases are situated;

“infected premises” means premises on which the existence of bluetongue has been confirmed;

“inspector” means an inspector appointed as such by the Department for the purpose of these Regulations and, unless the context otherwise requires, includes a veterinary inspector;

“keeper” means any natural or legal person having ownership of, or charged with keeping animals, whether or not for financial reward;

“midge” means an insect of the genus Culicoides;

“premises” includes any place;

“sentinel animal” means an animal that does not have antibodies to the bluetongue virus when first introduced or retained at the premises and is used for surveillance for the bluetongue virus;

“vaccine” means vaccine against bluetongue virus; and

“veterinary inspector” means a person appointed as such by the Department for the purposes of these Regulations.

(2) Any authorisation, licence, notice or direction under these Regulations must be in writing, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time.

(3) The Interpretation Act (Northern Ireland) 1954(5) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Exemptions

3.  These Regulations do not apply to—

(a)the bluetongue virus possessed under a licence issued under the Specified Animal Pathogens Order (Northern Ireland) 1999(6);

(b)administration of a vaccine for research purposes in accordance with an animal test certificate granted under the Veterinary Medicines Regulations 2007(7)

PART IISUSPECTED AND CONFIRMED BLUETONGUE

Initial requirements where bluetongue is known or suspected

4.—(1) The owner or keeper of any animal or carcase, or any person who examines or inspects any animal or carcase, who knows or suspects that the animal or carcase is infected with bluetongue, must—

(a)immediately notify the Divisional Veterinary Officer; and

(b)refrain from moving any animal or carcase on or off the premises where the animal or carcase known to be or suspected of being diseased is located, except under the authority of and in accordance with the conditions of a licence granted by the Department.

(2) Any person who analyses a sample taken from any animal or carcase and who finds evidence of antibodies to, or antigens or nucleic acids of, the bluetongue virus or any evidence of vaccination for bluetongue must immediately notify the Divisional Veterinary Officer.

Notification by inspectors

5.—(1) If an inspector knows or suspects that the disease exists on any premises he shall immediately serve a notice on the occupier of those premises or on the keeper of any animals on those premises requiring that—

(a)no animal, ovum, semen or embryo enters or leaves the premises;

(b)an inventory of all animals on the premises is made, recording, for each species—

(i)the number dead,

(ii)the number alive which appear to the occupier or keeper to be infected with the disease, and

(iii)the number alive which do not appear to the occupier or keeper to be infected with the disease;

(c)this inventory is kept up to date;

(d)all animals on the premises are kept indoors or as directed by an inspector; and

(e)the premises and animals on them are subject to the midge control measures specified in the notice.

(2) The person making the inventory must keep it for at least two years.

(3) A veterinary inspector or an inspector authorised by the Department may also serve a notice on the occupier of premises whose location, geographical situation or contacts with premises where the disease is known or suspected to exist provide grounds for suspecting the existence of the disease, exposure to it or the presence of midges there.

(4) Notices may be served under paragraphs (1) and (3) whether or not notification has been given under regulation 4.

Confirmation of bluetongue on premises

6.—(1) Once a veterinary inspector is satisfied that bluetongue exists on any premises he may serve a notice on the occupier of those premises—

(a)confirming the existence of bluetongue on the premises;

(b)notifying the occupier that notwithstanding regulation 4, it is unnecessary to notify any further suspected cases of bluetongue on the premises to the Divisional Veterinary Officer; and

(c)removing some or all of the restrictions imposed by the notice served under regulation 5.

(2) The veterinary inspector may also serve a notice on the occupier that notwithstanding regulation 4, it is unnecessary to notify the Divisional Veterinary Officer of any further evidence of bluetongue, or vaccination for bluetongue, from the affected premises.

Powers of veterinary inspectors and officers

7.—(1) Where a notice has been served under regulation 5, a veterinary inspector (and, other than in the case of examination of an animal, an inspector or an officer authorised by the Department) upon entering the premises may—

(a)examine and vaccinate any animal, carcase or thing on those premises;

(b)require the detention, isolation, housing, restraint or treatment of any animal on those premises;

(c)detain or isolate any thing;

(d)require the detention or isolation of any thing;

(e)carry out an epidemiological investigation relevant to the control of bluetongue;

(f)make such tests and take samples (including blood samples) from any animal, carcase or thing on those premises as he may consider necessary for the purpose of diagnosis or epidemiological investigation;

(g)mark for identification purposes any animal, carcase or thing on those premises;

(h)collect midges from those premises and set traps on those premises for the collection of midges;

(i)implement such other vector control measures on those premises as he deems necessary;

(j)require the destruction, burial, disposal or treatment of any thing on those premises;

(k)require the cleansing and disinfection of any part of the premises or of any person, animal or thing on those premises; and

(l)require the occupier, any veterinary surgeon who has attended any animal on those premises and any other person who has been in charge of or in contact with any such animal, to inform him of any other animal or other premises with which any such animal may have come into contact;

(m)require the production of any record kept under these Regulations, in whatever form that record is held;

(n)copy any record; or

(o)inspect and check the operation of any computer and associated apparatus or material used in the connection with the making and keeping of records under these Regulations.

(2) A veterinary inspector may move an animal which has been moved other than in accordance with regulations 10 or 14 to a place specified by the veterinary inspector.

(3) Where a notice has been served under regulation 5 in respect of any premises, an inspector authorised by the Department may implement such other control measures on those premises as the Department may deem necessary.

Temporary control zones

8.—(1) If an inspector suspects that the bluetongue virus exists on any premises, the Department may declare a temporary control zone.

(2) If the Department has reasonable grounds for suspecting that the disease exists in animals within such part of Great Britain or the Republic of Ireland as may entail the risk of the introduction or spread of the disease into Northern Ireland, it may declare Northern Ireland or such area therein as may be specified in the declaration to be a temporary control zone.

(3) The location and size of the temporary control zone shall be such as the Department considers appropriate to prevent the spread of the disease.

(4) Where a temporary control zone has been established, a person shall not move any animal on to or off premises in the zone except under the authority of and in accordance with the conditions of a licence granted by the Department.

(5) Nothing in paragraph (1) shall deem any part of any premises outside Northern Ireland to be within a temporary control zone.

(6) A temporary control zone ceases to exist in any area subsequently incorporating into a control zone or restricted zone.

Measures when the disease is confirmed

9.—(1) On confirmation that the disease is circulating, the Department, being satisfied on epidemiological, geographical, ecological or meteorological grounds that it is appropriate for disease control purposes, may declare an area to be a control zone.

(2) The control zone must include the infected premises, and be of such size as the Department considers appropriate for disease control purposes.

(3) A person shall not move an animal to or from premises in a control zone.

Restrictions in protection and surveillance zones

10.—(1) On confirmation of the disease in Northern Ireland the Department shall—

(a)declare an appropriate area to be a restricted zone, and

(b)may divide the restricted zone into two separate zones, a protection zone and a surveillance zone.

(2) A person shall not move an animal, semen, ovum or embryo out of a restricted zone except under the authority of and in accordance with the conditions of a licence granted by the Department.

(3) A person shall not move an animal from a protection zone to a surveillance zone except under the authority of and in accordance with the conditions of a licence granted by the Department.

(4) The Department shall grant a licence if the movement is permitted under the Regulation as amended from time to time, and the conditions of any licence must be such as to ensure that the movement is made in accordance with that Regulation.

(5) A person is prohibited from moving an animal within a restricted zone if the animal shows clinical signs of bluetongue on the day of transport.

Premises straddling zones

11.—(1) Premises partly inside a temporary control zone and not inside any other zone are treated as being inside the temporary control zone.

(2) Premises partly inside a control zone are treated as being inside that zone.

(3) Premises partly inside a vaccination zone are treated as being inside that zone.

(4) Otherwise—

(a)if a restricted zone has been divided into a protection zone and a surveillance zone premises partly inside the protection zone and partly inside the surveillance zone are treated as being inside the protection zone;

(b)premises partly inside a restricted zone and partly inside an area that does not have controls for bluetongue are treated as being inside the restricted zone; and

(c)premises partly inside a restricted zone and partly inside a temporary control zone are treated as being inside the restricted zone.

(5) Nothing in this regulation shall deem any part of any premises outside Northern Ireland to be within a control zone.

Powers of inspectors and officers in control, temporary control, restricted or vaccination zones

12.—(1) When a control, temporary control, restricted or vaccination zone has been declared, veterinary inspectors, officers of the Department and inspectors have the powers in regulation 7.

(2) A veterinary inspector may also—

(a)require the occupier of premises in a protection zone or the keeper of any animal on such premises to allow the vaccination or require the vaccination of any animal kept there; and

(b)require the occupier or keeper to retain animals for use as sentinel animals or to allow the introduction of sentinel animals onto those premises.

Slaughter of animals

13.—(1) The Department may designate slaughterhouses for the purposes of slaughtering animals transported out of a restricted zone.

(2) If an animal is transported from a restricted zone to a slaughterhouse outside the restricted zone under the authority of and in accordance with the conditions of a licence granted by the Department the occupier of the slaughterhouse must slaughter the animal within a specified time period and in any case not later than 24 hours of arrival.

(3) The operator of a slaughterhouse in a surveillance zone may only slaughter an animal from a protection zone if licensed to do so by the Department.

Subsequent movement of animals

14.  If an animal, semen, ovum or embryo that has been in a restricted zone is moved on to premises outside the restricted zone, an inspector may serve a notice on the occupier of those premises, and on the occupier of any premises to which the animal, semen, ovum or embryo is subsequently moved, prohibiting its movement from those premises except under the authority of and in accordance with the conditions of a licence granted by the Department.

Bluetongue outside Northern Ireland

15.  If bluetongue is confirmed outside Northern Ireland, the Department may declare a control zone or restricted zone in Northern Ireland, of such size and location as it determines is appropriate for disease control purposes.

Declaration of zones

16.  A Declaration of a zone—

(a)shall be in writing;

(b)may be amended by further declaration at any time;

(c)shall designate the extent of the zone being declared;

(d)may only be revoked by further declaration; and

(e)shall be published in such a manner and to such extent as the Department considers necessary.

PART IIIMISCELLANEOUS

Monitoring and Surveillance

17.  An inspector or officer of the Department may enter any premises (whether or not in a control zone or restricted zone) for the purposes of monitoring or surveillance for the bluetongue virus or antibodies to the bluetongue virus or midges.

Obtaining vaccine

18.  No person other than a holder of a marketing authorisation, a manufacturing authorisation or a wholesale dealer’s authorisation granted by the Secretary of State under the Veterinary Medicines Regulations 2007 may obtain vaccine except under the authority of a licence granted by the Department.

Prohibition on vaccination

19.  Except where regulation 20 applies, a person shall not vaccinate an animal against bluetongue except under the authority of a licence granted by the Department.

Compulsory vaccination

20.—(1) The Department may declare a vaccination zone in which any occupier of premises or keeper of animals must ensure the vaccination of their animals and comply with any other measures related to either vaccination or vaccine specified in that declaration.

(2) A veterinary inspector may serve a notice on the occupier of premises or the keeper of animals on premises requiring that occupier or keeper to ensure the vaccination of the animals at the premises.

Costs of compliance

21.  Unless the Department directs otherwise in writing, the costs incurred by any person in taking any action required, or in refraining from taking action that is prohibited, by or under these Regulations must be met by that person.

Powers of inspectors in case of default

22.  If any person fails to comply with a requirement in or under these Regulations, an inspector may take such steps as that inspector considers necessary to ensure the requirement is met at the expense of that person.

Offences and penalties

23.  A person contravening any requirement or prohibition in or under these Regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment not exceeding three months or both.

General powers of inspectors

24.  An inspector or officer of the Department who enters premises under these Regulations may take with him—

(a)a vehicle;

(b)any equipment; and

(c)such other person(s) as is appropriate.

Interference with traps and marks

25.  A person shall not—

(a)damage, interfere with or remove any traps set for midges under these Regulations; or

(b)deface, obliterate or remove any mark made by any person under these Regulations.

Licences

26.—(1) A person moving any thing under the authority of and in accordance with the conditions of a specific licence granted by the Department under these Regulations must—

(a)keep the licence or a copy of it with him at all times during the licensed movement;

(b)on demand by a veterinary inspector or other officer of the Department or by an inspector, produce the licence or copy and allow a copy or extract to be taken.

(2) A person moving any thing under the authority of and in accordance with the conditions of a general licence granted by the Department under these Regulations shall—

(a)carry, at all times during the movement, a consignment note that contains details of—

(i)what is being transported, including the quantity,

(ii)the date of the movement,

(iii)the name of the consignor,

(iv)the address of the premises from which the movement started,

(v)the name of the consignee,

(vi)the address of the premises of destination;

(b)on demand by a veterinary inspector or other officer of the Department or by an inspector, produce the consignment note and allow a copy or extract to be taken.

Provision of assistance

27.—(1) Any person required to give assistance or information to a person acting under these Regulations must, unless he has reasonable cause, do so without delay.

(2) A person shall not provide information which he knows to be false or misleading to a person acting under these Regulations.

Exceptional circumstances

28.  The Department may for the purpose of ensuring the health or welfare of any animal—

(a)license a person to carry out any action that is otherwise prohibited under these Regulations; or

(b)exempt a person, by notice, from any requirement under these Regulations.

Revocations

29.  The Bluetongue Order (Northern Ireland) 2008(8) is revoked.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 30th June 2008.

L.S.
Elizabeth Redmond
A senior officer of the Department of Agriculture and Rural Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Council Directive 2000/75/EC O.J.No.L327. 22.12.2000, p74 laying down specific provisions for the control and eradication of bluetongue and enforce Commission Regulation (EC) No. 1266/2007 O.J.No.L283. 27.10.2007, p37. They revoke and remake with changes the Bluetongue Order (Northern Ireland) 2008.

The changes are that—

(a)the Department may, within a restricted zone, declare any area around an infected premises to be a protection zone, and any area beyond such protection zone to be a surveillance zone (regulation 10(1)(b)).
(b)a person is prohibited from moving an animal in a restricted zone if the animal shows clinical signs of bluetongue on the day of transport (regulation 10(5)).
(c)the operator of a slaughterhouse in a surveillance zone must obtain a licence if that operator proposes to slaughter animals from a protection zone (regulation 13(3)).
(d)if bluetongue is confirmed outside Northern Ireland, the Department may declare a protection zone and a surveillance zone in Northern Ireland (regulation 15).
(e)unless in an excepted category, a person requires a licence to obtain bluetongue vaccine (regulation 18). Vaccination can only take place if authorised by the Department (regulation 19) or where vaccination is required either in a vaccination zone or by notice served on particular premises (regulation 20).
(f)power is given to the Department to allow a person to take or avoid taking an action otherwise than in accordance with the other provisions of these Regulations for the purpose only of ensuring the health and welfare of any animal (regulation 28).
Provision is made so that references to the Commission regulation are references to it as amended from time to time.

Part I of the Regulations provides introductory provisions and exemptions (regulations 1 to 3).

Part II of the Regulations provides for the reporting of symptoms of bluetongue (regulation 4), confirmation of bluetongue on premises (regulation 6). Provision is made for the establishment of temporary control zones (regulation 8), the establishment of restrictions on premises and the establishment of zones and controls on movements of animals within and out of those zones (regulations 9 and 10). Power is given to the Department to license or designate certain slaughterhouses (regulation 13(1)). Movement without a licence of an animal, semen, ovum or embryo from the restricted zone where a notice has been served on the occupier of the premises of destination is prohibited (regulation 14). This Part also provides for the Department to declare zones in Northern Ireland when bluetongue is confirmed outside Northern Ireland (regulation 15).

Part III makes provision for vaccination (regulations 18 to 20) and compliance costs (regulation 21). Failure to comply with any requirement or to observe any prohibition in or under these Regulations is an offence (regulation 23). Interference with traps and marks is dealt with in (regulation 25). Regulation 28 gives the Department power to permit anything that would otherwise be prohibited or to exempt a person from any requirement under the Regulations, for the purpose of ensuring the health and welfare of any animal.

Failure to comply with these Regulations is an offence under Article 52(1) of the Diseases of Animals Order (Northern Ireland) 1981.

(1)
S.I. 2000/2812

(2)
1972 c. 68

(3)
O.J. No. L283, 27.10.2007, p37

(4)
Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51)

(5)
1954 c.33 (NI)

(6)
S. R. 1999 No.434

(7)
S.I. 2007/2539

(8)
S. R. 2008 No.38 as amended by S.R. 2008 No.59